TERMS
AND CONDITIONS GOVERNING THE ACCESS AND USE OF THE PSA MARINE ONEHANDSHAKE
APPLICATION
(THE
“APPLICATION”)
Last modified: 29/09/2021 09:35
The ONEHANDSHAKETM Application is a technological platform
developed by PSA Marine (Pte) Ltd (“PSAM”) that aims to take an
innovative approach in connecting various stakeholders in the maritime
ecosystem and their supporting players in the logistical chain. The purpose of
the Application is to provide Users access to real time information for better
planning and resource optimization.
1.
Terms
These terms and conditions ("Terms")
apply to the User’s access and/or use of the Application and/or any service(s)
available at the Application (collectively, referred to as “Services”)
and constitute a legally binding agreement between the User and PSAM. By using
the Services, the User agrees that the User has read, understood, accepted and agreed to the Terms. If you do not agree to and
accept the Terms, please do not continue using the Services.
2.
Definitions and Interpretation used in
and/or the purpose(s) of the Terms
(i)
These
Terms include and incorporate PSAM’s General Operating Conditions (available at
https://www.psamarine.com/quick-links/general-operating-conditions/.
(ii) A “User” means the subscriber of
the Services that is authorized by PSAM and includes any of its User
Administrators, servants, employees, staff, officers, directors, agents,
contractors and/or representatives (“User Personnel”) who access and/or
use the Services.
(iii) “Affiliates” of PSAM mean PSA
International Pte. Ltd. and direct or indirect subsidiaries of PSA
International Pte. Ltd. or PSAM;
(iv) “Cybersecurity Standards” mean such
standards and measures as may from time to time be applicable to PSAM for
compliance with applicable laws, and PSAM’s security and governance
requirements, as may be notified to the User or set out in PSAM’s policies and
procedures for the Application;
(v) “System” means any system or
network of systems (including any relevant hardware, software, portal, platform,
application programming interface, application, device
or tool) and any customization, development, modification and enhancement
thereto, including any related code, data, documentation or other material (as
updated from time to time).
3.
Ownership; User License
3.1.
PSAM
solely owns the Application, including without limitation its software
programs, design, functionality, interoperability interfaces, data
compilations, domain names, the ONEHANDSHAKE website at https://web.onehandshake.com,
texts, images, graphics, logos, trade and service marks including ONEHANDSHAKETM and 
(together, the “ONEHANDSHAKE trademarks”),
digital downloads, etc., and all the intellectual property rights thereof,
whether registered or not or registrable or not.
3.2.
PSAM
has the right to copy, access, use and retain information or data uploaded by
the User to the Application (and may sub-license, assign or transfer such right
without User’s consent) for purposes reasonably connected to the operation,
improvement and maintenance of the Application, and provision of the
Application for use by all Users, which right will continue perpetually after
termination of a User’s license of the Application. The purposes for which PSAM
will use information or data uploaded to the Application include without
limitation:
(i) maintenance, support and testing of the
Application and any related System(s);
(ii) testing, implementation
and maintenance of any System(s) (whether belonging to PSAM or third parties)
for sharing of information or data from or in the Application, and for delivery
of services under third-party tools integrated with the Application;
(iii) reporting to regulators or where required
to be disclosed by a competent government authority or under applicable laws;
(iv) data analytics, research and development,
or improvements relating to the Application or any related System(s), and other
projects or operations which PSAM or its Affiliates may be involved in;
(v) any other purpose that has been notified
to the User in any Terms Revision (defined below) or any other part of the
Application.
3.3.
The
User is granted a limited, revocable, non-assignable, non-sublicensable license
to access the Application under these Terms for the period such license is
valid and has not been terminated.
4.
User Accounts; Administration
4.1.
Each User
will be assigned an account by PSAM (“Account”) for the purpose of
administering its User Personnel Accounts, accessing and/or using the Services.
The User may create additional accounts for access and use of the Services by
User Personnel (the “User Personnel Accounts”), which together with the
Account, are referred to as the “Corporate Accounts”. The maximum number
of active User Personnel Accounts permitted shall be determined by PSAM for
each User.
4.2.
The
Corporate Accounts shall be administered by the minimum number (as determined
by PSAM) of primary and secondary administrators (the “User Administrators”, and each a “User Administrator”)
at all times. The User Administrators shall be
assigned by the User. Each of the User Administrators shall be responsible for:
(i)
assessing
the appropriate authority level for, and assigning rights and capabilities to
User Personnel under User Personnel Accounts;
(ii)
ensuring
that all information and details regarding the User, the User Administrators,
and User Personnel are up-to-date, accurate and complete;
(iii) transferring, terminating
or cancelling User Personnel Accounts upon any User Personnel ceasing to be
authorised to operate any User Personnel Account.
4.3.
The
User may appoint PSAM to perform the role of the User Administrators (for a fee
or otherwise agreed by PSAM). Where PSAM acts as the User Administrator, the
User must:
(i)
give
instructions to PSAM for the assignment of rights and capabilities to User
Personnel under User Personnel Accounts;
(ii)
promptly
inform PSAM of any change in, and ensure that all information or details
regarding the User and the User Personnel are up-to-date, accurate and
complete; and
(iii)
give
at least fourteen (14) days’ reasonable prior written notice to PSAM (or such
shorter period as may be indicated in PSAM’s policies and operating procedures)
to transfer, terminate or cancel any User Personnel Account for any User
Personnel who is or will cease to be authorised to operate such Corporate
Accounts.
4.4.
The User may, at any time, terminate PSAM’s appointment
as User Administrator upon giving prior written notice and nominating
replacement User Administrators in accordance with sub-clause 4.2.
5.
User’s Obligations
5.1.
A
User is fully responsible for:
(i)
ensuring
the confidentiality and security of its Corporate Accounts and use of the
Application and/or the Services which include without limitation:
a.
implementing
necessary and appropriate security procedures and measures to protect data
transmissions against unauthorized access, alteration, delay, loss or destruction;
b.
maintaining
the confidentiality and security of its Corporate Account details, including
username and password,
c.
adopting
the recommended security protocols or measures by PSAM as may be applicable
from time to time.
(ii)
the
full compliance of all the Terms by each of its User Personnel; and
(iii)
all
the activities that occurred or are occurring under its Corporate Accounts.
5.2.
By
using the Application, the User agrees that:
(i)
it
will only use the Application in compliance with applicable laws and solely for
lawful and permitted purposes;
(ii)
it
will use all reasonable efforts to provide complete, accurate and current information
in respect of the Services and undertake the responsibility to maintain and
update its information in a timely manner to keep it complete, accurate and
current at all times;
(iii)
other
Users of the Services may rely on its information as accurate, current and complete; and
(iv)
it
assumes full responsibility and liability for all loss or damage suffered by
itself, other users of the Application and Services or PSAM as
a result of its breach of the Terms.
5.3.
In
relation to its access or use of the Application and Services at all times:
(i)
the
User confirms that all information and data which is input by the User in the
Application and the Services:
a. may be used in the Application and made
available to other Users of the Application and is not subject to any confidentiality
restriction of the User or other such confidentiality restriction of or
obligation to a third party;
b.
is
provided without breach of any applicable laws;
c.
is not
otherwise secret or confidential under any contract or applicable law;
d. does not include or comprise any Personal
Data;
e. is permitted to be uploaded by the User,
and used or transferred by PSAM subject to these Terms;
f. is true, accurate and complete, and has
been verified with reasonable due diligence by the User.
(ii)
the
User acknowledges that PSAM will rely on the information and data which is
input by the User in the Application being true, complete
and accurate for purposes of disclosing such information and data to regulators
or pursuant to any applicable laws. The User must promptly inform PSAM and
update the information or data in the Application, should there be any change
in such information or data, or where the User discovers any inaccuracy in such
information or data.
5.4.
The
User shall comply with all Singapore and foreign laws and regulations relating
to export control, trade and economic sanctions (“Trade
Control Laws”) applicable to information and/or data of the User uploaded
or hosted in the Application, or transactions (including use or transfer of any
data, technology, goods, supplies or services) which are managed using the
Services. In particular, the
User shall not transfer to PSAM nor cause
PSAM to transfer, any information or data (1) in breach of the Trade Control
Laws, or (2) to any sanctioned country, region or
person to whom transfer of such information or data is prohibited under the
Trade Control Laws and/or (3) that require any third-party or government
approval or authorization for use or transfer. PSAM reserves the right to
decline service or remove any transaction(s) which it determines could
constitute a violation of the Trade Control Laws or a breach of this Clause,
without any liability to the User.
6.
User Rights; Suspension of Service
6.1.
PSAM
has the full discretion to determine rights and capabilities that may be
assigned to User Personnel and User Administrators for input, editing,
deletion, downloading and access to information and data within the
Application. The User acknowledges that information and data input in or
uploaded to the Application may, as determined by PSAM from time to time, (1)
be restricted from editing or deletion, (2) accessible to the User for limited
periods.
6.2.
PSAM
reserves all rights to:
(i)
suspend,
cancel and/or terminate any Corporate Account and/or any Service(s); and/or
(ii)
edit,
amend, modify, cancel and/or remove any job orders, content(s) and/or
information on the Application,
as it
deems necessary in its discretion.
7.
No Warranty
7.1.
PSAM
makes no guarantee, warranty, representation or undertaking whatsoever, whether
express or implied or otherwise, to any User:
(i)
that
any or all of the Services will at any time meet any
User’s requirement(s);
(ii)
that
any or all of the Services will at any time be
available or accessible or operational; and/or
(iii)
that
any or all of the Services will be suitable for use
with any device or network infrastructure.
7.2.
PSAM
has not verified and is not responsible for verifying or warranting the
quality, authenticity, accuracy, completeness or suitability of any information
or data input by the User or other Users in the Application and/or available
through the Services. The User expressly agrees that it has not,
and shall not make any reliance on PSAM in connection with the provision
of such information, data or the Application and the Services, and shall be
responsible for independently verifying such information or data available
within the Application or through the Services.
8.
Permitted Purpose and Unauthorised Acts
8.1.
The
User may only use or permit the use of the Application and/or the Services for
the permitted purposes for which the Application and/or the Services are made
available by PSAM, as may be set out in PSAM’s policies and operating
procedures.
8.2.
The
User may not copy, reproduce, use, distribute, commercially exploit
or advertise, without the prior written approval of PSAM, any part of the
Application, including the corporate logo of PSAM and the ONEHANDSHAKE
trademarks, and/or information or data in the Application or which may be
accessible through the Services. Such approval may be given on such conditions
as PSAM determines in its sole and absolute discretion (including imposition of
a license fee, if applicable).
8.3.
The
User must not make use of, attempt to or permit others
to access the Application or the Services using any devices or third-party
software which is not approved by PSAM, including without limitation, robots,
spiders, data miners, crawlers, bots, browser plug-ins, browser extensions or
add-ons, or any other automated device, program, tool, algorithm, process, type
of
code or script or methodology to access, acquire,
scrape, automate, modify the appearance of, harvest or copy information or data
from, or monitor the Application or systems belonging to or operated by PSAM,
or override any security feature, bypass any access control
or use restriction of the Application or the Services. Breach of this
sub-clause may result in the User’s access to the Application and/or the
Services being affected, suspended, restricted or
revoked without notice. PSAM shall have no liability to the User arising from
or in connection with any action(s) taken under this Clause.
8.4.
The User
shall not and shall ensure that each of its User Personnel and/or any person
under its control or permitted to access or use the Application and/or the
Services through its User Account shall not commit any unlawful, unauthorized
or improper act or omission in breach of applicable laws or the Cybersecurity
Standards, or which may damage, corrupt, or cause loss of information or data
in the Application (“Unauthorised Act”) including but not limited to the
following acts and/or omissions, and any acts which are described as prohibited
under any user policy or code of conduct that may be made available in the
Application from time to time:
(i)
use
the Services or the Application without a valid license from PSA, or in breach
of these Terms;
(ii)
use
any of the Services with any external program(s) in a manner that intentionally
circumvents any of the Terms;
(iii)
license,
sub-license, sell, re-sell, rent, lease, transfer, distribute or time-share any
of the Services or otherwise make any of the Services available for access
and/or use by any third party other than the permitted User Personnel;
(iv)
access
the Services or the Application from a jurisdiction where the Application or
Services are not permitted to be accessed, or where access is restricted;
(v)
access
and/or use the Services for the purpose of developing or operating
application(s) and/or service(s) intended to be offered to third parties in
competition with the Application and/or the Services;
(vi)
disassemble,
reverse engineer or decompile, recompile, disrupt,
circumvent, or attempt to derive any source codes or determine or copy any
design structure, concept and/or methodology of the Application and/or the
Services;
(vii)
copy,
reproduce, duplicate, modify, alter, sell, resell, distribute, publish,
display, perform, create derivative works from, upload, transfer, license,
edit, post, frame, link or otherwise use or exploit information or data in or
from the Application in a manner which is inconsistent with lawful and
permitted purposes, or forge, misrepresent, destroy, corrupt or manipulate such
information or data in or from the Application;
(viii)
copy,
create derivative works based on or otherwise modify the Application and/or the
Services;
(ix)
compile
or create any dataset or database using information or data in the Application;
(x)
remove,
modify and/or in any way tamper with any copyright and/or other proprietary
rights notice on the Application and/or Services;
(xi)
unauthorised
use of the Application and/or Services to reproduce, distribute, display,
transmit or use materials protected by intellectual property rights, or
otherwise reproduce, distribute, display, transmit or use materials protected
by intellectual property rights, or otherwise breach any party’s intellectual
property rights;
(xii)
circumvent,
disable or otherwise interfere, tamper with or
endanger the security of the Application and/or the Services;
(xiii)
access
or attempt to access the Services or the Application other than through
permitted means, or circumvent any access or use restrictions put into place to
prevent certain uses of the Services or the Application;
(xiv)
impersonate
any person or entity, use a false or fraudulent identity, or falsely state an
affiliation with or authority to act on behalf of a person or entity;
(xv)
use
the Services to create, use, send, store or run any
virus(es), Trojan horse(s) and/or other harmful computer code(s), file(s),
script(s), agent(s) or program(s) and/or otherwise engage in any malicious act
or disrupt the security, integrity or operation of the Application and/or any
of the Services;
(xvi)
access
and/or disable any data, information, material, software and/or network of or
in connection with the Application and/or any of the Services; and/or
(xvii) perform or disclose any benchmarking,
availability or performance testing of the Application or any network
discovery, port and service identification, vulnerability scanning, password
cracking, remote access or penetration testing of the
Application and/or the services or systems on which the Application is
operated.
9.
Operational Requirements and Security
9.1.
The User
is responsible for ensuring that it and its User Personnel only access the
Application and the Services using compatible and updated hardware and software
meeting at a minimum, the Cybersecurity Standards. PSA shall not be liable in
any way whatsoever for any delay or failure in the Application and/or Services
experienced by the User and is not responsible for troubleshooting, making work-arounds for or customizing the Application to address
any issues encountered by the User arising from or in connection with the
User’s non-compliance with the Cybersecurity Standards (such as use of outdated
or incompatible hardware or software).
9.2.
The
User is fully responsible for adopting and implementing adequate and reasonable
security measures for access by its User Personnel to, integration (if
applicable) of its systems with the Application and uploading or downloading
and transfer of data to and from the Application. Where required, the User must
implement and ensure that the specific security requirements set out in the
Cybersecurity Standards are satisfied. Any specific security requirements
imposed by PSA are separate from and additional to, and shall not reduce,
discharge, waive or otherwise release the User from its obligations to ensure
that it has in place adequate and reasonable security measures.
9.3.
No
reliance is, or will be made on PSA, and PSA does not assume any responsibility
to the User notwithstanding the imposition of any security requirements in the
Cybersecurity Standards. PSA may suspend or deny access to the Application
and/or the Services until such security requirements are demonstrated to be
satisfactorily implemented, but any provision of service to the User shall not
constitute a waiver of this sub-clause nor otherwise affect or release the User’s
liability under these Terms.
(i)
For
purposes of this Clause, “Incident” refers to any actual, threatened or
suspected Unauthorised Act or other act, omission, vulnerability, gap or issue
which in PSAM’s opinion, may result in (1) the unauthorized access, collection,
use, disclosure, copying, modification or disposal of, or loss, destruction or
corruption of the information or data in the Application, (2) interruption,
delay, suspension or stoppage of the Services, (3) any fraud or illegal
activity conducted or facilitated through, affecting or involving the
Application, including an offence under the Computer Misuse Act of Singapore or
a “cybersecurity incident” as defined under the Cybersecurity Act 2018 of
Singapore, regardless whether such incident is reportable to any regulator
under any applicable law, and (4) third-party attack, virus, Trojan horse,
ransomware, phishing, or other type of malicious attack targeted or affecting
the User or multiple Users or the Application, or the System on which the
Application is hosted or is connected to.
(ii)
The
User agrees to provide reasonable assistance to PSAM to facilitate the handling
of an Incident in an expeditious and compliant manner. The User shall notify
PSAM immediately if it becomes aware of any Incident, or any circumstances
which may give rise to an Incident if not corrected, or which may suggest the
Application is at risk of an Incident (including unusual activity or
performance of the Application), and cooperate with PSAM to undertake
any preventive, correction, remediation or mitigation measures. In the event of any
query or investigation by relevant competent authorities in respect of the
Application or any Incident, the User and PSAM shall as far as reasonably
possible, respond to such authority’s queries in a timely manner to the extent
required by such authority, and abide by the decisions of such authorities.
(iii)
Where
PSAM determines that an Incident is likely to have occurred, or there is
reasonable suspicion that an Incident may occur due to any perceived
vulnerability or unusual activity, PSA may suspend any part of the Services or
temporarily restrict or suspend the User’s access to the Application.
(iv)
The
User shall permit PSA and its authorised representatives and IT consultants to
have access to the hardware, devices, systems, logs
and other records of the User (including without limitation, its contractors’
hardware, devices, systems, logs and other records) to conduct an investigation
into the Incident and its potential causes.
(v)
To
the extent permitted by law, PSA and its authorised representatives and IT
consultants shall keep all information or data of the User which is accessed
pursuant to this Clause confidential. This clause does not affect any legal
obligation of PSA to make a report to a competent authority or notify affected
data subjects of any Incident.
(vi)
Upon completion
of the investigation, where the Incident arose from any security deficiency,
fault, negligence or breach of the User or its contractors, the User will
promptly in consultation with PSA, take all necessary steps to correct the
deficiency or fault, and to rectify any security breach or lapse.
(vii)
The rights under this Clause 9.4 (except for sub-clause (vi))
shall survive for three (3) years after expiry or termination of the User’s
license in respect of the Application and/or the Services.
10.
Indemnities and Limitation of Liability
10.1. The User shall fully indemnify and keep
indemnified PSAM in respect of all liabilities, loss, damage, costs, expenses,
fees, fines, penalties, actions, claims, prosecutions, investigations
or proceedings:
(i)
arising
in connection with the User’s breach of Clauses 8 and 14;
and
(ii)
where
PSAM is appointed to act as the User Administrator for the User, that are
incurred by PSAM carrying out the User’s instructions as User Administrator,
except to the extent caused by PSAM acting outside the scope of its authority
as User Administrator.
10.2. The User remains solely responsible for
all activities occurring under its Corporate Accounts (notwithstanding that
PSAM acts as User Administrator) and PSAM shall not be liable to the User for
any claim, liability, loss, damage, cost or expense
arising out of or in connection with such role as User Administrator.
10.3. PSAM, including any of its servants,
employees, staff, officers, directors, agents, contractors and/or
representatives:
(i)
is
not liable for any loss or damage whatsoever, and howsoever caused, claimed by
any of the Users, any of the User Personnel and/or anyone else in connection
with any access
and/or
use of any of the Services and/or any reliance on any information on and/or
available in the Application; and
(ii)
is
not responsible nor liable for the acts and/or omissions of any third party users of the Application.
10.4.
To
the fullest extent permitted by law, except where caused by fraud or deliberate
misconduct of PSAM, PSAM excludes all liability which may be incurred by the
User and/or its User Personnel arising from the use of the Application and/or
the Services, or any loss, corruption, damage, security breach, deletion,
modification or disclosure of the User’s data which is uploaded to or hosted in
the Application, whether arising in contract, tort, strict liability,
negligence or other legal theory.
10.5.
PSAM shall
have no liability whatsoever for any loss of profit, business, business
opportunity, revenue, turnover, anticipated savings, reputation, goodwill,
productivity, downtime, loss of use, regardless whether such loss is direct or
indirect, and/or any indirect, special, incidental, consequential, punitive or
exemplary loss or damage, whether or not such loss could have been reasonably
foreseen, or the possibility of such loss was actually known by or notified to
PSAM.
10.6.
In
respect of an Incident:
(i)
PSAM
shall have no liability to the User in respect of any data loss, breach, data
corruption, or unavailability of the Application or the Services or any acts or
omissions by PSAM (including suspension of the User’s access to the Application
or the Services) to investigate the Incident.
(ii)
Where
the Incident is found to be caused by, contributed to or otherwise attributable
to the User, the User shall indemnify and hold PSAM harmless against all
liabilities, loss, damage, costs, expense, claims, legal or regulatory proceedings,
investigations or inquiries, penalties, fines, including without limitation,
legal, investigative and forensic costs incurred, arising from the Incident,
except to the extent attributable to or contributed to by PSAM’s negligence or
fault.
10.7.
Provided
that PSAM has acted in good faith, it shall not be liable to the User in
respect of any unauthorized action or transaction undertaken through the
Application or provision of any Services to any person who is discovered not to
have the relevant authority on behalf of the User. The User shall compensate
PSAM for its direct loss or damage incurred (including any amounts which were
mistakenly or fraudulently induced to be paid) arising from any fraud or
unauthorized transaction perpetrated through the User’s account or by any
person purporting to act on behalf of the User.
10.8.
PSAM’s
officers and employees, Affiliates, and their contractors and contractors’
officers and employees, shall have the right to rely on and enforce this clause
in respect of any claim by the User or any person claiming through or under the
User.
11.
Termination
The User may terminate its Account by giving at
least fourteen (14) days’ prior written notice to PSAM. All Users (including
User Personnel) will cease to have access to the Application and the Services
on the date of determination.
12.
Revision of Terms
12.1. PSAM may from time to time at its
discretion add to, amend, revise, modify and/or remove any of the Terms (“Terms
Revision”). Whenever there is a Terms Revision, a User will be notified of
such Terms Revision in its next logon. If any User does not agree and accept
the Terms Revision, such User will not be permitted to access and/or use any of
the Services.
13.
Confidentiality
13.1. Unless otherwise expressly authorised by
the User that disclosed its information, the Users shall keep confidential any
information accessed or received through the Application. The Users shall not
copy, transmit, transfer, retain, resell, redistribute, disclose
or otherwise provide to anyone in any manner whatsoever any information or data
accessed or received through the Application.
14.
Personal Data Protection
14.1. For the purposes of the Terms and unless
the context requires otherwise, as defined under section 2 of the Personal Data
Protection Act 2012 of Singapore (“PDPA”), “Personal Data” means
data, whether true or not, about an individual who can be identified: (a) from
that data; or (b) from that data and other information to which PSAM and/or a
User has or is likely to have access.
14.2.
The
User represents and warrants that:
(i) no Personal Data will be uploaded to the
Application and/or in the course of the Services being provided, and all
contact information and personal particulars that are provided by the User for
purposes of Account registration or administration consist solely of “business
contact information” as defined under the PDPA.
(ii) no Personal Data to which the General Data
Protection Regulation (GDPR), Regulation No. 2016/679 applies, is uploaded to the
Application and/or in the course of the Services being provided.
14.3. In the event that the User provides
Personal Data to PSAM in the course of exercising any rights, fulfilling any
obligations, or doing anything related to or arising out of the Terms, PSAM
shall collect, use, or retain such Personal Data solely as a data intermediary
and for the purposes of operating and providing the Application and the
Services, and the User undertakes and warrants that it has complied with the
PDPA, including obtaining express consent for the collection, use, disclosure,
retention, including further processing of such Personal Data by PSAM.
15.
Internet
The Application and Services may be
subject to limitations, delays and other issues
inherent in the use of the internet and electronic communications. PSAM is not
responsible for any delays, damages or losses resulting from such issues.
16.
Non-Waiver
Any failure or delay by PSAM in exercising
or enforcing any of its rights pursuant to the Terms does not operate as a
waiver of and does not prejudice or affect PSAM’s right subsequently to
exercise or enforce any of such rights.
17.
Severability
If any and/or any part of the Terms is
held unenforceable, PSAM may amend that part through a Terms Revision so as to give effect to the original intent, and the
remaining Terms and/or remaining part of the affected Terms shall continue in
full force and effect.
18.
Rights of Third Parties
Any person who is not a party to any
agreement governed by the Terms has no right under the Contracts (Rights of
Third Parties) Act (Chapter 53B) to enforce any of the Terms.
19.
Governing Law and Dispute Resolution
The Terms are governed by and interpreted
according to the laws of Singapore. The User agrees to irrevocably submit to
the exclusive jurisdiction of the courts of Singapore.