These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by PanelPlace (as defined below).
These Terms applies to all users of the Services, including without limitation users who are advertisers, members, public users, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
These Terms are between you and PanelPlace International Pte. Ltd. or between you and any different service provider identified for a particular Service. For ease of reference, each of PanelPlace International Pte. Ltd. and its subsidiaries are referred to in these Terms as “PanelPlace”.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
PanelPlace reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
If you have any questions, please refer to our Help Centre.
2. Use of the Services
Subject to your compliance with these Terms, PanelPlace grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
- You shall use the Services in accordance with these Terms and shall not:
Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of PanelPlace or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by PanelPlace.
- Use any proprietary information or interfaces of PanelPlace or any other intellectual property of PanelPlace in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
- Authorise or encourage anyone to do any of the foregoing.
PanelPlace reserves the right to claw back any credits, reimbursement, rewards, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with PanelPlace (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are an individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
- Comply with PanelPlace’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by PanelPlace and subject to these Terms and any other additional terms as PanelPlace determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
3.1 PanelPlace Subscriptions
In addition, you may also claim, redeem and/or purchase subscriptions (“PanelPlace Subscriptions”) for access and use of additional features and Services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
Any such purchases shall be in accordance with PanelPlace’s prevailing subscription rules and fees which are as set out below or referenced herein by hyperlink, and forms a part of these Terms.
3.1.2 Special Placement Subscriptions
By using and/or purchasing the Special Placement Services (as defined in the Standard Terms for Special Placement), you agree to observe and be bound by the Standard Terms for Special Placement.
4. Sponsor Ad campaigns
You may purchase Sponsor Ad for increased visibility for your listings in accordance with PanelPlace’s prevailing listing and priority rules and charges, and forms a part of these Terms. Please also take the time to read the additional terms and conditions, as set out in Clause 12 below, that will apply when you choose to purchase credits (“Prepaid Credits”) which may be used to pay for certain services.
You acknowledge and agree that:
- your Sponsor Ad listings may rise and fall in priority in relation to other users’ listings in accordance with PanelPlace’s prevailing listing rules, formulae and algorithms. Each click has an instant effect and all fees and/or charges paid by you to us for any click are non-refundable;
- your Sponsor Ad will be paused if you change any of the ad’s content and/or the campaign details of the ad or disable the ad and no refunds will be issued for any such early termination;
- PanelPlace does not represent or warrant that any Sponsor Ad will lead to a click, favourite, engagement, reviews and by extension, sale;
- the fees payable in respect of each Sponsor Ad are subject to and dependent on the duration of the Sponsor Ad that you purchase;
- the fees payable in respect of each Sponsor Ad Campaign are subject to and dependent on the number of views or clicks (as the case may be) and the category which the listing placed in Sponsor Ad resides in. In addition, each category has its unique demand for views and placing a Sponsor Ad in more popular categories will cost more; and
- notwithstanding the above, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
5. Fees and Payments
Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged performance-based fees, subscription fees, listing fees, charged for the credits you may purchase and/or fees and charges otherwise in relation to your Account or listing (collectively, the “PanelPlace Fees”).
You may pay your PanelPlace Fees using a credit card, debit card, PayPal or by way of telegraphic or other electronic means of transfer (where applicable). You may also pay your PanelPlace Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
You acknowledge and agree that:
- in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, the Services will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
- If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to firstname.lastname@example.org at least 14 days before your next subscription fee payment is due. Please indicate “Expiry/Change of CC details” at the subject header;
- save as set out in this Clause, all performance-based fees, subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any PanelPlace Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
- You shall make prompt payment of all PanelPlace Fees, in full before the due date stipulated by PanelPlace for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to PanelPlace, without prejudice to any other rights or remedies available to us, PanelPlace shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 2% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue PanelPlace Fees and any legal fees and collection costs incurred by PanelPlace in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
- for telegraphic or other electronic means of transfer (where applicable), you shall bear all payment fees, intermediary and other agent bank charges so the full payable amount will be received;
- in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. PanelPlace reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
- you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.
5.1 Listing Fees
You may be charged a listing fee in accordance with PanelPlace’s prevailing listing fees’ rules and charges.
You acknowledge and agree that:
- PanelPlace does not represent or warrant that any PanelPlace Fees paid or payable will lead to a click, engagement, favourite, reviews, and by extension, sale; and
- there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
5.2 Performance-based Fees
You may be charged a performance-based fee in accordance with PanelPlace’s prevailing performance-based fees’ rules and charges for performance-based campaign because it requires user to complete a specific action, which is a conversion ("Valid Action").
You acknowledge and agree that:
- PanelPlace does not represent or warrant that any performance-based campaign will lead to a Valid Action such as click, engagement, favourite, reviews, and by extension, sale; and
- Number of Valid Action is not guaranteed due to a bidding-based system. Campaign's performance subjects to real-time bidding, campaign quality and changes dynamically.
- Budget shall be committed once campaign starts for the Campaign Period, the campaign shall not be stopped or the budget be decreased during the Campaign Period. Budget can be increased anytime.
- In the event of over-delivery, PanelPlace shall be paid for the extra Valid Action that are within 10% of the committed Monthly Budget only.
- Valid Action shall be billable as long as the campaign is still on-going or within 90 days after the campaign is paused or stopped, regardless when the users submitted their interest.
- there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
6. PanelPlace is a Venue
The Services provide a venue for users to interact with each other, and to engage with products and services. PanelPlace does not pre-screen a user or the Content provided by a user, nor is PanelPlace directly involved in transactions between users. Consequently, PanelPlace has no control over, and you agree that PanelPlace is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed.
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
- The true identity, age, nationality, or profile of a user.
- Any Content posted by users.
While PanelPlace endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that PanelPlace may not pre-screen all Content uploaded by users. PanelPlace shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, PanelPlace shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of these Terms.
- If PanelPlace has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
PanelPlace may also block Content and the delivery of a communication (including, without limitation, feedback, postings, reviews and/or notifications) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
8. Create a listing on PanelPlace
In using the Services to create a listing and promote a product and/or offer a service (as the case may be), you agree to comply with the following:
- All items must comply with these Terms and PanelPlace's policies.
- Our listing policy which is applicable to all categories.
- You must provide a fair, accurate and complete description of each listing.
- Each product and/or offer of services must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- All items and/or offer of services must be listed in the appropriate category.
- Any link for your listing shall leads to the correct product and/or service website and must not include any links to non-related third party websites.
You acknowledge and agree that PanelPlace has no control over any website other than the PanelPlace website and shall not in any event be responsible or held liable for any expired listing which appears on any website other than the PanelPlace website or any expired listing which is retrieved by any search engine.
Without prejudice to the rest of these Terms and PanelPlace’s policies, you warrant, in respect of each product, services and/or item which you promote on the Services (as the case may be), that:
- The item is not for phishing and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s order:
- You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.
- You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
- You may not alter the item's price after a sale, or misrepresent the item's location and price.
If you are a buyer whose order has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.
In communicating with a user through the Services for the purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as PanelPlace is not involved in Transactions which are considered solely between users, PanelPlace cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
9. Prepaid Credit
If you choose to purchase prepaid credit, the following additional terms and conditions as set out in this Clause 9 apply to you. You are advised to read these additional terms and conditions carefully.
Relevant entities in respect of prepaid credit
- Please kindly note that prepaid credit is regarded as a stored value facility under Singapore law. PanelPlace International Pte. Ltd., the holder of the prepaid credit stored value facility in Singapore, does not require the approval of the Monetary Authority of Singapore.
9.1 General Terms
a. Prepaid credit is a pre-payment only for the goods and services offered by PanelPlace International Pte. Ltd. and/or its subsidiaries through the website at https://PanelPlace.com, and all related domains and sub-domains, as may be amended or updated by us from time to time and/or the PanelPlace mobile application software, including all its features and content and the services that PanelPlace makes available on or through it, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by us from time to time (collectively, the “Platforms”). PanelPlace reserves the right to:
- limit the use of any prepaid credit; and/or
- reject your request to purchase prepaid credit,
if we reasonably believe that the use is in breach of these Terms, unauthorised, fraudulent or otherwise unlawful. Without limiting the foregoing, PanelPlace shall have such rights in any of the following events: (a) the aggregate amount of stored value held by the prepaid credit, directly or indirectly, alone or together with any person over whom PanelPlace has control or influence, to exceed S$30 million; or (b) the amount of prepaid credit held by you equals to or exceeds S$1,000, notwithstanding Clause 9.3 below.
b. Prepaid credit can only be used in the jurisdiction it was purchased in (i.e. prepaid credit purchased in: Singapore can only be used in Singapore)
c. Prepaid credit are only valid for one (1) year from the date of their purchase, unless otherwise stated in the relevant terms and conditions at the point of purchase and/or allocation (the “CC Validity Period”). The Credit date set out in your Account shall serve as conclusive evidence of the purchase date of your prepaid credit. After the expiry date, the prepaid credit shall be deemed expired and will be cancelled immediately and without further notice. PanelPlace reserves the right to deal with the expired prepaid credit in such manner as it deems fit in its absolute discretion and may at its discretion from time to time vary the CC Validity Period. You hereby agree that you will have no claim whatsoever against PanelPlace for any expired prepaid credit. For the avoidance of doubt, any such expired prepaid credit are non-refundable.
d. Prepaid credit may not be re-sold and unless required by law, are non-refundable, non-transferrable and may not be exchanged and/or redeemed for cash or credit balance or transferred for value under any circumstances. For the avoidance of doubt, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
e. PanelPlace reserves the right to correct the balance of the prepaid credit in your account if we believe that an error, including clerical error, has occurred. PanelPlace may also, in its discretion, allocate credit to you at no cost to you (“Free Prepaid Credit”), subject to any additional terms and conditions. PanelPlace reserves the right to withdraw, amend and/or alter any part of or the whole terms and conditions of such Free Prepaid Credit, at any time without giving prior notice or compensation in cash or in kind.
f. You are responsible for all purchases using your prepaid credit, including unauthorised transactions.
g. Notwithstanding Clause 9.3 below, the maximum amount of prepaid credit that you can hold at any given time is S$1,000 (or the equivalent in the local currency).
9.2 Purchase of prepaid credit
You may purchase prepaid credit by using a credit card, debit card, or by way of telegraphic or other electronic means of transfer. You may also purchase prepaid credit through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
9.3 Prepaid credit of more than S$1,000 (or the equivalent in the local currency)
Your Account shall not be able to contain stored value of more than S$1,000(or the equivalent in the local currency), unless expressly permitted by PanelPlace and subject to the terms and conditions as provided in this Clause 9.3.
You acknowledge and agree that PanelPlace shall have the right (but not the obligation) to permit you to hold stored value of more than S$1,000(or the equivalent in the local currency) in your Account provided that PanelPlace (or where applicable, any third parties appointed by PanelPlace for the purposes thereof) shall:
a. perform and you shall co-operate and assist in the performance of, the due diligence exercise to be carried out on you, pursuant to the requirements of the Monetary Authority of Singapore and/or any other applicable laws and regulations, including without limitation, the establishment and verification of information in respect of the following, using reliable and independent sources, and retention of reference documents used in such verification:
- where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a user;
- your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
- the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;
b. upon each request for a purchase or top-up of prepaid credit, review earlier prepaid credit transactions to ensure that the current prepaid credit transaction is consistent with such earlier prepaid credit transactions, with special attention to unusual, complex or unusually large prepaid credit transactions; and
c. maintain records of all information identifying you, your account information, business correspondence, and information needed to explain and reconstruct any prepaid credit transaction relating to your Account for a period of at least six (6) years following termination of your Account or such time period as required by law;
10. Disputes with users
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to PanelPlace, PanelPlace will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release PanelPlace from any claims, demands and damage arising out of your disputes with users of our Services.
12. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of PanelPlace. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of PanelPlace. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by PanelPlace.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by PanelPlace to use PanelPlace’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of PanelPlace, which may be withheld for any or no reason.
13. Reporting Unauthorised Content
PanelPlace respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided here to report the same to us.
PanelPlace reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
14. Suspension and Termination
You may deactivate your Account at any time through the “Settings” section of your Account.
PanelPlace reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
- Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any PanelPlace user, PanelPlace employees, representatives and/or officer.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
15. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
PanelPlace does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and PanelPlace’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). PanelPlace is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from PanelPlace or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that PanelPlace has no obligation to support or maintain the Services.
PanelPlace disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. PanelPlace is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. PanelPlace does not accept any responsibility in connection with your participation in activities conducted by any other party.
16. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL PANELPLACE OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PANELPLACE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PANELPLACE’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY PANELPLACE IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO THE PREPAID CREDIT IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless PanelPlace, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
PanelPlace does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that PanelPlace and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
19. Sub-contracting by PanelPlace
PanelPlace reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as PanelPlace deems appropriate.
You and PanelPlace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by PanelPlace to exercise a right or require performance of an obligation in these Terms shall not affect PanelPlace’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and PanelPlace and supersedes all prior or contemporaneous understandings and/or agreements between you and PanelPlace.
21. Governing Law and Jurisdiction
You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Last updated on 10 August 2022