TERMS OF SERVICE
Effective Date: 23 June, 2024
Last Updated On: 8 August, 2024
Introduction
This Terms of Service ("Agreement") constitutes a legally binding contract governing the access and utilization of services provided by MatchCatch, operated by Matcha Pte. Ltd., a Singapore entity identified by Company Registration No. 202404146Z. Throughout this Agreement, Matcha Pte. Ltd. will be referred to as the "Company," "We," "Us," or "Our," while any individual utilizing these services will be addressed as "You," "Your," "User," or "Member".
The Company is the proprietor and operator of various electronic platforms, including but not limited to an online website hosted at https://matchcatch.com and the mobile application "MatchCatch" (collectively referred to as the "Platforms"). These Platforms serve as the medium through which we offer an online dating platform for our users ("Service"). It is imperative to comprehend that we function solely as a social networking platform, and our users and members are not to be construed as agents, employees, or in any way affiliated with us.
This Agreement constitutes an electronic contract delineating the legally binding terms you must adhere to in order to access and utilize the Service, thereby becoming a "user" of the Service. For the purpose of this Agreement, the term “user” or “membership” refers to any individual who provides information to the Company on the Platforms to engage with the Service in any capacity, whether as a free user or a paying subscriber. The Company reserves the right to modify this Agreement at its sole discretion, with any such modifications being posted on the Platforms. Your continued use of the Platforms or the Service following the posting of such modifications will signify your acceptance of the revised terms.
By utilizing the Service, you expressly agree to be bound by this Agreement, regardless of whether you register as a free user or a paid subscriber. The Company is willing to license the Service to you for your use only on the condition that you accept all the terms outlined herein. Your access to or use of the Service indicates that you have read, understood, and consented to this Agreement and its associated terms. If you do not accept all of these conditions, please refrain from accessing or using the Platforms or Service.
Proprietary Rights
The Company maintains sole ownership and retains all proprietary rights in both the Platforms and the Service. Within the Platforms and Service, you will find copyrighted material, trademarks, and other proprietary information, encompassing all content, trademarks, trade names, service marks, and intellectual property.
Eligibility
To register as a user or utilize the Platforms, you must be at least eighteen (18) years old. By engaging with the Platforms, you affirm and guarantee that you possess the right, authority, and capacity to enter into this Agreement and abide by all its terms and conditions. Upon becoming a user, you further confirm that you have not been convicted of a felony and are not obligated to register as a sex offender (or similar designation) with any governmental entity or legal authority. While the Company mandates that all users or members be at least eighteen (18) years old, we disclaim responsibility or liability for any misrepresentations regarding a user's or member's age or for the unauthorized usage of the Platforms or Service by a minor.
Term and Termination
The entirety of this Agreement shall remain fully operative while you engage with the Platforms and/or maintain status as a user. Furthermore, all provisions of this Agreement shall endure even after its termination, whether initiated by you or the Company, except for those terms naturally expiring or being completely fulfilled. You reserve the right to terminate your membership at any time and for any reason by adhering to the instructions provided in the "Your Account" section under Settings or by submitting a written notice of termination to the Company. Should you deactivate your account, the Company may retain specific account-related information for analytical purposes, maintaining record integrity, fraud prevention, fee collection, enforcement of this Agreement and its conditions, safeguarding the Platforms' integrity and users, or undertaking other actions permitted by law. Additionally, if certain information has already been disclosed to third parties as outlined in the Privacy Policy, the retention of such information will be subject to the policies of those third parties.
The Company reserves the right to terminate your membership for any reason, with or without prior notice. In the event of membership termination—whether initiated by you or the Company—you shall not be entitled to any refunds for unused subscription fees or unused credits.
The Company may, at its sole discretion, modify or terminate your access to the Platforms or Service, or any part thereof, either temporarily or permanently, at any time. You acknowledge and consent that the Company shall not be liable to you or any third party for any expenses or damages arising from any modification or termination of your access to the Platforms or the Service.
Exclusively for Non-Commercial Use
The Platforms and the Service are designated for personal use exclusively. Any other form of use, including use by the media, competitors, or any entity or individual seeking to exploit the Platforms or Service for commercial gain, shall be considered "Commercial Use" by "Commercial Users". Prohibited Commercial Use encompasses, but is not limited to, employing the Platforms or Service in connection with any commercial activities such as: (i) advertising or soliciting the purchase or sale of products or services not provided by the Company; (ii) soliciting attendance at parties or other social functions, or networking, for commercial purposes; (iii) utilizing the Platforms or Service for press or media purposes without authorization from the Company; (iv) seeking leads or customer information for any business activities (whether conducted on or off the Platforms); or (v) scraping or gathering data or information of any nature. Organizations, companies, agencies, and any other non-individual entities may not register as users and should refrain from using the Platforms or Service for any purpose. Unauthorized and/or illegal use of the Platforms, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing or linking to the Platforms, may result in investigation and appropriate legal action, including civil, criminal, and injunctive relief. Users of the Platforms may not utilize any information obtained from the Service to contact any other user without prior, explicit consent. The Company may conduct investigations and take legal action in response to unauthorized and/or illegal use of the Platforms or Service, including reporting suspicious activities to governmental authorities.
Account Security
Your membership account is designated solely for your individual use. It is your responsibility to safeguard the confidentiality of your username and verification passwords. You assume full responsibility for all activities conducted under your username and password, including the dissemination of your personal information to other users. You recognize that the Company bears no liability for third-party access to your account information or personal data resulting from any action or inaction on your part. This includes, but is not limited to, voluntary disclosure of your username, verification password, or other personal details. Moreover, you acknowledge that the Company holds no responsibility for third-party access to your account information stemming from theft or unauthorized use of your username, verification password, or other personal information while under your possession, supervision, or control.
User Information
Through the Platforms and Service, you have the option to provide certain information, including details used for registration and account creation, collectively termed as "User Information". This User Information will be securely stored on the Company's servers. By utilizing the Platforms and Service, you consent to this storage and acknowledge the Company's use of your User Information for the creation of your account, facilitating your access to, and use of the Platforms and Service. You retain sole responsibility for the accuracy and completeness of your User Information, recognizing that the Company serves solely as a passive conduit for this data.
By utilizing the Platforms and Service, you commit to providing accurate, up-to-date, and complete information, and agree to maintain its accuracy and completeness at all times. Both the Company and third parties may rely on the accuracy and completeness of your User Information. You acknowledge that any misrepresentation or inaccuracies in your supplied information may prompt immediate termination of this Agreement and your access to the Platforms or Service.
The Company reserves the right, at its sole discretion, to prohibit your future use of the Platforms or Service, with or without cause. In the event of such termination, this Agreement will remain valid, and any provisions surviving termination will continue to be effective.
The Company may review User Information before, during, or after receipt and, at its discretion, may prevent, halt, or reject the transmission of inappropriate or insufficient data. The Company does not guarantee the successful transmission or reception of User Information, and such information does not necessarily reflect the Company's views. The Company is not obligated to verify the accuracy of User Information or oversee user interactions or communications.
You acknowledge that the Company may disclose your User Information and Content, in whole or in part, if required by law, at the request of a third party, or if deemed reasonable by the Company to protect its rights, a third party's rights, or someone's health or safety. Additionally, the Company reserves the right, though not obligated, to disclose any User Information and Content submitted by you if there is suspicion or reason to suspect criminal activity, abuse, or threats to safety, and may disclose such information to appropriate authorities as deemed necessary by the Company.
Precautions And Assumption Of Risks
The Company bears no responsibility for the actions, whether online or offline, of any user of the Platforms or user of the Service. By utilizing the Platforms and the Service, you accept all associated risks, encompassing but not limited to, those arising from online or offline interactions with other users or Platforms users. These risks include, but are not limited to, engaging in dating activities or transferring funds to another Member. It is your responsibility to exercise caution and take all necessary precautions when interacting with individuals through the Platforms or Service. Under no circumstances should you disclose your financial information, such as credit card or bank account details, to other users.
Currently, the Company does not conduct criminal background screenings on its users. However, the Company reserves the right to perform such screenings at any time, utilizing legally available records. By agreeing to these terms and conditions, you grant authorization for any such background checks.
You acknowledge that the Company makes no warranties, whether explicit or implied, regarding your compatibility with individuals you encounter through the Platforms or Service, or their conduct.
Responsible Usage
You bear full responsibility for the content and information you post, upload, publish, link to, transmit, record, display, or otherwise share ("Post" or "Posting") on the Platforms or as part of the Service, as well as any transmissions to other users. This includes emails, videos (including streaming videos), photographs, voice notes, recordings, or profile text, whether publicly posted or privately transmitted (collectively referred to as "Content"). Posting on the Platforms or as part of the Service, or transmitting to the Platforms or any other users (either on or off the Platforms), is prohibited if it: (i) violates any applicable law or regulation; (ii) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others, or violates the privacy, publicity, or other personal rights of others; (iii) is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive, or hateful; (iv) involves the use of multiple accounts for one user; or (v) implies that any statements you make are endorsed by the Company, the Platforms, or any related websites, affiliates, or subsidiaries. You affirm and warrant that all information provided upon registration is accurate and truthful, and agree to promptly update any information that becomes inaccurate, misleading, or false.
The Company reserves the right, though is not obligated, to monitor any Content you post on the Platforms or as part of the Service, and may remove any Content for any reason whatsoever. This includes Content that, in the Company's sole opinion, violates or may violate any applicable law, or the spirit of this Agreement. The Company may also remove any Content upon the request of a third party, or for any other reason. Furthermore, the Company reserves the right, at its sole discretion, to suspend or ban any Member who posts objectionable Content, based on the reasons outlined in this paragraph or for any other reason.
When you post Content on the Platforms or as part of the Service, you automatically grant the Company an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to: (i) utilize, replicate, store, exhibit, reproduce, record, play, adapt, adjust, modify, and distribute the Content; (ii) create derivative works of the Content or integrate it into other works; and (iii) issue and authorize sublicenses of the aforementioned rights in any existing or future media. Furthermore, to prevent the unauthorized use of your Content outside of the Service, you authorize the Company to take action on your behalf regarding any infringements of your Content committed by other users or third parties. Our license to your Content is bound by your rights under applicable law (including laws concerning personal data protection, to the extent that any Content contains personal information as defined by such laws) and is restricted to the purposes of operating, developing, providing, and enhancing the Service, as well as researching and developing new ones.
You are prohibited from breaching or attempting to breach the security of the Platforms, including, but not limited to: (i) accessing data not meant for you or logging into a server or account without proper authorization; (ii) probing, scanning, or testing the vulnerability of a system or network, or circumventing security or authentication measures without authorization; (iii) disrupting or interfering with the Service or Platforms, including submitting viruses, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited email, including promotional material; (v) manipulating identifiers to conceal the origin of transmitted information; (vi) using any device or mechanism to retrieve, index, or reproduce the content of the Platforms or Service without authorization; or (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or disassembling any part of the Service or Platforms, or any associated software, or encouraging others to do so.
The Platforms are designated for lawful purposes and are intended for individuals seeking relationships. As a condition of using the Platforms and the Service, you affirm, warrant, and agree not to utilize (or encourage others to utilize) the Platforms or the Service in any manner that contravenes this Agreement or applicable law. It is your responsibility to ensure that your usage of the Platforms and the Service adheres to this Agreement, and you must obtain prior written consent from the Company for any uses not expressly permitted herein. The Company expressly prohibits the following uses of the Platforms or the Service, and you agree not to engage in:
Using the Platforms or the Service for escort, prostitution, or human trafficking activities, including past involvement with such activities or affiliation with related services;
Posting or transmitting material that exploits individuals under the age of 18, soliciting personal information from minors, or failing to report knowledge of underage individuals;
Sharing incomplete, false, misleading, or inaccurate Content about yourself or your profile;
Posting Content that is not entirely your own or for which you lack full usage rights;
Impersonating or misrepresenting affiliation with any person or entity;
Soliciting passwords or personal information from other users for commercial or unlawful purposes;
Engaging in advertising or solicitation to other users for financial transactions, or sending unsolicited bulk email or spam;
Contacting users off-site without explicit permission via the Platforms;
Posting advertisements or solicitations related to employment, business, or pyramid schemes;
Using the Platforms or Service for illegal activities;
Encouraging, promoting, facilitating, or instructing others to engage in illegal activity;
Engaging in criminal activity in the Member's jurisdiction;
Bullying, stalking, or harassing other users or Company personnel;
Framing or mirroring any part of the Service without prior written authorization;
Using the Service to harm the Company or its affiliates;
Using the Platforms for competitive purposes, including market analysis or copying;
Recruiting for inappropriate purposes such as pornography or escort services;
Creating, possessing, downloading, sharing or buying/selling pornographic content or material or sexually explicit or obscene images;
Engaging in Commercial Use as defined in Section 5;
Any other use that violates applicable laws, including export controls laws.
Commercial Use and Competitive Violations and Liquidated Damages: Commercial users (as defined in Section 5) acknowledge that their actions violate this Agreement and disrupt the intended purpose of the Platforms. Each instance of Commercial Use or competitive use of the Platforms constitutes a breach of this Agreement and is subject to SG$100,000 in liquidated damages for each violation. You recognize that Commercial Use or competitive violations cause significant harm, and the specified damages serve as a reasonable estimate of such harm.
Prohibition of Harassment Against Company Personnel
You agree not to engage in any form of harassment, intimidation, annoyance, or threats directed towards any of the Company's employees or agents involved in delivering any aspect of the Service to you. Should your conduct towards any of our staff be perceived as threatening or offensive, we retain the right to promptly terminate your membership without any refund of unused subscription fees.
Intellectual Property
The Company maintains full ownership of the Service and all associated intellectual property rights contained within it. Copyrights to the content on the Platforms are either wholly owned by the Company or licensed to it. This content encompasses articles, editorial materials, publications, illustrations, graphics, and logos available on the Platforms.
The Company's trade name, trademarks, domain names, logos, and service marks showcased on the Platforms or linked with the Service ("Trade Marks") are the exclusive property of the Company. This Agreement neither grants nor implies any right or license to use the Trade Marks or any other content on the Platforms without prior written permission from us, except as expressly provided herein.
When you transmit or submit User Information or other data to the Service, you grant or warrant that you have the right to grant the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, reproduce, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such content through the Service. The Company does not claim ownership of such content, and this Agreement does not limit your rights to use and exploit any part of it.
You acknowledge and accept sole responsibility for the content you share via the Service. You represent and warrant that you either exclusively own all such content or possess all necessary rights, licenses, consents, and releases to grant the Company a license to use such content. Furthermore, you warrant that neither the content nor its use by the Company will infringe, misappropriate, or violate any third party's rights or result in the violation of applicable laws or regulations.
Communication Channels
The Company utilizes email communications and text messages to enhance your experience. By agreeing to this Agreement, you expressly consent to receive email communications and text messages initiated by the Company. These communications may include notifications, updates on potential services, promotions, and information about new or existing features. Standard text messaging rates imposed by your mobile phone carrier will be applicable to text messages sent by the Company, if applicable. If you switch mobile carriers, notifications and communications may be disabled for your user account, requiring you to reauthorize your new mobile phone number for such messages. The Company retains the right to terminate notifications and communications at any time without prior notice.
Verification Procedures
To uphold the safety of our users on the Platforms or Service, we may institute a verification process. This process aims to confirm your identity and may entail providing personal documents, bank account statements, or engaging in video and audio conferencing. Verification may be conducted by us or our designated service provider.
The Service may offer a Third Party Service that conducts self-background screenings based on User Information submitted to them. Users who utilize this Third Party Service will have the opportunity to display a "Verified" or similarly distinguished mark on their user profile. The Company does not verify the accuracy or legitimacy of such Third Party Service and bears no responsibility for any reliance placed upon it by users.
Platform Service and Modifications
The Company does not warrant the continuous availability of the Platforms, as users may encounter significant service disruptions. Refunds will only be provided in the rare circumstance where the Platforms remain offline for a period exceeding 72 consecutive hours, with a pro-rated refund issued accordingly. Technical support is not offered; assistance is limited to Service-related matters pertaining to the Platforms.
At any given time, the Company reserves the right to alter or terminate, either temporarily or permanently, the Platforms or the Service (or any segment thereof), with or without prior notification to individual users, specific user groups, or all users collectively. You acknowledge that the Company bears no responsibility to you or any third party for any modifications, suspensions, or terminations of the Service. Furthermore, to uphold the integrity of the Platforms and Service, the Company retains the unilateral discretion to restrict access to the Platforms or Service for users associated with certain IP addresses. You agree not to bypass, or attempt to bypass, any such user block implemented by the Company.
Subscription and Membership Management
It is imperative that you furnish accurate, complete, and up-to-date information for your Billing Account. You are obligated to promptly update all details to ensure the accuracy and completeness of your Billing Account, including changes in billing address, card number, or expiration date. In the event of a canceled payment method or any suspicion of security breach (such as unauthorized access to your username or password), you must promptly inform the Company. You can effect changes to this information through the "Account Settings" section on the Platforms. Failure to provide the necessary information holds you responsible for any accrued fees under your Billing Account. Moreover, you authorize us to obtain updated or replacement expiration dates and card numbers from your credit or debit card issuer.
You acknowledge that all payments processed on the Platforms are deemed final, and you agree not to dispute or challenge the charges with your bank. In case of payment-related issues (e.g., duplicate billing), you commit to raising a support ticket through the Platforms for resolution. Should you initiate a dispute with your bank, you agree to bear responsibility for any outstanding balance owed to us, along with any dispute case fees levied by our bank, which may amount to as much as SG$100 per occurrence. Furthermore, you undertake to settle any outstanding balance within 30 days of notification. Failure to settle within this timeframe may result in the submission of the outstanding balance to a collections agency, with a collections fee of up to 50% of the outstanding balance or SG$100 (whichever is higher) added to your debt.
To ensure uninterrupted service, the Company facilitates automatic renewal. The Company reserves the right to automatically renew your membership on a month-to-month basis. Until terminated, all paid subscriptions for services will be automatically renewed upon expiry. Following the initial subscription commitment period and subsequent renewal periods, your subscription will automatically extend for an equivalent period. By entering into this Agreement, you acknowledge and consent to the automatic renewal process for your account. If you prefer not to have your account renewed automatically or wish to alter or terminate your subscription, kindly log in and navigate to the "Account Settings" section on the Platforms for instructions on how to proceed.
The Company adheres strictly to a no-refund policy, ensuring that all purchases made on the website are considered final. Upon opting to purchase a subscription package via the website, you explicitly agree that under no circumstances will any refunds, whether full or partial, be granted for any reason or for any unused or remaining subscription or credits. (Please note that certain exemptions to this policy may apply for customers residing in the European Union, European Economic Area, and the United Kingdom).
In the event of account deactivation or suspension due to violation of this Agreement or other policies, you acknowledge that any remaining or unused subscription and credits will be forfeited, and no refunds will be issued for such remaining or unused membership subscription and credits. Furthermore, should your deactivated account be reinstated subsequently, you consent to the fact that any unused subscription or credits forfeited during the deactivation period will not be reinstated alongside your account.
Credits or a subscription purchased for a specific account are strictly non-transferable. It is agreed that any remaining or unused membership subscription linked to an active or deactivated account will not be transferable to any other account, whether belonging to you or to another individual.
The Company reserves the prerogative to offer free membership to select individuals at its discretion, concurrently charging other users for the same service. Additionally, the Company retains the right to terminate the free trial period for all or any of its users at any time. It should be noted that a user’s profile, regardless of whether it pertains to a paying subscription or a free membership, may remain posted on the Platforms even if the user is not actively utilizing the Service. You acknowledge that although you may view a user’s profile, you may not be able to communicate with them via the Service if they are not currently active users, even if you are a subscriber.
Hyperlinks
The Platforms may include links, and the Service may facilitate access to websites not operated or maintained by the Company. While we strive to link only to reputable and safe sites for our users, we cannot guarantee the accuracy or content of these sites, nor can we ensure that they will remain unchanged over time. The presence of a link on the Platforms does not constitute an endorsement by us of the linked site. If you choose to visit linked third-party websites, you do so at your own risk. Any interactions or transactions with third parties found on or through the Platforms or Service, including the purchase and delivery of goods or services, are solely between you and such third parties. You acknowledge and agree that neither the Company nor its affiliates shall be liable for any damages or losses arising from or related to the use of, or reliance on, the content, information, statements, advertising, goods, services, or other materials provided by any linked website or resource.
Account Security
The Company employs industry-standard measures to safeguard accounts and data against unauthorized access, use, or disclosure. Nevertheless, it cannot mitigate all potential security threats. You bear sole responsibility for safeguarding your accounts. Furthermore, you commit to promptly informing us of any unauthorized access, use, or disclosure of your user account and associated data or any breach of security. Consequently, the Company disclaims, to the fullest extent permitted by applicable law, any liability for any loss or damage resulting from unauthorized access, use, or disclosure of your user account and associated data.
You consent to the Company's collection, utilization, distribution, transmission, storage, and retrieval of specific information regarding your use of the Service, encompassing, but not limited to, technical, diagnostic, or service level data that the Company's engineers and technicians may utilize to enhance, improve, and upgrade the Service.
Disclaimers
Content Accuracy and Conduct Responsibility:
The Company holds no responsibility for any inaccurate or erroneous Content posted on the Platforms or associated with the Service, whether originating from Platform users, or through equipment or software used in the Service.
The Company does not assume responsibility for any conduct exhibited by users, whether online or offline.
Service Interruptions and Technical Issues:
The Company is not liable for errors, interruptions, delays, or technical malfunctions affecting user communications or the operation of the Platforms or Service.
Any problems with telephone networks, computer systems, servers, or providers, including those resulting in injury or damage, are not the Company's responsibility.
The Company cannot guarantee uninterrupted or error-free operation of the Platforms and Service, nor can it ensure their security. Additionally, it does not guarantee the correction of any defects or errors.
User Interaction and Liability:
Under no circumstances shall the Company be liable for any loss, damage, personal injury, or death resulting from the use of the Platforms or the Service, Content posted on the Platforms, or interactions between users, whether online or offline.
The Platforms and Service serves solely for entertainment and informational purposes, and the Company offers no warranties, either express or implied, regarding the Service or the Platforms.
No Warranties and Limitation of Liability:
The Platforms and Service is designed solely for entertainment and informational purposes. To the maximum extent allowed by applicable law, the Company offers the Platforms and Service on an "as is" and "as available" basis without any warranties, whether express, implied, statutory, or otherwise. This includes all content on the Platforms, and no implied warranties such as satisfactory quality, merchantability, fitness for a specific purpose, expectations of privacy, or non-infringement are provided.
Any material obtained through the use of the Platforms or Service is at the user's discretion and risk, and the user will be solely responsible for any resulting damage to their computer system, internet access, or loss of data. Users are required to waive any claims arising from the download of such material.
User Interaction and Platform Purpose:
The Company cannot assure specific outcomes from the use of the Platforms or the Service, as it functions merely as a venue for individuals to share personal information for dating purposes. The Company does not screen or censor information posted on the Platforms and is not involved in the actual communication between users. Users are solely responsible for their interactions, and the Company disclaims any liability for Member communications.
Occasionally, the Company may provide third-party content on the Platforms or through the Service, for which the respective authors are solely responsible. The Company does not endorse or guarantee the accuracy, completeness, or usefulness of such third-party content. Users should exercise caution and discretion when relying on third-party information or content.
Entertainment and Informational Use:
Any advice or thoughts posted on the Platforms or through the Service are for informational and entertainment purposes only and do not substitute professional advice. The Company disclaims any liability for any treatment, actions, or effects resulting from following the information provided within or through the Platforms. Users should seek professional advice for specific concerns or situations and acknowledge that the Company is not liable for defamatory or illegal materials posted by users.
Users acknowledge that the Company is not liable for any defamatory, offensive, infringing, or illegal materials or conduct, and the Company reserves the right to remove such materials without liability or notice.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company shall not be held liable for any incidental, special, consequential, or indirect damages arising from or related to your use, or inability to use, the Service. This includes damages for loss or corruption of data or programs, service interruptions, or procurement of substitute services, even if the Company is aware of the possibility of such damages. Furthermore, the Company's aggregate liability, under any circumstances, shall not exceed the price paid for your membership or, if no payment has been made, the amount of SG$1.00 or its equivalent.
Additionally, the Company will not be liable for any damages, whether direct or indirect, arising from your conduct or that of any other user in connection with the Service. This encompasses bodily injury, emotional distress, or any other damages resulting from interactions with other users, including those who register under false pretenses or attempt to defraud or harm you.
To the fullest extent permitted by applicable law, you release the Company from any responsibility, liability, claims, demands, or damages arising from disputes between Users or the actions of third parties. You expressly waive any rights under California Civil Code § 1542 or any other statute or common law principles that would otherwise limit the scope of this release. These limitations of liability shall apply even if your remedies under this Agreement fail to fulfill their essential purpose.
Agreement to Receive Legal Documents via Email
By utilizing the Platforms or Service, you agree to accept legal documents such as summons and complaints via the email address associated with your account. Additionally, you acknowledge that email serves as a reasonable method for notifying and serving legal notices for any litigation.
Litigation of Disputes
The Company is committed to resolving disputes amicably and informally, and we encourage you to reach out to us at hello@matchcatch.com or by mail at MatchCatch, Attn: Dispute Manager, 201 Henderson Road, #06-26 Apex @ Henderson, Singapore (159545) before considering litigation.
However, neither party is obligated to resolve any dispute before pursuing litigation. Both you and the Company agree that all disputes will be exclusively litigated in the state and federal courts of the Republic of Singapore, and no other forum.
By using the Platforms and/or Service, you consent to the jurisdiction and venue of the federal or state courts in the Republic of Singapore.
You and the Company agree not to bring or participate in any class action or other class proceeding related to any dispute with the other party. If you access the Platforms or use the Service from outside of the Republic of Singapore, you waive all rights under the laws and regulations of the territory from which you access or use the Platforms or Service.
This Agreement and any dispute between you and the Company shall be governed by the Republic of Singapore, without regard to principles of conflicts of law.
Indemnity
You commit to defending, indemnifying, and absolving the Company's officers, directors, employees, agents, affiliates, and subsidiaries from any claims, actions, or demands arising from your utilization of the Platforms or the Service or from any violation of the terms outlined in this Agreement. This includes breaches of your representations and warranties, any content or postings you contribute to the Platforms, and any infractions of laws or regulations. You, and your estate in the event of your demise, also affirm that this indemnification clause extends to all third-party claims, actions, or demands, encompassing those brought forth by your spouse, children, family, or other dependents. Furthermore, you agree that this indemnification provision encompasses all damages, expenses, or costs related to the aforementioned claims, comprising reasonable legal and accounting fees. The Company reserves the right to assume full control and exclusive defense of any matter subject to indemnification by you, and you pledge to cooperate fully with the Company in such instances.
General Provisions
If you violate this Agreement, it could cause irreparable harm to the Company. Therefore, you agree that the Company can seek extraordinary relief in court, including temporary restraining orders, preliminary injunctions, and permanent injunctions, without having to provide a bond or other security. This is in addition to any other rights or remedies the Company may have for a breach of this Agreement.
This Agreement, which you accept by using the Platforms and/or Service and further confirm by becoming a user of the Service, along with the Privacy Policy found on the Platforms and any relevant payment, renewal, and additional Service terms, constitutes the entire Agreement between you and the Company regarding the use of the Platforms and/or the Service. It supersedes any previous agreements between you and the Company concerning your use of the Platforms or Service, including any prior versions of this Agreement.
Unless explicitly stated otherwise, this Agreement remains valid even after you terminate your registration for the Service.
If any provision of this Agreement is found to be invalid, the rest of the Agreement will still apply in full force and effect.
The Company's failure to enforce any right or provision of this Agreement does not waive its right to enforce such provision in the future.
You acknowledge that your online account is non-transferable, and all rights to your profile or content within your account end upon your death.
This Agreement does not create any agency, partnership, joint venture, or employment relationship between you and the Company, and you cannot represent or bind the Company in any way.
Information and Services provided on the Platforms in a language other than English are offered for convenience when available. However, all services, obligations of the Company, and communication between the parties concerning this Agreement will be in English. If there are errors, omissions, or discrepancies in the translation on the Platforms, the English version will prevail.
Notice
The Company reserves the right to send you notices, such as updates to this Agreement, through various means, including email, postal mail, SMS, MMS, text message, or postings on the Platforms. However, if you access the Service in an unauthorized manner, you may not receive these notices. By agreeing to this, you acknowledge that you are considered to have received all notices that would have been sent if you had accessed the Service in an authorized manner.
Revision Date and Amendment
The Company reserves the right to modify this Agreement at any time. If you are a non-subscribing user when the changes are made, they will take effect when they are posted on the Platforms. Your use of the Service after this posting constitutes acceptance of the revised Agreement. If you are a subscribing user at the time of the changes, the existing Agreement will continue to govern your membership until renewal, as permitted by applicable law. If you choose to renew your membership, you accept the revised Agreement. Alternatively, if you terminate your subscription, your continued use of the Service afterward implies acceptance of the current Agreement.