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Terms of Use

KTC Global Entertainment Pte. Ltd., a company incorporated in Singapore (“KTC“, “we“, “us” and “our“) provides mobile application and online services, including but not limited to the mobile application known as “KTC Map”) (the “App”), and the related website located at https://ktc.io/ (the “Website”), (the App, the Website and other online and mobile services provided by KTC collectively, the “Services”). These Terms are applicable to your use of the Services, however installed, accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Services. It is important that you read and understand the Terms. By clicking “I Agree” on the App’s installation page (or where such button or a similar button is otherwise presented) and downloading, installing, accessing or using the Services, you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy (the Terms, Privacy Policy and other documents referenced herein collectively, the “Agreement”), and that you agree to be bound by this Agreement. If you do not accept or understand the Terms, please do not use, download, access or register with the Services. The terms “you” and “user” shall refer to all individuals and entities that access the Services. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms. In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or lucky draws) as well as all other operating rules, policies and procedures that may be published from time to time on the Services, each of which is incorporated herein by reference.
  1. ELIGIBILITY
    1. Age Restriction. The Services are intended for persons who are 18 years of age or older. By accessing or using the Services, you agree to be bound by these Terms. In addition, you also represent and warrant that you do not lack capacity by reason of your age, or if you are a minor, that you have a parent’s or guardian’s permission to access and use the Services.
    1. Restricted Persons. To be eligible to use the Services, you must not be a Restricted Person (as defined below). If you are a Restricted Person, do not attempt to download, access, or use the App and/or the Website. KTC may but is not obligated to implement technical measures such as “geo-blocking” to ensure that the Services are not available to Restricted Persons. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use the Services is prohibited. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
For the purpose of these Terms: “Restricted Person” shall mean any person that (a) resides in, a citizen of, is incorporated in, or has a registered office in any Restricted Territory, as defined below; and (b) is listed on, or owned or controlled by a person or persons listed on, or acting on behalf of a person or persons subject listed on, any Sanctions List or otherwise subject to any Sanctions. “Restricted Territory” shall mean (a) any state, country or region that is listed on any Sanctions List or is otherwise subject to sanctions enforced by any Sanctions Authority. “Sanctions” shall mean economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by any Sanctions Authority. “Sanctions Authority” shall mean any of (a) the United States government; (b) the United Nations Security Council; (c) the United Kingdom government; (d) the European Union; and (e) the Singapore government. “Sanctions List” includes the “Specially Designated Nationals and Blocked Persons”, “Consolidated Sanctions” and “Sanctions Programs and Country Information” lists maintained by the Office of Foreign Assets Control of the US Department of Treasury (OFAC), the “Consolidated List of Financial Sanctions Targets” and the “Investment Ban List” maintained by Her Majesty’s Treasury (HMT), or any similar list maintained by, or public announcement or designation made by any Sanctions Authority.
  1. ACCOUNT, USER ID AND PASSWORD
    1. You must have an account (“User Account”), user identity and password to access and/or use certain features, functionalities, and services on the App and/or Website. You represent and warrant that: (i) all information submitted by you to KTC for the purposes of creating an account and in the course of your use of the Services is true, complete, accurate and not misleading; (ii) you will ensure that such information is kept up-to-date and accurate at all times; and (iii) your use of the Services does not violate any applicable laws or legal requirements or these Terms.
    1. We may at any time in its absolute discretion forthwith invalidate your user ID and/or password at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. We shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of or in connection with or by reason of such invalidation.
    1. You hereby agree to change your password from time to time and to keep your password confidential, secret and secure. You shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of your password.

    1. You are to notify KTC immediately if you have knowledge that or have reason for suspecting that your password has been compromised or if there has been any unauthorised use of your user ID and/or password or if any information in relation to your account requires updating.
    1. We shall not be responsible or liable for any losses or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of using your user ID and/or password.
    1. Any use of or access to the Services (including in particular, any purchase or redemptions) and any information, data, instructions or communications referable to your user ID and password (whether such access, use or communication is authorised by you or not) shall be deemed to be: (i) use or access of the Services by you; and/or (ii) information, data, instructions or communications transmitted and validly issued by you. You shall be bound by any access, use, instructions and/or communications carried out or transmitted through the App and/or Website which are referable to your user ID and password and you agree that KTC shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
  1. PROPRIETARY RIGHTS AND LICENCE
    1. The information and materials located or hosted on, or linked to the App and/or the Website (“Materials”) are protected by copyright, trademark and other forms of proprietary rights. Such Materials include, but are not limited to, any data, photographs, graphics, illustrations, designs, trademarks, trade names, service marks, product names, logos, insignias or other devices, software programmes, downloadable files, software applications, interactive features, tools, services, articles, videos or other information or content made available on or through the App and/or the Website. The presentation and layout of the Materials is also protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and laws of Singapore and other countries. Unless otherwise stated, the rights, titles and interests to the Materials are owned by, licensed to or controlled by us.
    1. You shall not use any of the names, marks, designs and logos owned or controlled by KTC (collectively, the “Marks”, including the words “KTC”, “KTC Map”, the KTC logo and other service marks, trademarks, trade names, slogans, symbols, designs, insignia, emblems and other identifying characteristics associated with KTC and/or its affiliates, whether used alone or in conjunction with any other name, words or marks) without KTC’s prior written consent.
    1. Subject to your compliance with these Terms, KTC grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal, non-commercial purposes.
    1. You are solely responsible for any text, communications, images, and other data, information and content that you submit in the Service, or transmit to other users of the Services (collectively, “User Content”).
    1. You acknowledge and agree, and you hereby grant to us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to use, track, store, index, cache, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit your in-App activity, including but not limited to: (i) your presence on the Services; (ii) the time that you spend on or within particular portions of the Service; (iii) statistics, user profiles and avatars; (iv) any User Content that you may submit; and (v) other Service usage information, in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You further hereby grant to us the unconditional, irrevocable right to use and exploit your name, likeness, social media or online handle(s), and any other information or material included in any User Content and in connection with any User Content or your User Account, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Services is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
  1. CONDITIONS OF USE
    1. Safety. While using the Services and/or the App, please be aware of your surroundings at all times and drive/ play safely. YOUR USE OF THE SERVICES AND YOUR USE OF THE APP IS AT YOUR OWN RISK and it is your responsibility to maintain such health, auto, liability, hazard, personal injury, medical, life, and other insurance policies as you deem necessary for any injuries or damages that you may incur while using the Services.
    1. General Conditions. You agree to use the App, the Website and/or the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein and subject further to the following conditions:
      1. Unlawful Activity: You agree not to use the Services to violate any applicable law, rule or regulation (including without limitation laws pertaining to trespass and similar laws) or these Terms, or to encourage or enable any other person to violate any applicable law, rule or regulation or these Terms.
      1. Trespass: You agree not to enter into or onto private property without explicit permission of the property owner.
      1. IP: You agree not store, archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) (in hard copy, electronic media, machine readable or any other form) any Material (as defined below) or any other content and information contained on or obtained from or through the App, the Website, or the Services. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Services.
      1. Malicious Activity: You agree not to engage in any activity that poses a threat to KTC or the App/ Website, for example by distributing a virus or other harmful code, or through unauthorized access to the App / Website or other users’ accounts. You shall not use the Website in any manner that could damage, disable, overburden, impair or otherwise interfere with any of KTC’s server, or the networks connected to any KTC server, or interfere with any other party’s access and use of the Services. You shall not attempt to gain unauthorised access to the App / Website, or the Materials or any Services, other accounts, computer systems or networks connected to any of the Company’s server or to any of the services provided via the App / Website, through hacking, password mining or any other means. You shall not to use (or attempt to use) any robot, spider or other automatic device, process or means to access the App / Website for any purpose, including without limitation monitoring, scraping, data mining, data extraction, data harvesting or otherwise copying any of the material on the App / Website. You are not allowed to enter any restricted area of any computer or network of KTC under any circumstances, or perform any functions that are not authorised by these Terms.
      1. Commercial Exploitation: You shall not use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c) sell, resell, rent, or lease the App or your User Account.
      1. Objectionable content: You shall not post, promote or transmit through the App/ Website any information, data, text, messages or other materials that is unlawful, libellous, defamatory, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
      1. Personal Data of Other Users. You shall not collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
      1. Fraud and Cheating: All forms of cheating (including but not limited to GPS location spoofing, accessing the Services through unauthorised third-party software or the use of modified scripts) are prohibited on the App and KTC reserves the right to implement such anti-cheat measures as it may decide at its sole discretion to combat cheating activities. You further agree not to engage in any activity which operates to defraud KTC, the Merchants, the Advertisers (each as defined below), other users, or any other person; or to provide any false, inaccurate, or misleading information to KTC and/or its advertisers. You shall not use or attempt to use another user’s account and shall prevent your User Account from being used by any other person.
      1. Unfair competition: You agree not to access the App, Website or use the Services in order to build a similar or competitive site, service, or software.
We may but are not obligated to monitor access to or use of the Services or User Content or to review or edit any User Content. We reserve the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may consult and cooperate with the Singapore Police Force and other law enforcement authorities to prosecute users who violate the law.
  1. COINS, ADS AND REWARDS
    1. The App, KTC Map, is a GPS-based location and routing mobile application, which allows you to collect KTC coins (“Coins”) when you pass by designated locations. Each Coin can only be collected once by the user which is first in time to arrive at such location as determined by KTC.
    1. Coins have no monetary value, do not constitute currency or property of any type and can never be sold, transferred, or exchanged for fiat currency. Coins may only be redeemed for vouchers and items (“Coin Rewards”) from KTC directly or through its participating merchants (“Merchants”) as provided for in this clause (“Rewards Program”).
    1. Coin Rewards.
      1. The Coin Rewards available to you will be based on a coin redemption list specific to your country/ region (“Coin Redemption List”).
      1. Once redeemed, the Coin Rewards are not refundable or exchangeable for cash, Coins or another reward.
      1. The redemptions shall be effected by such mode or redemption channels, within such period of time and in such manner as determined by KTC and notified to you or publicised by KTC in any manner as it deems fit from time to time. All users agree that the use of any particular redemption channel shall be governed by the terms and conditions then in force in relation to such redemption channels.
      1. All requests to redeem any Coins shall be processed based on a first-come, first-served basis, and are subject to (a) whether the user has sufficient accumulated Coins to redeem the Coin Reward he/she has selected and (b) the availability of such Coin Reward at the time of the redemption.
      1. Where the Coin Reward redeemed is a voucher, use of the voucher is subject to (i) the terms and conditions stated herein, on the voucher and in the Coin Redemption List and (ii) such other restrictions and/or conditions as may be imposed by the Merchant on the use of the voucher; and
      1. KTC reserves the right to replace any Coin Reward with another reward of similar value as determined by the KTC at its absolute discretion.
      1. KTC’s decision on all matters relating to or in connection with the awarding of Coins and/or the Rewards Program shall be final and binding on all users.
    1. Ad Rewards.
The App also allows you to collect audio advertisements (“Ads”). After listening to the Ads, users will be able to unlock various rewards offered by the advertisers (“Ad Rewards” and “Advertisers”). Ad Rewards are administered directly by the Advertisers and KTC’s role is solely to provide the user interface by which the Ad Rewards are displayed in the App.
    1. Paring.
      1. Pairing can be done when 2 users are located near to each other. User can tap on the pairing button, find nearby users and choose to pair with the said user (“Pairing User”) to collect Coins together. When 2 users pair, whatever Coin one user collects, the paired user also obtains a Coin at the same time.
      1. When accessing the pairing function, you acknowledge and agree that you and the Pairing User shall be sharing various personal data, including location data with each other via the App.
    1. If it is subsequently discovered that a user has redeemed more Coin Rewards or Ad Rewards than he / she is entitled to, KTC has the absolute right to take whatever steps necessary including but not limited to charging such user for the face value of any additional Coin Rewards or Ad Rewards redeemed and/or suspending or terminating the user’s account.
    1. For Coin Rewards redeemed directly from KTC, you acknowledge and agree that KTC is not the manufacturer, vendor or supplier of any Coin Reward and KTC does not warrant the quality, performance or fitness for the purpose of any Coin Rewards. Accordingly, KTC shall not be responsible for any consequence including but not limited to loss of life, injury to person and/or damage to property arising from or in connection with the use of the Coin Rewards.
    1. For Coin Rewards/ Ad Rewards that are redeemed from a Merchant or Advertiser, you acknowledge and agree that KTC is not an agent of the Merchant or Advertiser nor the vendor or supplier of any Coin Reward / Ad Reward. KTC shall not in any way be liable or responsible for the acts, omissions and/or default of any Merchant or Advertiser in respect of any redemption including, without limitation, a failure to deliver the Coin Reward or Ad Reward or any discrepancy or defect in the quantity, quality, merchantability, fitness for purpose of any Coin Reward or Ad Reward. Any dispute in respect of the foregoing should be resolved directly with the Merchant / Advertiser.
  1. GEO-LOCATION FEATURES
    1. To fully utilise the App, you should enable GPS, geo-location or other location-based features on your device. In doing so, you acknowledge that your device location will be tracked and may be shared with others in accordance with our Privacy Policy.
    1. You can disable device location tracking by us by turning off GPS location sharing in your mobile device settings. The location-based services offered in connection with the Services or feature(s) are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location data may not be accurate and LOCATION-BASED / GEO-LOCATION SERVICES ARE USED AT YOUR OWN RISK.
    1. By using the Services, you agree that we may access your device in order to allow for or optimize your use of the Services. For instance, the App may access, use and read accounts, settings, data and/or content on your device, and/or add content to your device, and change settings of your device, for reasons such as saving images, sound files and writing usage logs to the device; sending social media messages you initiate; sending and receiving data needed for operating the Services; and to provide you notice when you are not connected to a network. You consent to these activities by installing the App or otherwise using the Services. Your device settings may enable you to disable, change or limit some of these activities.
  1. ACCOUNT AVAILABILITY
    1. Termination
We reserve the right to terminate access to the App / Website of any user at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms.
    1. Suspension
We further reserve the right to suspend your access to the App / Website for such periods of time as we deem fit in the event of any breach or suspected breach of the Terms and may conduct investigations into such breach or suspected breach. We may, at our sole discretion, restore your access to the App / Website after such suspension or investigations and such restoration of access may be subject to additional conditions as we deem fit.
    1. Access and Availability
Access to the Services may become degraded or unavailable on KTC during times of significant volatility or volume. This could result in the inability to access the App and/or functions thereon and may also lead to support response time delays. Although we strive to provide you with stable and continued access to the Services, we do not guarantee that the App / Website or Services will be available without interruption.
    1. Liability
We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the App / Website being inaccessible to you at any time or for any reason (due to account termination, suspension or otherwise).
  1. CONSENT TO ELECTRONIC DISCLOSURES AND SIGNATURES
    1. General
Because KTC operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our providing you certain disclosures electronically, either via our App/ Website or to the email address (if applicable) you provide to us. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the App/ Website and Services.
    1. Communications
By accepting these Terms, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialling system or an automatic texting system. Notwithstanding the aforementioned, any form of communication from KTC will be provided to you electronically through the App/ Website or (if applicable) via email to the email address provided. If you require paper copies of any agreements or disclosures, you may print such documents desired.
    1. Scope of Consent
Your consent to receive disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such disclosures relate, whether between you and KTC or a third party by and through the Services. Your consent will remain in effect for so long as you are a user and, if you are no longer a user, will continue until such a time as all disclosures relevant to the Services are received through the App/ Website.
    1. Withdrawing Consent
You may withdraw your consent to receive agreements or disclosures electronically by contacting us at [*@ktc.io]. However, if you do not consent or withdraw your consent you may not be able to access all aspects of the Services.
    1. Deleting Your Account
You may choose to delete your User Account at any time by clicking on the relevant option within the App, upon which your account data shall be deleted by KTC from its servers as soon as practicable. You acknowledge and agree that the deletion of your User Account and the associated data (e.g., your Coin balances, redemption history and records of Ads collected /viewed) is irreversible. You shall be deemed to have forfeited all rights to all unused Coins / Ads associated with your User Account and shall have no further recourse to any of KTC, the Merchants or the Advertisers.
  1. DATA PROTECTION AND SECURITY
    1. Loss or Compromise
Any loss or compromise of your electronic device or your security details may result in unauthorized access to your account. You are reminded not store any password, seed phrases or other security details in any non-secure systems, such as third-party email services, which may be susceptible to security breaches and security incidents.
    1. Personal Data
You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to other individuals, in connection with these Terms, or the Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, which is available at [privacy policy], and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.
    1. Safety and Security of Your Computer and Devices
KTC is not liable for any damage or interruptions caused by any computer viruses, malware or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attacks. We advise that you use reputable virus screening and prevention software to protect your systems and/or devices.
  1. DISCLAIMERS, LIMITATION OF LIABILITY AND DISPUTE RESOLUTION
    1. Disclaimers
KTC, its parent, its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “KTC Parties“) do not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Materials and the KTC Parties disclaim liability for errors or omissions in the Materials. This App, Website and all of the Materials is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Materials. The KTC Parties do not warrant that the App/ Website is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to these Terms. KTC does not guarantee or confirm the accuracy of any specific results from use of the App/ Website and/or the Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the App/ Website are your sole responsibility.
    1. Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL KTC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES OR ANY OF THE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF KTC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW KTC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED SINGAPORE DOLLARS 1000.
    1. Indemnity
You agree to indemnify and hold KTC, its subsidiaries, affiliates and service providers, and each of their directors, officers, agents, contractors, partners and employees, (each an “Indemnified Party”) harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including solicitor fees (on a full indemnity basis), and any fines, fees or penalties imposed by any regulatory authority, arising out of or related to: (a) any dispute with another user of the Website or any third party ; (b) your breach of these Terms; (c) your violation of any law, rule or regulation, or the rights of any third party; (d) KTC’s enforcement of these Terms.
    1. Governing Law; Venue and Jurisdiction
By visiting or using the Website and/or the Services, you agree that the laws of Singapore, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. If you contract with any third party through KTC, the terms of such contract will be governed by the contractual terms prescribed by such third party.
    1. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION SECTION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH KTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes“) arising from or related to these Terms resolved in a court, and (ii) waive all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding individual arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court), and in no circumstances shall be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. Any Dispute arising out of or in connection with these Terms (including without limitation the enforceability of this section or any question regarding its existence, validity or termination) 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 Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The number of arbitrators shall be one. The arbitrator shall be appointed by the President of SIAC. The language to be used in the arbitral proceedings shall be English. Each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to KTC shall be sent by e-mail to KTC at [*@ktc.io]. Notice to you shall be either posted on the Website or, if available, will be sent by email to your email on record. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a full and sufficient description of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and KTC cannot agree on how to resolve the Dispute within thirty (30) days after the date the notice is received by the applicable party, then either you or KTC may, as appropriate and in accordance with this section, commence arbitration proceedings. The arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. If any term, clause or provision of this section is held invalid or unenforceable, it will be held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law. You agree that this section of these Terms has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters. A printed version of these Terms shall be admissible in judicial or administrative proceedings.
  1. GENERAL PROVISIONS
    1. Amendments
We may amend or modify these Terms by posting on the Website the revised Terms, and the revised Terms shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and Website. You agree that we shall not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein. If the revised Terms include a material change, we will endeavour to provide you advanced notice via the Website before the material change becomes effective. You understand and agree that your continued use of the Services after we have made any such changes constitutes your acceptance of the new Terms.
    1. Force Majeure
KTC shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
    1. Third Party Content / Websites
The App and/or Website contains (or you may be sent through the App, the Website or the Services) links to other websites (“Third Party Websites“), as well as location data, maps, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “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 Website or any Third Party Content posted on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of or linking to any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access Third Party Websites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
    1. Google Maps/ Google Earth
The App is integrated with and relies on the Google Maps/Google Earth service and you will be bound by the Google Maps/Google Earth Additional Terms of Service including the Google Privacy Policy.
    1. Assignment
These Terms, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction (without having to seek your prior consent). Any attempted transfer or assignment by you in violation hereof shall be null and void. These Terms shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.
    1. No-Waiver
The failure of KTC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
    1. Relationship of the parties
You agree and understand that nothing in these Terms shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from these Terms is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and these Terms and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.
    1. Notices, Copyright Complaints and Suggestions
      1. To give us notice under these Terms, the user must contact KTC by email at [*@ktc.io].
      1. If you believe that any material on the App/ Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to KTC at [[email protected]].
      1. We welcome questions, comments, suggestions, ideas, feedback or other information about the Website or the Services (“Suggestions“). You acknowledge and agree that Suggestions provided by you to KTC are non-confidential and shall become the sole property of KTC. KTC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
    1. Entire Agreement
These Terms and our Privacy Policy, incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and us as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of these Terms), as well as every nature between and among you and us.
    1. Severability
If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the rest of these Terms will remain in full force and effect.
    1. Survival
The following provisions of these Terms shall survive termination of your use or access to the App/ Website and/or Services: Clauses 3, 11, and 12, and any other provision that by its terms survives termination of your use or access to the App/ Website and/or Services.
    1. English language
Notwithstanding any other provision of these Terms, any translation of these Terms is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language. In the event of conflict or ambiguity between the English language version and translated versions of these terms, the English language version shall prevail. You acknowledge that you have read and understood the English language version of these Terms