TERMS & CONDITIONS

These Terms represent a legally binding and enforceable agreement between us and each of our clients and users of our Services (as defined hereunder) via our website (the “Website”), and sets out the rules for using our Services. 

Subject to these Terms, we licence you to use:

• the Website, the date transmitted to the Website, and any updates and supplements to it;
• the related online or electronic documentation (such as any technical specifications to the users of the Website)(the "Documentation")(id any); and
• the business administration support services that you can access via our Website including, but not limited to, the generation of letters by our cutting edge computer system and AI technologies, and sending of those letters to your intended recipient(s) (collectively, the "Services"),

as permitted under these Terms.

By using our Services, you confirm that you accept these Terms (in particular, [Your Obligations] and [Waiver and Release, Limitation of Liability, Indemnity]), and that you agree to comply with them. If you do not agree to these Terms, you must NOT use our Services.

1. As we may amend these Terms from time to time, before using our Services, please check these Terms to ensure that you understand the Terms that apply at that time.
2. You recognise and acknowledge that it is impractical and impossible for us to obtain the consent of all our clients before amending these Terms. Accordingly, we shall be entitled to unilaterally change these Terms (i.e., without obtaining your consent) to reflect changes in (i) law, (ii) best practice, or (iii) to deal with the new and/or additional features that we introduce to our Services.
3. We will use reasonable efforts to provide you with a notice of the amendments or changes to these Terms.
4. Any amendments or changes to these Terms will take immediate effect from the date of our notice of the change unless we specify otherwise in such notice.
5. If you do not accept the amendments or changes, you must cease your usage of our Services immediately.

WHILE WE MAY GENERATE AND SEND LETTERS OF DEMAND ON YOUR BEHALF TO YOUR INTENDED RECIPIENT AS PART OF OUR SERVICES, WE ARE NOT A DEBT COLLECTION AGENCY IN THE BUSINESS OF COLLECTING ANY DEBT OR ANY ANOTHER FORMS OF PAYMENT (WHETHER IN CASH OR IN SPECIE) FROM A DEBTOR:

• ON BEHALF OF YOU OR ANY OTHER PERSON; OR
• ON OUR OWN BEHALF BY ACQUIRING SUCH DEBTS FROM YOU OR ANY OTHER PERSON.

Our Services are made available to our clients, who are solely and personally responsible for any and all use of his account.

To register for an account to be our client and have access to our Services, our clients must:

• be of legal age (i.e., at least 18 years of age) and capable of forming a binding contract with us;
• not be an individual that lack capacity pursuant to Section 4 of the Mental Capacity Act 2008;
• not be individuals that are barred for any reason whatsoever, whether by us or not, from receiving the Services (for e.g., individuals that are listed on any sanctions list maintained by the Singapore government or United Nations, etc.);
• submit information on details regarding their identity, contact and profile that are truthful, accurate, up-to-date and not misleading in any respect (i.e., no impersonation of other individuals); and
• not and will not authorise any other third parties to use the Services with their account.

• the person that is registering an account on behalf of an entity must comply with the eligibility requirements above for individuals;
• be authorised by the relevant entity and capable of forming a binding contract with us on behalf of such entity;
• not be entities that are barred for any reason whatsoever, whether by us or not, from receiving the Services (for e.g., entities that are listed on any sanctions list maintained by the Singapore government or United Nations, etc.);
• submit information on details regarding the relevant entity that are truthful, accurate, up-to-date and not misleading in any respect (i.e., no impersonation of other entities); and
• not and will not authorise any other third parties to use the Services with its account.

We reserve the right to reject applications or registration for an account, or suspend or terminate your access to the Services, if, for instance, we have reason to suspect that the information that you had submitted to us is either illegal, inauthentic, inaccurate, outdated or misleading in any respect, or we have reason to suspect that there is any unauthorised use of your account or access to your password and other login credentials, which you are solely responsible for keeping confidential and secure.

Your account with us is exclusive and personal to you. Unless we give you our prior written consent, your account, including its benefits, are non-assignable and non-transferable, whether for money, for anything else or for free. Accordingly, you hereby agree that any access provided to you for access to our Website shall not be loaned, transferred or otherwise shared with any other individual (whether such individual is a client of ours or not).

Any breach of this provision shall result in the termination of your account with immediate effect in accordance with the [immediate termination] provision hereunder.

By accepting these Terms, you agree to pay all fees for our Services. If your account has been terminated because of your breach of these Terms, there will be no refund for any unused portion of any fees paid.

The fees payable to us for your use of our Services can be located in the fees and pricing webpage on our Website .

We also provide special rates for bulk orders. Please reach out to our team via email at [email protected] for further details regarding them.

You acknowledge and agree that we have the sole and absolute discretion to determine the billing and payment method(s) from time to time.

As at the date hereof, payments made in the course of your use of our Services may be made by using Airwallex, a third-party payment gateway and processing company. In using our Services and making payments to us via Airwallex, you warrant that you have read, understood and agree to be bound by Airwallex’s terms and conditions, and its privacy policies, which are available on Airwallex’s website .

All subscriptions (if any) shall be paid for in advance and in full, and shall be automatically renewed upon the expiry of their respective commitment periods unless otherwise terminated within 5 working days before that date on which the commitment periods expire. If you terminate our Services before the expiry of such commitment periods, there will be no refunds for any unused portion of any fees paid.

It is your full responsibility to maintain the accuracy of your bank account details, and to ensure that there are sufficient funds in your nominated account or your debit/credit card is valid with a sufficient credit limit when any fees to us are due. If any debit/credit charge is unsuccessful, you shall be responsible for any and all administrative fees and/or collection fees that may be imposed at our sole and absolute discretion.

If you do not make any payment for any of our fees when it is due, we reserve the right to suspend our Services until all outstanding amounts are fully paid.

If you anticipate that you are unable to make any payment for any of our fees, please let us know as early as you can. Any grant of extension of time is subject to our sole and absolute discretion.

We reserve the right to review, vary and/or amend the prices and categories of subscriptions, packages, and administrative fees from time to time, at our sole and absolute discretion.

We, in our sole and absolute discretion, are entitled to impose additional fees and/or costs if you violate any of these Terms or any other general terms and conditions, policies or guidelines that we impose from time to time.

Any late payment of our fees will be subject to an interest rate of 5.33% per annum and will accrue on a daily basis until full payment is received by us.

For purposes of this provision:

• “Intellectual Property Rights” or “IPR” mean all intellectual property rights, whether registered or not, including pending applications for registration of such rights and the right to apply for such registration or extension of such rights including patents, petty patents, utility models, design patents, designs, copyright (including Moral Rights and neighbouring rights), database rights, rights in integrated circuits and other sui generis rights, trade marks, mask work rights, trading names, company names, business names, service marks, logos, the get-up of products and packaging, geographical indications and appellations and other signs user in trade, internet domain names, social media user names, rights in know-how and any rights of the same or similar effect or nature anywhere in the world; and
• “Moral Rights” mean the non-economic rights of the author or creator of a work protected under the Copyright Act 2021, or any other applicable laws and regulations of any jurisdiction of the world, and it includes but is not limited to the right of attribution enabling such author or creator to be identified as the author or creator of the work, the right of integrity, which protects such work from any alteration, modification, distortion or other treatment in respect of such work, or any other similar rights anywhere in the world.

We are and remain the sole owner of all Intellectual Property Rights associated with the Website, the Services, the documents that we generate in the course of your use of our Services, and our social media accounts, which are protected by copyright and intellectual property laws and treaties around the world. Our status (and that of any identified contributor (if any)) as the authors of content on our Website or our social media accounts must always be acknowledged. No rights or licences to the foregoing are granted except as expressly set out in these Terms. All of our Intellectual Property Rights are expressly reserved.

Without prejudice to our rights, you may print off one copy, and may download extracts of any page(s) from our Website or social media accounts, or the documents that we generate in the course of your use of our Services, for your personal use, and you may draw the attention of others within your organisation or otherwise to content posted on our Website or social media accounts, or the documents that we generate in the course of your use of our Services. However, in doing so, you acknowledge and agree to ensure that these individuals that you disclosed such extract(s) to observes the confidentiality obligations under our privacy policy.

In connection with the foregoing, you must not modify or alter the paper or digital copies of any materials that you have printed off, downloaded or accessed in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content of our Website or social media accounts, or the documents that we generate in the course of your use of our Services, for commercial purposes without obtaining a licence to do so from us or our licensors (as the case may be).

Without prejudice to our rights, if you print off, copy, download, share or repost any part of our Website or social media accounts, or the documents that we generate in the course of your use of our Services, in breach of these Terms, your right to use our Website or social media accounts, or access our Services must cease immediately, and you must, at our option, return or destroy any copies of the material you have made.

YOU MUST READ AND UNDERSTAND THIS PROVISION BEFORE USING OUR SERVICES. ANY BREACH OF THIS PROVISION MAY RESULT IN OUR IMMEDIATE TERMINATION OF YOUR ACCOUNT AND ACCESS TO OUR SERVICES IN ACCORDANCE WITH THE [IMMEDIATE TERMINATION] PROVISION HERETO.

1. use our Services only for the purposes that are permitted in these Terms and any applicable law, regulation or generally accepted practices or guidelines (including any of our guidelines (if any));
2. use our Services in connection with a personal purpose and not with any other commercial purpose (e.g., passing off our Services as yours for sale to your clients) except with our prior written consent;
3. have the sole responsibility of protecting the confidentiality of your password and/or email, for which we use to identify you or the entity that you represent as our client. Any use of your account information by any other individual or third party is strictly prohibited. You agree to immediately notify us of any unauthorised use of your account information or any breach of security of which you have become aware of or should have reasonably been aware of. Use of your account information by any other individual or third party may result in the immediate termination of your membership;
4. abide by the reasonable instructions given by our representatives or personnel;
5. treat our directors, consultants, officers, agents, employees, representatives, contractors, vendors and professional advisors professionally and respectfully;
6. maintain a valid email address so that we may contact you regarding your account, and in the event of any changes to your email address, you shall promptly notify us of the same;
7. pay us all our fees (including but not limited to any additional charges if so imposed pursuant to these Terms) on time whenever such fees are due;
8. promptly provide us with all relevant information and documents on our request which may have a bearing on the Services that you are procuring from us;
9. provide us with all instructions, information and documents as may be reasonably required for us to perform our Services; and
10. act in a manner that is consistent with these Terms.

At all times, you shall:

1. use our Services in any way that could damage, disable, overburden, impair or compromise our operations or interfere with another individual’s rights, use or enjoyment of our Services;
2. provide or otherwise make available our Services in any form, in whole or in part, to any person without prior written consent from us;
3. copy or store the Documentation (as defined above), except as part of the normal use of our Services or where it is necessary for your own personal record keeping purposes. To avoid doubt, you may not use or exploit such Documentation for any other purpose (e.g., any commercial purpose) other than for your personal use;
4. use our Services for any illegal and/or unauthorised purpose;
5. use our Services in any way that breaches any applicable local, national or international law or regulation;
6. create a link to this Website from another website or document with our prior written consent;
7. provide us with any false, incomplete, outdated or misleading information, or any falsified or forged documents that are required for us to provide you with our Services;
8. conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website. This includes using (or permitting, authorising or attempting the use of): (i) any ‘robot’, ‘bot’, ‘spider’, ‘scraper’ or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Website or any data, content, information or Services accessed via the same, and/or (ii) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlation;
9. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website and the applications software and AI systems that we use in providing the Services, nor attempt to do any such things;
10. use any conduct or behaviour, or series of similar or different conduct or behaviour, causing our directors, consultants, officers, agents, employees, representatives, contractors, vendors and professional advisors harassment, alarm or distress by using any threatening, abusive or insulting words, image (moving or otherwise), message, expression, symbol or other representation that can be seen, heard or otherwise perceived by any person, or any combination of these; and
11. act in a manner that is inconsistent with these Terms.

You may terminate your account by following the instructions provided by us on our Website, or by our representatives or personnel. You agree to comply with any of our reasonable requests to complete any forms to confirm your termination.

We reserve the right to immediately restrict, suspend or terminate your account upon verbal or written notice to you in the following circumstances:

• you have, as determined by us at our sole and absolute discretion, have been found to have breached any provision of these Terms (including, but not limited to, [Non-Transferable] and [Your Obligations]) or any other general terms and conditions imposed by us from time to time; or
• you have failed to make payment of any fees payable to us under these Terms.

If your account is terminated in accordance with the above:

• such termination shall be effective from the date that notice of the same is provided to you (if any);
• you shall remain liable for any and all financial obligations incurred prior to such termination; and
• any and all privileges accorded to you in connection with your account shall be forfeited with immediate effect without any refund whatsoever.

Further, we shall not be liable to you for any liabilities that you may incur as a result of such termination.

Upon termination of your account (whether immediate or not), you shall no longer be permitted to access any of our Services. Any monies outstanding shall remain immediately due and payable. You hereby authorise us to deduct any amounts outstanding from any refund (if any) which may otherwise be payable to you. If there is a shortfall, you shall pay the balance of the amounts outstanding immediately.

The termination or expiration of these Terms is without prejudice to the rights of each party against the other in respect of anything done or omitted under these Terms prior to such termination or expiration. All provisions that by their nature should survive termination shall survive termination, without limitation, confidentiality provisions, warranty disclaimers, limitations of liability and intellectual property provisions.

By consenting to these Terms, you confirm that the electronic device (e.g., desktop computer, smartphone, laptop computer, etc.) that you use to access your account and view electronic documents (“Access Device”) meets the minimum specifications and requirements necessary to view and retain your electronic documents.

To access your electronic documents on a mobile device, you will need:

• a mobile device (e.g., smartphone) with any of the following operating systems: Android or iOS (iPhone);
• a data plan provided by your wireless carrier and an up-to-date mobile internet browser that is compatible with, and supported by, your operating system (e.g., Google Chrome or Safari);
• if you wish to view pdf files on your mobile device, you will need software that accurately reads and displays pdf files (such as the mobile version of Adobe Reader or Microsoft 365); and
• if you wish to print or retain any electronic documents: a printer and/or storage device that is compatible with the mobile device that you are printing or retaining such electronic documents from.

To access your electronic documents on a desktop or laptop computer, you will need:

• a computer with any of the following operating systems: Windows XP or higher, OS X (Apple Macintosh) or higher;
• an internet connection and an up-to-date internet browser that is compatible with, supported by, your operating system (e.g., Microsoft Edge, Firefox, Google Chrome, Safari);
• if you wish to print or retain any electronic documents: a printer and/or storage device that is compatible with the desktop computer that you are printing or retaining such electronic documents from.

We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic documents. Continuing to use our Services via our Website after receiving notice of the change is the reaffirmation of your agreement to comply with these Terms.

Your acceptance of these Terms on one Access Device constitutes your acceptance on all Access Devices you use. For example, if you view and accept these Terms on a mobile device, these Terms will apply to electronic documents accessed on a desktop computer (or vice versa).

Additionally, by viewing and accepting these Terms on any Access Device, you demonstrate your ability to access and view electronic documents in the format that the Services are provided on that Access Device and all subsequent Access Devices. If you change Access Devices (or use multiple Access Devices), it is your responsibility to ensure that the new Access Device meets the applicable system requirements and that you are still able to access and view electronic documents on the subsequent Access Device. Continuing your use of our Services on other Access Devices is your reaffirmation of your agreement to comply with these Terms.

For the purposes of this provision:

• “Indemnified Persons” mean us (i.e., Demand Pte Ltd), our directors, consultants, officers, agents, employees, representatives, contractors, vendors and professional advisors; and
• “Loss” and “Losses” mean losses, damages, expenses (including legal fees and expenses), claims, demands, proceedings or liabilities.

In consideration of our grant of our licence to you for your use of our Services, to the maximum extent permissible under applicable laws and regulations, you hereby unconditionally and irrevocably waive, release and forever discharge the Indemnified Persons from any and all Losses to your person or property resulting from your use of our Services in breach of any of these Terms, including but not limited to [Your Obligations], or your negligence in providing inaccurate or outdated information that are requested from us for the purpose of providing our Services.

You hereby acknowledge, understand and agree that:

No indirect or consequential loss
1. Your use of our Services is at your sole risk and responsibility. To the maximum extent permitted by law, in no event shall we be liable to you in contract, tort (including negligence), in equity, under statute or otherwise for any Loss of any nature howsoever incurred or suffered by you of an indirect or consequential nature, including loss of turnover, profits, business or goodwill, which may arise out of or in connection with your use of our Services, or our performance or non-performance in connection with your use of our Services (whether or not such Services were rendered with due care and skill or not, and whether they were reasonably fit for their purpose);
Services provided on an “as is” and “as available” basis
2. Our Services are provided to you on an “as is” and “as available” basis, without any representations or warranties, express or implied, including without limitation, implied warranties of fitness for any particular purpose. Further, you acknowledge and agree that the availability of our Services may be adjusted on a temporary basis, including for the purposes of maintenance, improvement, repairs, upgrades, special functions and holidays. Accordingly, we do not guarantee that our Services will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of our Services for business and/or operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal. The availability of our Services may be adjusted on a temporary basis, including for purposes of maintenance, improvement, repairs, upgrades, special functions and holidays;
No express or implied representations
3. None of the Indemnified Persons have made any representations, warranties, covenants, agreements or guarantees of any kind or character, whether express or implied, oral or written, concerning (i) the value, nature and quality of our Services, (ii) the suitability of our Services, or (iii) any other matter regarding our Services. The entire risk as to quality and your use of our Services remain with you. If our Services prove defective after your use, you shall assume the entire risk and Loss of such defect;
Inherent risk with respect to electronic transmissions
4. We rely heavily on electronic transmissions such as email to communicate with you (including our communications to you of important notices and documents). Accordingly, there are inherent risks in any form of electronic communications (such as email), such that it is impossible to guarantee the security and absolute confidentiality of such communications. Further, once electronic communications (such as email) are transmitted, they can only be retrieved under exceptionally narrow circumstances. Therefore, you accept the risk of disclosure or interception of such communications due to the nature of the medium based on the factors that are beyond our reasonable control. Additionally, you accept the risk and Losses of late, incomplete or inaccurate transmissions, non-transmissions, and transmissions that may be corrupted, or which may have incorporated malicious security elements (e.g., viruses and Trojan horses);
Our reliance on applications software and AI
5. We rely largely on various applications software and AI to provide our Services to you. Accordingly, there are inherent risks associated in any use of applications software and AI, such that it is impossible to guarantee that such applications software and AI will not make any errors based on the factors that are beyond our reasonable control. Therefore, you accept the risks and Losses of the errors in or made by these applications software and AI;
Our reliance on information and documents provided to us
6. We rely on the information and documents that you provide us with so that we are able to make available our Services to you, and we are not obliged to verify or investigate the authenticity and accuracy of such information. The responsibility to ensure that the information and documents are true, accurate, up-to-date and not misleading in any respect rests completely with you. Accordingly, you accept all risks and Losses that arise out of or in connection with our reliance of the information and documents that you provide us with. To clarify, if you provide to us incorrect information about the contact details of the intended recipient of the letters generated pursuant to our Services or you have input an amount owed to you in our forms required for the provision of our Services that you had miscalculated, we shall not be liable to any risk and Losses that arise out of or in connection with such errors;
Content on Website for general information purposes only
7. The content published on our Website or our social media account, and all our communications to you are provided to you for general information only. It is not intended to amount to advice which you should rely on. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of such content. Accordingly, you accept all risks and Losses that arise out of or in connection with your reliance of such content;
Third-party links on our Website
8. Our Website may contain links or URLs to other websites that are operated by third parties. The terms and conditions, privacy policies and other policies relating to these third parties’ websites are not within our control, and we only provide such links or URLs for convenience only. The responsibility of reading and understanding the terms and conditions, privacy policies and other policies relating to their websites rest completely with you. Accordingly, you accept all risks and Losses that arise out of or in connection with your access and use of these websites;
Other factors beyond our control
9. The outcome of your use of our Services may be influenced by several factors that are beyond our control. Accordingly, we shall not be liable for any and all Losses, present or future, known or unknown, foreseeable or unforeseeable, valid or invalid, direct or consequential, caused by such factors for which we have no control over. For instance:
1. We have no control over the behaviour or conduct of the intended recipient(s) of the letters that were generated from your use of our Services, and your action or omission in response thereto. For example, if the intended recipient(s) do not respond (as the intended recipient(s) are not legally obliged to respond) or provides you with a response that you are not satisfied with, we shall not be liable for any and all Losses, present or future, known or unknown, foreseeable or unforeseeable, valid or invalid, direct or consequential, caused by the behaviour or conduct of the intended recipient(s), and your action or omission in response thereto. In cases whereby the intended recipient(s) do not respond or provide you with a response that you are not satisfied with, we encourage you to engage qualified lawyers to advise you on the next steps;
2. We have no control over your behaviour or conduct in the course of your dealings with the intended recipient(s) of the letters that were generated from your use of our Services. For example, if after using our Services to send letters on your behalf to the intended recipient(s), you deal with the intended recipient(s) directly by writing to them or calling them separately (e.g., you call the intended recipient(s) directly and threaten, blackmail or do any unlawful act), we shall not be liable for any and all Losses, present or future, known or unknown, foreseeable or unforeseeable, valid or invalid, direct or consequential, caused by your behaviour or conduct.

Your sole remedy for dissatisfaction with our Services is to cease usage of our Services.

Without limiting the generality of the foregoing, our maximum aggregate liability to you for Losses or damages that you suffer in connection with our Services is limited to the amount received by us from you in the 12 months prior to the act giving rise to liability.

You hereby give this waiver of liability and indemnity to us and for our benefit. In consideration of the acceptance of your payment for, and agreement to permit you to use our Services, you (except to the extent that the same may be precluded by applicable laws and regulations) hereby fully and forever release, discharge, hold harmless and agree to indemnify the Indemnified Persons from and against any and all Losses, present or future, known or unknown, foreseeable or unforeseeable, valid or invalid, direct or consequential, which are caused by or result, directly or indirectly, from your use of our Services in breach of any of these Terms, including but not limited to [Your Obligations].

To the fullest extent permitted by the applicable laws, such waiver, release and indemnification applies to any and all Losses incurred during, in connection with, arising from, resulting from, connected to, or otherwise caused by, any use of our Services and the conduct and management thereof by us or the Indemnified Persons, whether such Losses result from our negligence, or any other cause.

You hereby release and discharge the Indemnified Persons from any and all Losses, present or future, known or unknown, foreseeable or unforeseeable, valid or invalid, direct or consequential, caused or alleged to be caused in whole or in part by the negligence of third parties for any reason.

You further covenant not to sue the Indemnified Persons for any and all Losses, present or future, known or unknown, foreseeable or unforeseeable, valid or invalid, direct or consequential, caused or alleged to be caused in whole or in part by the negligence of third parties for any reason.

Without prejudice to other provisions of these Terms, you acknowledge and agree that, in the event of any breach of these Terms (especially in respect of provisions which by their nature should survive termination), legal remedies may be inadequate for us, who therefore shall be entitled to apply for appropriate equitable remedies, in addition to any other remedies which we may have at law.

We may use third parties to assist us in our operations, and such third parties may have access to your personal data to perform their function. Our Website may also contain links to websites operated by third parties. Such links are provided for convenience only and we disclaim all liability in connection with your use of any third-party platforms or any content posted or published on the third-party platforms.

These terms are intended to be broad and inclusive as permitted by the laws of Singapore and if any portion of these Terms is held invalid, the remainder of these Terms shall remain in full force and effect.

These Terms shall not give rise to any rights under the Contract (Rights of Third Parties) Act 2001 to enforce any provision of these Terms.

Our delay in enforcing any provision hereunder shall not be construed as a waiver of our right to do so. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking any steps against you in respect of your breach of any of these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking any steps against you at a later date.

These Terms shall be governed by the laws of Singapore.

1. If a dispute arises out of or relates to these Terms, except where urgent interlocutory relief is sought, either party may not commence any proceedings of any nature anywhere in the world in relation to the dispute, unless the following provisions hereunder are complied with.
2. A party to these Terms claiming a dispute (the “Dispute”) has arisen under these Terms must give written notice (the “Notice of Dispute”) to the other party detailing the nature of the Dispute, the desired outcome and action required to settle the Dispute.
3. On receipt of the Notice of Dispute, the parties must:
   • within 30 days of the Notice of Dispute endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which the parties may mutually agree; and
   • if the Dispute is not resolved within 30 days of the Notice of Dispute, the parties must submit the Dispute for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s mediation procedure in force on the date the mediation is commenced before any party may have any recourse to litigation in the Singapore courts. Any party may submit a mediation request to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Each party to the mediation must be represented by a person with authority to negotiate and settle the Dispute. SMC will appoint one mediator, the mediation will take place in Singapore in the English language, and any settlement agreement reached will bind the parties. The cost of the mediator will be borne equally by the parties.