Terms of Service
Last updated: June 20, 2022
General Terms – All Users
1. Your Relationship With Us
Welcome to Sellout (the “Platform”).
These terms of service (the “Terms”) as may be amended from time to time govern the relationship and serve as an agreement between you and Technology Innovation System Pte Ltd. (the “Company”, “we”, or “us”) and set forth the terms and conditions by which you may access and use the Platform and our related services, applications, products and/or content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
These Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
2. Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with the Company, that you accept these Terms (including any supplemental terms appended hereto) and that you agree to comply with them. Your access to and use of our Services are also subject to our Privacy Policy and Community Guidelines (where applicable), the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable store, and such terms are incorporated herein by reference.
The Services are only intended for individuals 13 years old and over. In addition, if you are under 18 years old or the applicable age of majority in the jurisdiction you reside in, you may only access or use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you agree to these Terms on behalf of the business or entity, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others, regardless of whether or not they are affiliated with your business or entity, including any employees, agents or contractors.
You can accept these Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms from that point onwards.
3. Changes to the Terms
TIS may make changes to the TOS from time to time. When these changes are made, TIS will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, TIS will treat your use as acceptance of the updated TOS.
4. Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide us with true, complete, accurate and up-to-date information. It is important that you maintain and promptly update your account details and any other information you provide to us, to keep such information current and complete.
You acknowledge and agree that:
(a) you are solely responsible for maintaining the security and confidentiality of your account login details;
(b) you are solely responsible (to us and to others) for all activities on the Platform that occur under or through the use of your account. If you are accessing the Platform or using the Services on behalf of a business or entity, all such activities will be attributable to and binding on such business or entity; and
(c) The Company and its affiliates may, but shall have no obligations to, monitor activities on the Platform that occur under or through the use of your account, but shall not be responsible for any losses incurred by you as a result of or arising from any unauthorised access to your account.
We reserve the right to temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services with or without notice at any time for any or no reason including:
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if we have reasonable grounds to believe you have violated, or are about to violate, the Terms, including any incorporated agreements, policies or guidelines, or any applicable laws or regulations;
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if activities occur on your account which, in our sole discretion, would or might cause damage to us, impair our ability to provide the Platform or Services, or infringe or violate any third-party rights (including intellectual property rights);
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in response to requests by law enforcement or other government agencies under valid legal process;
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due to unexpected technical or security issues or problems; or
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if there are extended periods of inactivity in your account.
If we permanently suspend or terminate your account, we will notify you in advance in order to allow you time to access and save your information and content unless we have reason to believe that continued access to your account will cause damage to us or our Services, or where doing so will violate requests by law enforcement or other government agencies, applicable laws or regulations or third party rights.
Subject to any statutory rights you might have, if your account is temporarily or permanently suspended or terminated, access to your account, and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should regularly make backups of any content you value.
If you no longer want to use our Services, you can request the deletion of your account by contacting us via techinnosys.main@gmail.com, and we will provide you with further assistance and guide you through the process of the deletion of your account. Please be aware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have uploaded, created, edited, shared, received from other users or are otherwise associated with your account.
5. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
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access or use the Services if you are not fully able and legally competent to agree to these Terms or if you are not authorized to use the Services by your parent or legal guardian or the business or entity that you represent;
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take or attempt to take any of the following actions: copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works based on, the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
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modify or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
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distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
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market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
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interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or circumvent or bypass any measures we may use to prevent or restrict access to the Services;
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incorporate the Services or any portion thereof into any other program or product;
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impersonate any person or entity or otherwise misrepresent your affiliation;
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use automated scripts to collect information from or otherwise interact with the Services;
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use the Services to upload, transmit, distribute, store or otherwise make available in any way computer codes (including malware or software) or files that contain viruses, trojans, worms, spyware, adware, key loggers, logic bombs or any other material that is malicious, technologically harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data (“Harmful Code”);
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use the Services in a manner that violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
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use the Services to troll, bully, harass, intimidate, cause distress to, threaten, hurt, embarrass, upset, defame, provoke or antagonise other persons;
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use the Services to communicate or make available any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; or
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engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
6. Intellectual Property Rights
The Services are protected under the laws of copyright, patent, trademarks and other intellectual property rights of the countries where the Services are available. All intellectual property rights in the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Without prejudice to the other terms in these Terms, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights, or access or use the Services or any content therein for any commercial or unauthorized purposes. We reserve the right, with or without notice, at any time and in our sole discretion to block access to the Services or suspend or terminate the account of any user who infringes or is alleged to infringe any intellectual property rights or proprietary rights.
7. Content
Company’s Content
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As between you and the Company, all content, software, images, text, graphics, illustrations, logos, stickers, filters, animations, effects, templates, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on, and “look and feel” of, the Services, and all intellectual property rights related thereto (the “Company’s Content”), are either owned or licensed by the Company. Use of the Company’s Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. The Company’s Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
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Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device, and to access the Company’s Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. The Company reserves all rights not expressly granted herein in the Services and the Company’s Content. You acknowledge and agree that the Company may terminate this license at any time for any reason or no reason.
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You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Services.
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We make no representations, warranties or guarantees, whether express or implied, that any Company’s Content is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, such as in the form of advertisements, these links are provided for your information only. We have no control over the contents of those sites or resources. The presence of such links on our Platform, or presentation of such links to you as targeted advertisements during your use of the Service, should not be interpreted as any endorsement or approval by us of those linked websites, operators of those websites, or information you may obtain from them, or any representation that we have reviewed the contents of such websites. Your use of such websites may be subject to terms and conditions (including privacy policies) between the providers of such websites and you. We have no control over such terms and conditions and shall under no circumstances be a party to any arrangement (including agreement) or understanding between you and such providers.
8. Limited License
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not TIS, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
9. Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to TIS that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, colour, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with TIS, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of TIS or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (13) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with TIS; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that TIS has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which TIS may suffer) of any such breach. In case of breach of any one of these agreements TIS has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify TIS and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or TIS has a reasonable ground to suspect that you have violated the terms of this Section, TIS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
10. Material Posted Through the Service
TIS will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-TIS content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will TIS be liable in any way for any non-TIS content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that TIS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, TIS and its designees shall have the right to remove any content that violates the TOS or is deemed by TIS, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
11. Indemnity
You agree to defend and hold TIS, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
12. No Resale of Service
Other than pursuant to the terms of the Limited License in Section 8 of this TOS or unless otherwise agreed in a separate agreement between you and TIS, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
13. Modifications to Service
TIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that TIS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from TIS. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit TIS to deliver these to you) as part of your use of the Services.
14. Termination
The TOS will continue to apply until terminated by either you or TIS as set out in this Section.
If you want to terminate your legal agreement with TIS, you may do so by notifying TIS at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to TIS’s address, which is set out at the beginning of the TOS.
TIS may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) TIS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom TIS offered the Services to you has terminated its relationship with TIS or ceased to offer the Services to you; (4) TIS is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by TIS is, in TIS’s opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that TIS shall not be liable to you or any third party for any termination of your access to the Services.
15. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and TIS have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all sections in this TOS shall continue to apply to such rights, obligations, and liabilities indefinitely.
16. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that TIS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
17. Hyperlinks and the TIS Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because TIS has no control over such sites and resources, you acknowledge and agree that TIS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TIS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
18. TIS’s Proprietary Rights
You acknowledge and agree that TIS (or TIS’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by TIS and that you shall not disclose such information without TIS’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by TIS, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of TIS and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
TIS, Inc., TIS, and other TIS logos and product and service names are trademarks of TIS and these marks together with any other TIS trade names, service marks, logos, domain names, and other distinctive brand features are the “TIS Marks”. Unless you have agreed otherwise in writing with TIS, other than through the Limited License in Section 8, nothing in the TOS gives you a right to use any TIS Marks and you agree not to display, or use in any manner,
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by TIS, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, TIS grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TIS, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TIS, in the manner permitted by the TOS. Unless TIS has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by TIS for use in accessing the Service. Any rights not expressly granted herein are reserved.
19. Disclaimer of Warranties
You expressly acknowledge and agree that: (1) your use of the services are at your sole risk. The services are provided on an “as is” and “as available” basis. TIS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. (2) TIS makes no warranty that (a) the services will meet your requirements; (b) the services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations and (e) any errors in the software will be corrected. (3) any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (4) no advice or information, whether oral or written, obtained by you from TIS or through or from the services shall create any warranty not expressly stated in the TOS. (5) you should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. TIS does not control or endorse any actions resulting from your participation in the services and, therefore, TIS specifically disclaims any liability with regard to any actions resulting from your participation in the services.
20. Limitation of Liability
Within the limits allowed by applicable laws, you expressly acknowledge and agree that TIS shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TIS has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in through or from the services, (v) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorized access to or alteration of your transmissions or data; (f) the improper authorization for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.
21. Notice
Notices to you may be made via either email or regular mail. TIS may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
Technology Innovation System Pte Ltd, 61 Ubi Road 1, Oxley Bizhub 1, #02-04, Singapore 408727
Any notices that you provide without compliance with this section on Notices shall have no legal effect.