Last updated 15 May 2024

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1. AGREEMENT TO TERMS

 

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”), DewTouch Innovations Pte Ltd doing business as DewTouch (“DewTouch”, “we”, “us”, or “our”) and providing the workshop management system, and Acorn Insurance Brokers ("Partner") processing the insurance application and granting the insurance policy, concerning your access to and use of https://fixnetics.com and across all related websites, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for this Site.

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Singapore, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial pur[pose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all right not expressly granted to you in and to the Site, the Content and the Marks.

 

3. USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree and comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or other means; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

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4. PROMOTIONAL OFFER

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Upon securing a slot in the promo and account activation, the user is given an access to https://app.fixnetics.com ("Product") for a period of twelve (12) consecutive months, with each month equivalent to 30 days, or 360 consecutive days free of charge ("Offer"). The Offer is an opportunity for you to use one (1) account of the Product. If you signed up either through the Site or our Partner, and failed to pass the application process or provide the necessary requirements requested by our Partner, we have the right to refuse to grant you the Offer.

 

The Offer will begin on the date that we activated your account, and, regardless of whether you use the Product or not, will expire within 360 consecutive days. Activation of account will commence once the Product goes live online.

 

After the Offer ends, you understand that your access to the Product will be disabled automatically without any notification or warning from us, written, verbal or any means of communication. You may cancel the Offer at any time prior to 12 months by writing us an email to support@fixnetics.com. If you choose to cancel your account in the Product during the Offer, or discontinue the use of the Product by paid subscription following the Offer, any content or data you have entered into the Product will be lost and will not be recoverable.

 

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5. USER REGISTRATION

 

You may be required to provide details on the Product and to our Partner. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

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6. PROHIBITED ACTIVITIES

 

You may not access or use the Product for any purpose other than that for which we make the Product available. The Product may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

As a user of the Product, you agree not to:

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1. Systematically retrieve data or other content from the  Product to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the  Product, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the  Product and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the  Product.

5. Use any information obtained from the  Product in order to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the  Product in a manner inconsistent with any applicable laws or regulations.

8. Use the  Product to advertise or offer to sell goods and services.

9. Engage in unauthorized framing of or linking to the  Product.

10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the  Product or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the  Product.

11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

12. Delete the copyright or other proprietary rights notice from any Content.

13. Attempt to impersonate another user or person or use the username of another user.

14. Sell or otherwise transfer your profile.

15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

16. Interfere with, disrupt, or create an undue burden on the  Product or the networks or services connected to the  Product.

17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the  Product.

18. Attempt to bypass any measures of the  Product designed to prevent or restrict access to the  Product, or any portion of the  Product,

19. Copy or adapt the  Product’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the  Product.

21. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the  Product, or using or launching any unauthorized script or other software.

22. Make any unauthorized use of the  Product, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

23. Use the  Product as part of any effort to compete with us or otherwise use the  Product and/or the Content for any revenue-generating endeavour or commercial enterprise.

 

7. USER-GENERATED CONTENT

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Your ability to submit or transmit any information through the  Product, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “Content” throughout this Agreement. Any content transmitted by you shall be referred to as “your content.” All your content submitted to the  Product will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your content and we may refuse to accept or transmit any Content. You agree that you are solely responsible for any of your content submitted and you release us from any liability associated with any of your content submitted. You understand that we cannot guarantee the absolute safety and security of any Content. Any of your content found to be in violation of this Agreement or that we determine to be harmful to the  Product may be modified, edited, or removed at our discretion. DewTouch does not endorse and may not verify, monitor, or restrict any Content submitted. You agree that any third-party content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.

When submitting any Content to our  Product you represent and warrant that you own all rights to your content and you have paid for or otherwise have permission to use any of your content submitted.

When you submit any Content to us, you grant DewTouch, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content. It is important for you to grant us this license so that we may transmit your content to other users through our  Product. Additionally, although you own all the Content submitted by you, we own all layouts, arrangements, metadata and images that are used to render your content through our  Product.

Any use of the  Product in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the  Product.

 

8. USER-GENERATED CONTENT GUIDELINES

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We reserve the right to remove, delete, modify, screen, edit, or reinstate your content from time to time at our sole discretion for any reason or no reason, and with or without notice to you. For example, we may remove your content if we believe it violates our community standards. We have no obligation to retain or provide you with copies of your content after your subscription has ended. Please be aware that all your content may be viewed by third parties, thus we cannot guarantee the confidentiality of any of your content.

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When submitting your content you agree to the following:

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• You agree not to post any of your content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;

• You agree not to post any of your content that is considered spam;

• You agree to provide truthful and accurate Content;

• You agree to only post Content that you own or have licensed and you shall not post any Content that is in violation of a third party’s intellectual property rights; and

• You agree not to post any Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

 

If you have violated any of our User Generated Content Guidelines or if you believe that any of your content may harm the  Product, your access to the  Product may be suspended or terminated.

 

9. SUBMISSIONS

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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the  Product (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

10. THIRD-PARTY WEBSITE AND CONTENT

 

The Product may contain (or you may be sent via the Product) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Product or any Third-Party Content posted on, available through, or installed from the Product, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or the Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Product and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable Terms and policies, including privacy and data gathering practices, of any website to which you navigate from the  Product or relating to any applications you use or install from the Product. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harness from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

11. SITE MANAGEMENT

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We reserve the right, but not the obligation, to: (1) monitor the  Product for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the  Product or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the  Product in a manner designed to protect our rights and property and to facilitate the proper functioning of the  Product.

 

12. PRIVACY POLICY

 

We care about data privacy and security. By using the  Product, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into this Terms of Service. Please be advised the Product is hosted in Singapore. If you access the site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the  Product, you are transferring your data to Singapore, and you agree to have your data transferred to and processed in Singapore.

 

13. COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the  Product infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the  Product infringes your copyright, you should consider first contacting an attorney.

 

14. TERM AND TERMINATION

 

These Terms of Service shall remain in full force and effect while you use the  Product. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING IN OUR SOLE DISCRETION.

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If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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15. MODIFICATION AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the  Product at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our  Product. We also reserve the right to modify or discontinue all or part of the  Product without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the  Product.

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We cannot guarantee the  Product will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the  Product, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the  Product at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the  Product during any downtime or discontinuance of the  Product. Nothing in these Terms of Service will be construed to obligate us to maintain and support the  Product or to supply any corrections, updates, or releases in connection therewith.

 

16. GOVERNING LAW

 

These Terms shall be governed by and defined following the laws of Singapore. DewTouch Innovations Pte Ltd and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

17. DISPUTE RESOLUTION

 

Informal Negotiations

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To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively. The “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

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Binding Arbitration

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Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve through binding arbitration or small-claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

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The seat, or legal place, of arbitration shall be Singapore, Singapore. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Singapore.

 

Restrictions

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The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

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The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

18. CORRECTIONS

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There may be information on the  Product that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the  Product at any time, without prior notice.

 

19. DISCLAIMER

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THE PRODUCT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PRODUCT AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCT’S CONTENT OR THE CONTENT OF ANY WEBPRODUCTS LINKED TO THE PRODUCT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCT, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORES HEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCT, ANY HYPERLINKED WEBPRODUCT, OR ANY WEBPRODUCT OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

20. LIMITATIONS OF LIABILITY

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IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO S$1.00 (SGD). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

21. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the  Product; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the right of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the  Product with whom you connected via the  Product. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims, We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

22. USER DATA

 

We will maintain certain data that you transmit to the Product for the purpose of managing the performance of the Product, as well as data acquired by Partner relating to your use of the Product. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the  Product. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

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Visiting the Site or Product, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosure, and other communications we provide to you electronically, via email and on the  Product, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PRODUCT. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

24. MISCELLANEOUS

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These Terms of Service and any policies or operating rules posted by us on the  Product or in respect to the  Product constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provision. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the  Product. You agree that these Terms of Service will be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto execute these Terms of Service.

 

CONTACT US

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In order to resolve a complaint regarding the  Product or to receive further information regarding the use of the  Product, please contact us at support@fixnetics.com