Terms & Conditions

Welcome to RyzUp App, a web app / website owned by the Growwth Partners Pte Ltd (collectively referred to as “GPSPL"). We hope you find it to be informative. Your use of this website is subject to the following terms and conditions, and your use of the website / app constitutes acceptance of these terms ("Agreement"). If you do not agree to the terms stated below OR DO NOT AGREE WITH THIS WEBSITE'S PRIVACY POLICY, THEN YOU MUST immediately LEAVE this website, AS YOU DO NOT HAVE OUR PERMISSION TO USE IT.

PLEASE NOTE: The GPSPL Terms of Service on this web page are effective as of the 'Last Updated' date above for any user who is browsing the GPSPL Service, or for any user who creates a GPSPL account on or after that date.

Eligibility and Assent to Terms:

The following Terms of Service are for the www.growwthpartners.com website, www.app.growwthpartners.com or any redirects, including but not limited to software applications, tools, calculators or other products / services made available by GPSPL from the website or via a third party ('Software'), and any application programming interface ('API') or other technology or services made available by GPSPL via the website or Software (collectively, the 'GPSPL Service') is a legal contract between you, ('You' or, collectively, 'Users'), and GPSPL regarding your use of the GPSPL Service ('Terms'). The GPSPL Service is not available to any users previously removed from the GPSPL Service by GPSPL. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.

These Terms provide that all disputes between you and GPSPL will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the 'Arbitration Agreement' section below for the details regarding your agreement to arbitrate any disputes with GPSPL. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE GPSPL SERVICE.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH GPSPL ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A 'SUBSCRIBING ORGANIZATION') THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.BY USING ANY PORTION OF THE GPSPL SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM THE GPSPL SERVICE.

Intellectual Property:

The website and its original content, features and functionality are owned by GPSPL and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Modification:

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. We may notify you of changes to these Terms by a notice posted on www.growwthpartners.com or www.app.growwthpartners.com, by e-mail, upon login to your account on the Service, or by other reasonable means. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the change in order to continue to use the Service. Material changes are effective upon your acceptance of the modified Terms. Immaterial changes are effective upon publication on www.growwthpartners.com or www.app.growwthpartners.com. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.

Additional Terms:

Your use of the GPSPL Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the GPSPL Service or certain features of the GPSPL Service that we may post on or link to on the GPSPL Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the GPSPL Service, subject to Section 1. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

Fees and Payment: Paid Services:

Some portions of the GPSPL Service may have fees associated with them (each, a 'Paid Service'). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the GPSPL Service at any time.

Free Trial. GPSPL may make available a free trial for a Paid Service without charge to you ("Free Trial"). You may be required to enter a Payment Method (defined below) in order to register for a Free Trial. The applicable Paid Service will automatically commence, and your Payment Method will be charged in accordance with Section 4(d), at the end of the Free Trial unless you log into your GPSPL account and cancel the Paid Service before the end of the Free Trial. You are solely responsible for paying all fees and applicable taxes associated with your GPSPL Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize GPSPL or its third party payment processors to charge the credit card or other payment method identified by you ('Payment Method'), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.

For purchases of subscriptions to Paid Services:Your 'Subscription Billing Date' is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th:

1. your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month,

2. your Subscription Billing Date for your first annual subscription is January 10th of each year, and

3. your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.

   
   

For any subscription to a Paid Service that you purchase after your Subscription Billing Date is established, your Payment Method will first be charged a pro-rata amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will then be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date thereafter (or on the last day of the calendar month, if the last day of the calendar month occurs before the Subscription Billing Date for that month).For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period's (i.e., month’s or year’s) subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).You acknowledge and agree that any credit card and related billing and payment information that you provide to GPSPL may be shared by GPSPL with companies who work on behalf of GPSPL such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to GPSPL and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your GPSPL account upon demand, (ii) GPSPL may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) GPSPL reserves the right to either suspend or terminate your access to one or more GPSPL Services or your account with GPSPL. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the GPSPL Service before termination.Any fees charged to your account are non-refundable except as expressly stated in these Terms. You agree to submit any dispute regarding any charge to your account in writing to GPSPL within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of GPSPL.You are responsible for paying any governmental taxes imposed on your use of the GPSPL Services, including sales, use, or value added taxes. If requested, you will promptly furnish to GPSPL the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that GPSPL is obligated to collect such taxes, GPSPL will charge your Payment Method or otherwise add the applicable to your billing account.

User Accounts:

You may browse the www.growwthpartners.com or www.app.growwthpartners.com website without creating an account, subject to these Terms. In order to use the full features of the GPSPL Service, you must register for an account or log into the GPSPL Service using another third party platform that we support ('Integrated Service'). Your use of any account with an Integrated Service is subject to any terms, conditions, and policies, including privacy policies, of that Integrated Service. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to GPSPL on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify GPSPL. You are solely liable for the losses incurred by GPSPL or others due to any unauthorized use of your GPSPL Service account.

Permission to Use GPSPL Service:

GPSPL grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.You agree not to use or launch any automated system, including without limitation 'robots' and 'spiders' that accesses the GPSPL Service in a manner that sends more request messages to the GPSPL Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the GPSPL Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the GPSPL Site. You also agree that for any API made available by GPSPL: (i) GPSPL makes no representations or warranties whatsoever regarding any API or any quality of service available via any API; (ii) GPSPL may restrict usage limits; (iii) you will not modify any content accessed via that API; (iv) GPSPL may terminate or deprecate any service or functionality available via an API at any time without notice or liability; and (v) use of some APIs may require obtaining an API key from GPSPL, and GPSPL may disable any key at any time without notice or liability.GPSPL reserves all rights not expressly granted in these Terms. You acknowledge that GPSPL may automatically issue upgraded versions of the software and systems comprising the GPSPL Service and, accordingly, may upgrade the version of the GPSPL Service that you are using. GPSPL reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the GPSPL Service, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Licence from you:

GPSPL claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the GPSPL Services you give GPSPL a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling GPSPL to provide you with the GPSPL Services. Furthermore, by creating an Application through use of the GPSPL Services, you give GPSPL a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling GPSPL to provide you with the GPSPL Services.By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant GPSPL Services functionality or features for the sole purpose of collaborating on development of the Application(s).You may choose to or we may invite you to submit comments or ideas about the GPSPL Services, including without limitation about how to improve the GPSPL Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place GPSPL under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.You agree that GPSPL, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the GPSPL Services.

Marketplace Apps and Add-ons: GPSPL may make available through the GPSPL Marketplace additional features, functionality, and services offered by third-party partners (“Add-ons”). Your use of Add-ons is subject to these Terms and to the applicable fees. You acknowledge for each Add-on you subscribe to or purchase through the GPSPL Service, these Terms constitute a binding agreement between you and the third party licensor of that Add-on (“the Add-on Provider”) only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on; GPSPL is acting as agent for the Add-on Provider in providing each such Add-on to you; GPSPL is not a party to the license between you and the Add-on Provider with respect to that Add-on; and GPSPL is not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that GPSPL, and GPSPL’s subsidiaries, are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that GPSPL will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.By subscribing to or purchasing an Add-on, you grant GPSPL permission to share your Application, Content, and user information with the Add-on Provider as necessary in order to provide you the Add-on.The license granted to you to use any Add-on is personal to you, and is not sublicensable to your End Users. You may not provide or resell Add-ons to others.

Recommendations:

GPSPL may, and you grant us permission to, make recommendations via the GPSPL Services for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the GPSPL Services. We will never make recommendations directly to your End Users.

Prohibited Conduct:

YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:use the GPSPL Service for any purpose other than to disseminate or receive original or appropriately licensed content and to access the GPSPL Service as such services are offered by GPSPL;delete the copyright or other proprietary rights markings on the GPSPL Service or other Users’ User Submissions;make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the GPSPL Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;use the GPSPL Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content;defame, harass, abuse, threaten or defraud Users of the GPSPL Service, or post, upload, or distribute any content that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the GPSPL Service for any commercial use, it being understood that the content available on the GPSPL Service is for personal, non-commercial use only;rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the GPSPL Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the GPSPL Service, or perform any other similar fraudulent activity;hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the GPSPL Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the GPSPL Service, or features that enforce limitations on the use of the GPSPL Service or User Submissions, or intentionally interfere with or damage operation of the GPSPL Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the GPSPL Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;modify, adapt, translate or create derivative works based upon the GPSPL Service or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; orremove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), GPSPL brand elements, including logos, trademarks, service marks or other Materials displayed by GPSPL in connection with the GPSPL Service in any manner whatsoever, regardless of your use of the embedding functionality of the GPSPL Service to display authorized content on your or other third party sites.

Content on the GPSPL Services and Take Down Obligations

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the GPSPL Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude the web application that you create using the GPSPL Service and any scenario information entered by you to be used with the GPSPL Service (collectively, “Applications”). GPSPL reserves the right (but shall have no obligation) to remove any or all Content from the GPSPL Service. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from GPSPL. In the event that you elect not to comply with a request from GPSPL to take down certain Content, GPSPL reserves the right to directly take down such Content or to disable Applications. In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user’s account on your Application. GPSPL reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy. You agree that you are solely responsible for (and that GPSPL has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the GPSPL Service and for the consequences of your actions (including any loss or damage which GPSPL may suffer) by doing so. You agree that GPSPL has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.

Third Party Software; Integrated Services and Linked Sites:

GPSPL may provide tools through the GPSPL Service that enable you to export information to Integrated Services, including through features that allow you to link your GPSPL account with an account on the Integrated Service, such as DropBox or Twitter, Xero, OpenAI, ChatGPT, Google Ads, Google Analytics, etc. or through implementation of third party buttons (such as 'like' or 'share' buttons). By using these tools, you agree that we may transfer that information to the applicable Integrated Service. In addition, the GPSPL Service may include links or references to other web sites or services solely as a convenience to Users ('Linked Sites'). GPSPL does not endorse any such Integrated Services or Linked Sites or the information, materials, products, or services contained on or accessible through any of them. Such third party sites and services are not under GPSPL’s control, and GPSPL is not responsible for their use of exported information. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the GPSPL Service are also solely between you and such advertiser. Access and use of Integrated Services and Linked Sites, including the information, materials, products, and services on or available through them, is solely at your own risk.

Termination; Violations:

You agree that GPSPL, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the GPSPL Service and remove and discard all or any part of your account and User profile for any reason at any time. GPSPL may also in its sole discretion and at any time discontinue providing access to the GPSPL Service, or any part thereof, with or without notice. You agree that any termination of your access to the GPSPL Service or any account you may have or portion thereof may be effected without prior notice, and you agree that GPSPL will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GPSPL may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the GPSPL Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with: (i) the GPSPL Service; (ii) any term of these Terms; (iii) any policy or practice of GPSPL in operating the GPSPL Service; or (iv) any content or information transmitted through the GPSPL Service, is to terminate these Terms and your account.You may cancel a Paid Service at any time by navigating to your account settings within the GPSPL Service and selecting the option to cancel that Paid Service. Unused fees are non-refundable and GPSPL reserves the right to charge you subscription fees through the end of the subscription term that you elected. If GPSPL charges you fees for the full subscription term, you will continue to have access to the cancelled Paid Service through the end of your subscription term, and these Terms will continue to apply to your use of that Paid Service.You may terminate your GPSPL Service account and these Terms at any time by navigating to your account settings within the GPSPL Service and selection the option to terminate your account. If GPSPL terminates your account for your breach of these Terms, GPSPL reserves the right to charge you fees through the end of your subscription term for any Paid Service you purchased prior to termination. If GPSPL terminates your use of any part or all of the GPSPL Service prior to the completion of your subscription period (except if such termination is a result of your breach of these Terms, in which case GPSPL may terminate without liability as described in the paragraph above), your sole remedy is a pro-rata refund of the purchase price paid for any terminated Paid Service.

Privacy; Consent to Electronic Communications:

Your privacy is important to GPSPL. GPSPL's Privacy Policy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to GPSPL's collection, use, and disclosure of your personal information. By registering for an GPSPL Service account, you consent to receiving certain electronic communications regarding the GPSPL Service from us as further described in our Privacy Policy. In addition, when you register for an account, you are automatically opted-in to receive commercial email from GPSPL, which may include newsletters, announcements, and recommendations. You may opt-out of commercial email (but not system administration communications) at any time by following the instructions contained within the email, or by changing the notification settings from the 'Account Settings' menu in your account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.You agree that you will protect the privacy and legal rights of the users to whom you serve web pages (“End Users”) via any application you develop on the GPSPL Service. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to the GPSPL Service.

Ownership; Proprietary Rights:

The GPSPL Service is owned and operated by GPSPL. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the GPSPL Service provided by GPSPL (the 'Materials') are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the GPSPL Service are the property of GPSPL or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to GPSPL or its affiliates or third-party licensors. Except as expressly authorized by GPSPL, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. GPSPL reserves all rights not expressly granted in these Terms.

The intellectual property in the materials contained in this website are owned by or licensed to GSPSL and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by GSPSL at any time.

Indemnification:

You agree to indemnify GPSPL, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the GPSPL Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. GPSPL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GPSPL, and you agree to cooperate with GPSPL's defense of these claims. Upon notice of any impending claim, action or proceeding, GPSPL will use reasonable efforts to notify of any indemnification obligation.

Disclaimer of Warranties:

GPSPL, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GPSPL OR THROUGH THE GPSPL SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES GPSPL'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE GPSPL SERVICE IS AT YOUR SOLE RISK. THE GPSPL SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GPSPL SERVICE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE', 'WITH ALL FAULTS' BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. GPSPL, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE GPSPL SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. GPSPL, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GPSPL SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE GPSPL SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitation of Liability and Damages:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GPSPL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE THE GPSPL SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH GPSPL OR OTHER GPSPL SERVICE USERS, EVEN IF GPSPL OR AN GPSPL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GPSPL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GPSPL SERVICE OR YOUR INTERACTIONS WITH GPSPL OR OTHER GPSPL SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GPSPL SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GPSPL AND RECEIVED THROUGH OR ADVERTISED ON THE GPSPL SERVICE OR RECEIVED THROUGH ANY LINKED SITES.YOU ACKNOWLEDGE AND AGREE THAT GPSPL HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GPSPL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GPSPL. GPSPL WOULD NOT BE ABLE TO PROVIDE THE GPSPL SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Arbitration Agreement; Governing Law:

Generally. In the interest of resolving disputes between you and GPSPL in the most expedient and cost effective manner, you and GPSPL agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and GPSPL are each waiving the right to a trial by jury or to participate in a class action. Exceptions. You and GPSPL agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our rights to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.Arbitration. In the event that the dispute is not resolved pursuant to mediation, such dispute shall be referred to and finally resolved by arbitration in Singapore in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC”) for the time being in force, which rules are deemed to be incorporated by reference to this paragraph. The arbitration tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the SIAC and the official language of the arbitration shall be English.

No Class Actions. YOU AND GPSPL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GPSPL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Enforceability. If only Subsection (f) of this arbitration agreement provision, or the entirety of this arbitration agreement provision, is found to be unenforceable, then the entirety of this arbitration agreement provision will be void and, in that case, you and GPSPL both agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms.

Governing Law; Venue.

These Terms and any action arising out of these Terms or your use of the Service, whether interpreted in a court of law or in arbitration, will be governed by and construed in accordance with the laws of Singapore, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and GPSPL agree to the personal and exclusive jurisdiction of the courts of the Republic of Singapore.

Miscellaneous:

GPSPL may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the GPSPL Service. Notice will be deemed given twenty-four hours after email is sent, unless GPSPL is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the GPSPL Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the GPSPL Service is deemed given 30 days following the initial posting. The failure of GPSPL to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by GPSPL. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by GPSPL without restriction. Any assignment attempted to be made in violation of these Terms shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including Sections 1 through 7, and 10 through 21. Heading references are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. These Terms, together with the Privacy Policy. and any other agreements incorporated by reference, are the entire agreement between you and GPSPL relating to the subject matter described in these Terms and will not be modified except in writing, signed by both parties, or by a change to these Terms made by GPSPL as set forth above. YOU AND GPSPL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GPSPL SERVICE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The services are offered by Growwth Partners Pte. Ltd, Singapore