Paktor Malaysia Ltd. (“Datesmith”, “we”, or “us”) is the associated offline dating platform of our online Paktor mobile application (“Paktor App”), but we are an independent company with our own database and clientele. Our business aims to offer greater opportunities for singles to meet through organizing social events, as well as personalized dating services for those who prefer one-to-one dating.

Datesmith operates a website www.mydatesmith.com (“Website”) and provides the offline dating related services as set out in Section 1 below. By accessing or using our Website, or using or signing up for any of Datesmith’s services in any way, you accept these Website Terms of Use , our Privacy and Data Protection Policy , Terms of Service Agreement as well as any other terms of service (including rules and guidelines) that may be implemented from time to time in conjunction with certain services or activities of Datesmith (collectively, the ” Agreement “). We also reserve the right to amend any provision of the Agreement (including this Terms of Use) at any time in our sole discretion without any prior notice to you, and you agree that it is your responsibility to check for the updated terms of the Agreement on our Website regularly or request a copy from our data officer at contactus@datesmith.com. By your continued use of our Website or any of our services, you will be deemed to have accepted all amendments to the Agreement as may be implemented by Datesmith from time to time. If you do not wish to be bound by the Agreement, do not use the Website or any of Datesmith’s services.

1. TYPE OF SERVICES PROVIDED

• 1.1  Datesmith provides an offline dating platform that complements our related company Paktor Pte. Ltd.’s online mobile dating application (“Paktor App”), but Datesmith is also an independent company with its own database and clientele. Our business aims to offer greater opportunities for singles to meet through organizing social events, as well as personalized dating services for those who prefer one-to-one dating.
• 1.2  Our business division known as “Datesmith Events” organizes events of different themes and activities (e.g. sit down dinner, prawning, karaoke, etc) to cater to singles with different interests. We are also in partnership with an image consulting company to offer image and dating courses for our Datesmith members.
• 1.3  Our service known as “Datesmith Match-up” conducts personalised matching services based on the process of:-

• Collecting an online profile of all interested users;
• Verification of profile via a face-to-face meet-up with our Relationship Managers;
• Searching all suitable profiles for our clients;
• Matching our verified members;
• Coordinating the details of the date (including reservation of restaurant/café, time and date);
• Preparing our paid members or customers for the date;
• Obtaining feedback on the date; and
• Following up with our members/clients to ensure better matching and date experience in the future.

• 1.4 You understand and agree that:

(a) Datesmith makes no warranty that the Match-up service will fully meet your requirements and/or expectations and/or lead to a successful match and resulting relationship/marriage.

(b) No advice or information, whether oral or written, obtained by you from Datesmith at any point during the Match-up service, shall create any warranty not stated in the Terms of Service Agreement or other relevant terms and conditions.

(c) Where other members or users misuse Datesmith’s Match-up service to provide, disseminate, communicate or transmit content and materials that you may not wish to be exposed to, Datesmith does not and cannot accept responsibility or liability for such acts of others in violation of the Agreement.

(d) Datesmith specifically disclaims all liability, regardless of the form of action, for the acts or omission of other members and/or users with your confidential personal information (including unauthorized users and/or third parties of the Match-up service).

2. Legal Capacity & Access

• 2.1 By accessing our Website, continuing to access our Website, utilizing any of our services, subscribing to any of our events, memberships or packages, purchasing any of our products, enrolment or participation in any of our workshops or other activities, you expressly represent, declare and warrant that you are:-

1. a)  Of a minimum legal age of 21 years old;
2. b)  Legally capable of entering into and being bound by contracts, including but not limited to the Agreement;
3. c)  Single i.e. unmarried, widowed or divorced (those who are separated will not be eligible to utilize any of Datesmith’s services until the final court order or its equivalent has been granted for the dissolution of the marriage);
4. d)  Mentally sound and emotionally well;
5. e)  Not convicted of any crimes in Malaysia, Singapore and/or any other countries (except for minor traffic offences for which only a fine was imposed);
6. f)  Not a bankrupt;
7. g)  Using your membership for the Match-up service only for your own personal use. Your membership is not transferable to others, unless explicitly permitted by Datesmith in writing on a case-by-case basis;
8. h)  Providing and keeping Datesmith updated with accurate information as requested by Datesmith and relevant to your utilization of Datesmith’s services. Accordingly, you shall inform Datesmith of any updates and/or changes to your personal particulars when such information is out-dated;
9. i)  Furnishing, be it written or verbally, true and accurate information. If any information provided by you is found to be misleading, false or inaccurate, Datesmith has the right to terminate your membership, packages or services purchased with immediate effect, all your fees paid in advance will be forfeited, and all fees that would have been payable had your membership or package or services purchased not been prematurely terminated will become immediately due and payable.

• 2.2  Supporting documents may be requested from you, where necessary, before your membership, package or services purchased can be activated.
• 2.3  Datesmith reserves the right to conduct background or marital status checks on you, whenever necessary, at any time and from time to time while you are still a member or customer of Datesmith.
• 2.4  All information relating to other Datesmith members, event participants and potential matches are provided by Datesmith as pass through information received from such individuals. Accordingly, Datesmith does not guarantee the accuracy or updatedness of any such information and will not be held responsible or liable for any inaccuracies.
• 2.5  In the event that you are accessing our Website on behalf of any incorporation, partnership, association, organization or any other entity type (“Entity”), your continued access of our Website shall constitute your representation to us that you have been duly authorized by such Entity to use our Website and our services, perform any transactions or activities thereon, and to therefore bind your Entity to the Agreement and to any such transactions or activities that you have performed. Accordingly, when the term “you” is used herein this our Terms of Use, “you” shall refer not only to you the actual user as an individual, but also the Entity that you are representing, and therefore both you and the Entity are jointly and severally bound under the Agreement. Accordingly, you also hereby undertake that the Entity which you represent is capable of and agreeable to being bound by the Agreement, and that any communications which you send to us shall also bind the Entity that you represent (including but not limited to communications regarding private coaching courses or social events for your Entity).
• 2.6  Should you upload, post, publish, or transmit any information on or via our Website, or you communicate with any other users of our Website or our other services or events, you agree to be fully responsible for all such posts and communications. Accordingly, you undertake to only use the Website, our other services and activities in a legal and considerate manner, not to misuse or abuse the Website, our other activities, or its other users or participants, including but not limited to not causing any defamation, harassment, sedition, collecting data of other users or participants for your own purposes, and introducing virus, trojans or hacks. In the event that you misuse or abuse the Website or any of our other services, activities, or customers/members, we shall be fully entitled to suspend or ban your access to our Website, our services and other activities, and/or remove your information (if any) from our Website or terminate your membership or package without any prior notice or liability to you. Nonetheless, you agree that we shall not be howsoever liable for any posts or communications by third parties (including other Website users and our members/customers) that offend you, although we will sincerely look into any complaints in relation to such posts or communications that you communicate to us in writing.
• 2.7  Without limiting the generality of Clause 2.6 above, to respect the privacy of others, you undertake not to contact directly or indirectly any other users of our website, our other members, or participants of our other activities such as social events, coaching courses, workshops or seminars unless you have the prior consent of such other members, users or participants (as may be applicable) or the specific prior written consent of our Company.

3. Code of Conduct

• 3.1  You agree to behave respectfully to other members, users, participants and customers of the Website, Datesmith’s services and activities, as well as the employees of Datesmith, such respectful behaviour to be in no event any less than the standards as set out in this Section 3 on “Code of Conduct”. In the event you infringe this Code of Conduct (including but not limited to usage of vulgarities, harassment, defamation, or other undesirable behaviour), your membership, participation in activities or other services subscribed with/purchased from Datesmith will be suspended or terminated with immediate effect without notice from or liability on Datesmith. Datesmith also reserves full rights to take legal actions against the offender.
• 3.2  You shall be responsible for any information you voluntarily disclose to other users of our Website, participants of our activities, members or customers of Datesmith. You agree not to hold Datesmith howsoever liable for any harm, mishaps, damages or loss as a result of your own disclosure of your information.
• 3.3  You are to use the Website, services and activities provided by Datesmith in a manner consistent with any and all applicable laws and regulations.
• 3.4  You are to assume your true legal identity at all times and not impersonate any person or entity.
• 3.5  Additional rules of conduct may apply to certain activities and services of Datesmith and/or introduced or amended from time to time, including but not limited to a code of conduct as stipulated in our Terms of Service Agreement , and you agree to abide by all such additional and/or amended rules of conduct.

4. Confidentiality

• 4.1 Datesmith is committed to protect your privacy and ensure the confidentiality of all your personal information. Only employees authorized by the management of Datesmith will have the authority to access members’ and customers’ database. Datesmith will also make sure that such employees are bound by written obligations of confidentiality to protect the privacy of all our members and customers. Please see our Privacy and Data Protection Policy for more details on how we protect your personal data.

5. Updates & Modifications

• 5.1 You agree that it is your responsibility to regularly check our Terms of Use and our other service terms of the Agreement available at www.mydatesmith.com to keep yourself updated of any changes or modifications.
• 5.2  You agree that the Agreement (including our this Terms of Use) may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued access to our Website, your continued utilization of our services, participation in our activities such as social events and/or coaching workshops, following any such changes constitutes your agreement to be fully bound by our amended Agreement (including this Terms of Use) which is accessible at all times, and should be reviewed by you regularly, at www.mydatesmith.com . The date that appears at the start or end of each relevant terms and conditions constitutes the latest version of such terms and conditions that is in force and binding on you as part of the Agreement.
• 5.3  You agree that we are entitled to howsoever modify, vary, expand, suspend, terminate, cancel or discontinue any service, activity, membership feature, coaching course, workshops, seminars, events, services or products or accessibility to any feature or part of our Website at any time in our sole discretion without any prior notice or liability to you, even if you are a registered member or participant of any of our activities, events, coaching course, workshop or seminar.

6. Our Site Content

• 6.1  No information, write-ups, photographs, pictures, charts, articles, activity schedules, workshop information, details of our trainers, consultants, members, customers and event participants, testimonials, advertisements, media files and other content on our Website and in your account as maintained with us (collectively, “Site Content” ), or our newsletters, EDMs, marketing materials, promotional updates, mobile application updates, support patches, messages (via any channels), or other emails (collectively, “Updates”) which you may have viewed, subscribed to or downloaded via our Website, constitutes advice of any kind, including but not limited to health advice, emotional well-being advice, nutritional advice, weight-management advice, skincare advice, counselling, medical advice, financial advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law. “Site Content” and “Updates” collectively shall be referred to as “ Content” .
• 6.2  The content on our Website and Updates are meant to provide information regarding our Company, our employees, our coaching or workshop trainers, our courses, our activities, our services, and our products. The aforesaid information constitutes general knowledge only, and is not meant for specific reliance for any particular or out-of-the-ordinary purpose by any Entity or individual, and therefore in the event that you wish to obtain more information, please email us at contactus@mydatesmith.com. You are therefore strongly advised to procure your own checks and advice before you decide to subscribe to our membership or purchase any of our services or enroll for any courses, events, workshops or other activities as we do not provide any guarantees of any kind, including but not limited to finding a dating partner or entering into a committed relationship (as the development all relationships will also be dependent on your own efforts).
• 6.3  Our Content may contain information on third party products and services (whether or not in collaboration with or provided by our Company). However, this does not imply any association with or endorsement of such third parties. The content of such third party services and products as stated on our Website and in our Updates are based on information made publicly available or by such third parties to us, and we therefore make no representations or warranties on the accuracy, usefulness, quality, or updatedness of such third-party service/product related information. You are encouraged to conduct your own checks on any such third party products or services that you see on our Website and/or our Updates prior to subscribing to, registering an account for, enrolling, or purchasing any such third party products/services, whether from third party sites or via our Website.

• 6.4  Reviews of our services, membership, packages, products, Content, events, courses, workshops, trainers, consultants, our Website, and other matters related to our Company provided by individuals or third party companies as reflected in our Content are the personal views of such individuals or third party companies, and does not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the quality, efficacy or achievement of results of the reviewed services, products or other subject-matter.
• 6.5  We may make available limited trial workshops, activities, or other services via our Website and/or our Updates. You agree that when you contact us for any such free trial workshops activities or other services, it is not guaranteed that such free trial workshops or services or certain promotions thereto will definitely be made available to you, or the trial period may be different from what may have been published on our Website, our Updates or on other third party channels.
• 6.6  Promotions and discounts as featured on our Website and/or our Updates are for limited time-periods only and subject to specific terms and conditions indicated as may be applicable in order to enjoy such promotions and/or discounts. Once a promotional period expires, you are no longer eligible to participate in such promotions and our Company is not howsoever obligated to provide any such previously offered privileges or discounts to you even if you have contacted our Company with queries during the promotional period.

7. Intellectual Property

• 7.1 All Content, including but not limited to, write-ups, profiles, summaries, extracts, derivations, articles, translations, quotations, diagrams, graphs, charts, layout, photographs, drawings, advertisements, media files, and other data, as displayed on our Website, in our Content and in our Updates, are protected by copyright, design rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), whether registered or otherwise. You agree therefore that without our Company’s prior written consent (or as may be specifically stated on our Website in relation to any particular portion of our Content), you are not permitted to reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of our Content found on our Website, or in our Updates. Accordingly, you are also prohibited from framing or displaying any part of our Website in frames or other similar means on another website without our prior written consent. We reserve our rights to take legal action against you for any such unauthorised use of our Content.
• 7.2  For clarification, and without prejudice to Clause 7.1 above, all Content are strictly protected by copyright laws. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of our Content except to view (on your computer, mobile phone, tablet and other personal devices or Entity’s devices that are under and securely in your control) as may be permitted herein and/or by the provisions in our other services terms of the Agreement. In the event that any provisions of the Agreement permit you to download, store, retain or copy any part of our Content or any mobile application or other software or feature (individually and collective “ Downloads ”) available on our Website, you agree that such consent shall not constitute the transfer or assignment of any rights or ownership in such Downloads to you, and you are merely granted a non-exclusive, non-sublicensable, non-transferable and revocable (at any time by our Company) licence to use the Downloads pursuant to the purpose for which our Company granted its consent.
• 7.3  All company names and individual names (including our Company’s name, our consultants’ names, our trainers’ names, our matchmakers’ names, and the company names of the any third parties featured on our Site), logos, trade marks, service marks, brands, whether registered or otherwise (collectively the ” Branding “) represented on our Website, and in our Updates belong to (as may be applicable) our Company, our employees, contractors, agents, licensees, licensors, or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Website, in our Content and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.

8. Third Party Sites and Browsing Experience

• 8.1  Please note that we do not control any links, services, content, products or resources provided by other third parties referenced or linked to our Website, or in our Updates, even if such third party’s website may be co-branded with ours by bearing our Company logo or name. We seek your further understanding that we are unable to control or influence any third parties’ actions even if their websites are hyperlinked on our Website, or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly.
• 8.2  You agree that our Company may employ cookies, action tags, dynamic device identifiers, or other legal technological means to record your anonymised accessing of our Website for the purpose of providing better services and enhancing your browsing experience. Further details of such technological means are as set out in our Privacy and Data Protection Policy .

9. Minors

• 9.1 Our services, memberships, activities, workshops, events, courses and products are targeted for adults and business entities. Our Website, our services, our events, our activities, our courses, our workshops, our Content and our Updates are therefore not meant for persons who are below 21 years of age. However, it is not possible for our Company to determine whether any user of our Website or services is a minor. If you are a minor, please discontinue the use of our Website and all services immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Website or services.

10. Feedback

• 10.1  In the event that you provide us with any feedback and comments, whether via email to our Company or any postings, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you (“ Feedback ”) shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign (without the requirement for any remuneration) all ownership (including but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.
• 10.2  Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Website, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees on a solicitor-client basis, settlement amounts, fines, penalties, and law enforcement actions. Accordingly, and without prejudice to the aforegoing, you also hereby undertake to fully indemnify, defend and hold harmless our Company, our employees, agents, officers, shareholders, and directors from claims, demands, direct damages, indirect damages, consequential damages, loss of opportunities, loss of reputation, legal costs (on a client-solicitor basis) and other losses of any kind that may arise in relation to any dispute that you may howsoever have with another user of our Website.

11. Disclaimers and Limitation of Liability

• 11.1  While we have exercised due care in the preparation of all Content displayed and/or made available on our Website, and in our Updates, such content, data, information, Content and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”. Information pertaining to our consultants, trainers, third party organized events, third party hosted activities, members/customers/users (as consented to by them), or third party services/product providers are provided by (as may be applicable) the consultants, trainers, third party course organisers, members/customers/users (as consented to by them) or third party service/product providers themselves.
• 11.2  YOUR USE OF, PARTICIPATION IN, AND ACCESS TO, OUR WEBSITE, OUR SERVICES, OUR WORKSHOPS, DATES CO-ORDINATED BY US, OUR COACHING COURSES, OUR ACTIVITIES, OUR PRODUCTS, AND OUR UPDATES, AS WELL AS YOUR VIEWING AND/OR DOWNLOADING OF CONTENT, IS AT YOUR OWN DISCRETION AND RISK. YOU ARE FULLY RESPONSIBLE FOR YOUR OWN WELL-BEING AND SAFETY AT ALL TIMES WHEN ACCESSING OUR WEBSITE, USING ANY OF OUR SERVICES AND/OR TAKING PART IN ANY OF OUR WORKSHOPS, EVENTS OR OTHER ACTIVITIES. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY , CLARITY , RESOLUTION, NON-INTERRUPTEDNESS, SPEED, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY OF COACHING, SUITABILITY OF CONSULTATION, METHOD OF COUNSELLING, METHOD OF INSTRUCTION, ACHIEVEMENT OF A COMMITTED RELATIONSHIP, ENJOYMENT OF DATES, BEHAVIOUR OF OTHER MEMBERS/CUSTOMERS/PARTICIPANTS, DATA CORRUPTION, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR WEBSITE OR OUR MEMBERS OR OTHER PARTICIPANTS OF OUR COACHING COURSES, WORKSHOPS OR EVENTS, OR RELIABILITY AND CONTINUED AVAILABILITY OF OUR WEBSITE, OUR SERVICES, OUR COACHING COURSES, OUR WORKSHOPS, OUR EVENTS, OUR CONTENT OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, WORMS, TROJAN HORSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.
• 11.3 IN ADDITION, OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE CORRECTNESS OF OUR CONTENT, THE PUNCTUALITY, AVAILABILITY OR STYLE OF OUR EVENTS, COURSES AND WORKSHOPS, THE QUALITY OF OUR SERVICES, THE AVAILABILITY OF DATING PARTNERS, THAT ANY ERRORS IN ANY PART OF OUR CONTENT WILL BE CORRECTED, THAT RESOLUTIONS WILL BE ENHANCED, MERCHANTABLITY, QUALITY, TIMELINESS OF DELIVERY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC VIEWING REQUIREMENTS, SUITABILITY FOR DIFFERENT REQUIREMENTS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR WEBSITE, OUR MEMBERS, OUR CUSTOMERS AND OTHER PARTICIPANTS OF OUR COACHING COURSES, WORKSHOPS AND EVENTS, QUALIFICATIONS AND EXPERIENCE OF CONSULTANTS AND TRAINERS, EMPLOYEES AND SUBCONTRACTORS, NON-INFRINGEMENT OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON OUR WEBSITE AND/OR IN OUR UPDATES. YOU, AT YOUR OWN VOLITION AND DISCRETION, USE OUR WEBSITE SERVICES OR OTHER SERVICES, ACCESS OUR CONTENT, ENTER INTO ENGAGEMENTS FOR OUR SERVICES, SIGN-UP, ENROLL, REGISTER, PARTICIPATE IN COACHING COURSES, WORKSHOPS, EVENTS OR OTHER ACTIVITIES, MAKE PURCHASES, SUBSCRIBE FOR MEMBERSHIP, AND/OR ENTER INTO OTHER TRANSACTIONS VIA OUR WEBSITE AFTER HAVING DONE YOUR OWN CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL ENGAGEMENTS, SUBSCRIPTIONS, SIGN-UPS, PARTICIPATIONS, PURCHASES AND/OR OTHER TRANSACTIONS ARE AT YOUR SOLE RISK AND VOLUNTARY ASSUMPTION OF LIABILITY.
• 11.4  IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED AT LAW, SHALL OUR COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, LICENSEES, LICENSORS, CONTRACTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, LOSS, LOSS OF CUSTOMERS, DAMAGED PERSONAL PROPERTY, ACCIDENTS, MEDICAL COSTS, INJURIES, MEDICAL CONDITIONS, LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, BROKEN RELATIONSHIPS, LOST DATA, COST OF SERVICING OR REPAIR OF TABLET, SMART PHONES, MOBILE PHONES, COMPUTER OR OTHER EQUIPMENT, SPECIAL DAMAGES, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF ANY USE OF (OR INABILITY TO USE) OR ACCESS (OR INABILITY TO ACCESS) OUR WEBSITE OR OUR UPDATES OR CONTENT OR WORKSHOPS OR ACTIVITIES OR OUR SERVICES OR OUR PRODUCTS, OR OUR COMPANY’S BREACH OF ANY PROVISION HEREIN THIS TERMS OF USE OR OTHER SERVICE TERMS IN THE AGREEMENT, ANY ACTS OR OMISSIONS OF TRAINERS, CONSULTANTS, OTHER USERS, MEMBERS OR CUSTOMERS OF DATESMITH, OR MISREPRESENTATION OR NEGLIGENCE OR FRAUD BY ANY PERSONNEL, SUBCONTRACTORS, OTHER MEMBERS OF CUSTOMERS OF DATESMITH, WHETHER DUE TO VIRUSES OR THIRD PARTY HACKERS OR EMBEDDED MALWARE, OR ANY RELIANCE ON OR USE OF THE INFORMATION, CONTENT, THIRD PARTY LINKS, THE SERVICES OR PRODUCTS INTRODUCED OR DESCRIBED HEREIN OUR WEBSITE, OR OUR UPDATES EVEN IF OUR COMPANY HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.
• 11.5  Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of accessing or howsoever using (including but not limited to storing of information on) our Website, our online services, our offline services, our Content or our Updates, or due to your subscription to our membership, purchase of services, and/or participating in our workshops, courses, events or other activities, including but not limited to any personal injuries, lost or damaged property, virus, trojan horse, malware or worm attacks on your tablet, smart phone, or computer. Without limiting the scope of the aforegoing, Datesmith will not be held howsoever liable or responsible for any personal injury, wrongful death, loss or damages of any kind that may occur due to usage of any Datesmith Match-up services and/or events. This may include, but not limited to, the negligence or wilful act of any persons (including but not limited to any Datesmith’s personnel, members or other customers), whether active or passive.
• 11.6  Without prejudice to Clause 11.5 above, for the avoidance of doubt, Datesmith wlll not be liable or responsible for any loss or damages incurred by you as a result of online payment system failure, or rejected payments due to your failure to furnish the correct details. You will have to seek your own remedy from such third party online payment providers directly (e.g. PayPal).
• 11.7  In the event that our Company’s liability to you in relation to our Website, our services, our Content, our Updates, our workshops, our courses, our events, our other activities, products and/or services featured on our Website and/or Updates, cannot be fully disclaimed or excluded, you agree that our Company’s total liability to you shall not exceed S$50, which you agree is a reasonable compensation amount taking into consideration the limited nature of our Website and our Company’s services. Accordingly, you agree that upon receipt of S$50 from the Company, you will waive all rights against the Company and will make no further claims whatsoever against the Company.

12. Non-Interference

• 12.1 You undertake that you shall not howsoever mine data from, interfere or attempt to interfere with any part of our Website, disrupt accessibility to our Website (or any part thereof), or bypass any security measures that we may include with our Website, including but not limited to the utilization of any screen-scraper, hacks, spider, robot, virus, worms or other means to access or attack our Site for any purpose without our prior written consent.

13. Indemnification

• 13.1  You agree to fully indemnify, defend and hold our Company and its shareholders, directors, officers, employees, representatives, agents, subcontractors, licensees and licensors harmless from and against any and all claims (including but not limited to third party claims for intellectual property infringement due to your breach of any provision under Section 7 above), damages, costs and expenses, including but not limited legal fees and settlement payments on a full indemnity (solicitor-client) basis arising from or related to your breach of any of the provisions herein this Terms of Use, other service terms of the Agreement, your use of our Website, our services, our Content, Updates, accessing our premises, and/or participating in any of our coaching courses, workshops, seminars, events or other activities.
• 13.2  For the avoidance of doubt, regardless of the indemnification received by the Company from you, the Company shall have full authority and charge over its own defence, legal actions, and settlement proceedings in relation to any third party claims without any reference to you.

14. Governing Law and Jurisdiction

• 14.1  Our Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of the Republic of Singapore, without reference to any conflict-of-law principles.
• 14.2  In the event of any disputes arising from this Terms of Use or any of the other service terms of the Agreement, your agreement thereto, your use of our Website, our services, Content, our products, our workshops, our events, our courses and/or other activities, you must first contact our Company’s officer at contactus@mydatesmith.com regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.

15. Miscellaneous

• 15.1  If any provision or clause of our Terms of Use, any of our service terms of the Agreement, or part thereof respectively, is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall be modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of our Terms of Use and our other service terms of the Agreement.
• 15.2  The failure or delay of our Company at any time to enforce any of its rights hereunder our Terms of Use and other service terms of the Agreement shall not be constituted as a waiver thereof and shall in no manner affect our Company’s rights at a later time to enforce the same.
• 15.3  You agree that you shall not hold our Company for any delay or failure in performance (including but not limited to non-accessibility to our Website) due to events beyond our Company’s reasonable control, including but not limited to natural catastrophes, civil riots, acts of war, shortage of utilities, and any applicable laws and regulations.
• 15.4  A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.