We may amend the terms in the Agreement from time to time. We will notify you when we do so by posting an announcement on the App (as defined below) and/or the Website (as defined below). Please note that you shall be responsible to regularly review the Agreement. Your continued use of our Services after any such amendments shall be deemed to constitute your acceptance of and agreement to be bound by the amended Agreement.
In these Terms, the following words shall have the meanings ascribed below:
“Application” or “App” means the live video streaming mobile application made available for download by K2L;
“Personal Data” means any information which can be used to identify you or from which you are identifiable including your name, telephone number, email address, photograph and credit card details;
“Services” means the services provided by K2L through the App and/or Website;
“User” means any individual who uses the App and/or Website; and
“Website” means [insert the hyperlink of K2L’s website].
You will need to register an account through the App or Website and login to the account in order to access and use the Services.
You will be solely responsible for keeping your account password or any identification we provide you which allows access to the Services secure and confidential. You agree to notify us immediately of any unauthorized use of your account or any other breach of security in connection with your account.
You agree that we may deactivate and/or delete your account at any time if we deem, in our sole, that you have breached the Terms or if your account has activity which causes harm to or impair the Services or infringe or violate any third party rights or any applicable laws.
You agree that we may, in our sole discretion, consider your account to be dormant if there has been no activity in your account for a period of 3 months from the last date of activity and deactivate and/or delete your account.
You agree that we may at any time without notice, suspend or terminate operation of or access to the App and/or Website (or any portion thereof) for any reason whatsoever, and/or interrupt the operation of the App and/or Website (or any portion thereof) as necessary to perform routine or non-routine maintenance, error correction, or other effect changes. You acknowledge that this may affect your access to your account and/or the availability of any products or services and you agree that we shall not be required to compensate you for any loss or damage suffered by you as a result of such suspension or termination.
Please note that different models or versions of routers, browsers and/or devices may have firmware or settings that may be incompatible with the App and/or the Website. While we may develop the App and/or Website to support commonly used devices, we do not warrant in any manner whatsoever the compatibility of the App and/or Website with specific devices or other hardware.
Representations, Warranties and Undertakings
By using our Services, you represent, warrant and undertake as follows:
You are at least 18 years old and have the legal capacity to enter into the Agreement;
You agree that you will provide accurate, current and complete information for the account registration and update your information in a timely manner to keep it accurate, current and complete at all times. You further agree that that if your information is found to be untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate the Agreement and your use of the Services at any time without notice;
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, K2L or any other party as a result of your breach of the Agreement;
You will not create, upload, transmit or distribute any content on the App and/or Website that is threatening, inflammatory, abusive, infringing, inaccurate, defamatory, obscene or otherwise objectionable;
You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud K2L or to disrupt the functionalities of the App and/or Website;
You will not attempt to interrupt, harm or damage the App and/or Website in any manner whatsoever and will not impair or circumvent the proper operation of the network which the Services operate on;
You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services (or any part thereof);
You will not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access other accounts without permission, or perform any other similar fraudulent activity; and
You will not use the Services for any unlawful purposes or in violation of any applicable laws.
We and our licensors (where applicable) own all right, title and interest, including all related intellectual property rights, in and to the App and Website. Nothing in the Agreement shall be construed as conveying to you any rights of ownership in or related to the App and Website, or any intellectual property rights owned by us and/or our licensors.
By using and/or uploading any content on the App and/or Website, you grant us and our sub-licensees the royalty free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part) and/or incorporate such content into existing or future forms of work, media or technology.
By using the Services, you agree that you shall indemnify and hold K2L, its licensors and each such party’s affiliates, officers, directors, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees on a full indemnity basis) arising out of or in connection with your use (or misuse) of the Services, or breach of any of the Terms, or violation of any thirty party rights or any applicable law or regulation (whether or not referenced herein).
Limitation of Liability
To the maximum extent permitted by the applicable law, we do not assume any responsibility or liability for (a) any content generated by users of the Services or for any loss or damage resulting therefrom or, (b) any mistakes, slander, omissions, falsehoods, defamation, libel, obscenity, pornography or profanity you may encounter when using the Services. You agree that your use of the Services is at your risk.
To the maximum extent permitted by the applicable law, our total liability for any claim arising from or in connection with the Terms shall be limited to the lowest of (a) SGD $50, or (b) the amount you paid us to use or access the Services in the past 1 month (where applicable).
We make no representations, warranties or guarantees of any kind whatsoever as to the suitability, accuracy or completeness, reliability, timeliness, quality, availability of the App and/or Website.
We make no representations, warranties or guarantees of any kind whatsoever that the use of the App and/or Website will be secure, uninterrupted, free of errors or other harmful components or that it will meet your requirements or expectations or that any stored data will be accurate or reliable or the quality of any products, services, information or other materials purchased or obtained by you through the App and/or Website will meet your requirements or expectations.
Please note that the Services are provided to you strictly on an “as is” basis. To the maximum extent permitted by the applicable law, all conditions, representations and warranties including (but not limited to) any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded.
The App and/or Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party provider being faulty, not connected, out of range, switched off or not functioning. We shall in no way whatsoever be responsible for any such delays, delivery failures, damages or losses resulting from or in connection with such issues.
This Agreement comprises the entire agreement between you and K2L with respect to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.
Unless otherwise stated herein, the Terms (as amended from time to time) may not be assigned by you without our prior written approval but may be assigned by us without your consent.
Nothing contained in the Terms shall be construed as creating any agency, partnership, or other form of joint venture with us.
Our failure to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision.
This Agreement does not give rights to any third parties who are not party to this Agreement.
If any provision of the Terms is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
The Terms and Policies shall be governed by Singaporelaw, without regard to the choice or conflicts of law provisions of any jurisdiction.
Any disputes, actions, claims or causes of action arising out of or in connection with the Terms, Policies or the Services shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator, and the language of arbitration shall be English.