Terms of Service

Last Updated: JANUARY 4th, 2022

This internet platform, ItAllStartsHear.SG (“Platform”) is owned and operated by ItAllStartsHear.SG Pte Ltd (UEN: 202129677H) a company registered in Singapore ("Us" or "we")

 

These Terms of Service (“Terms”) apply to your access to and use of the ItAllStartsHear.SG platform and other online products and services (collectively, the “Services”) provided by us.

 

On this platform, we outline THREE forms of services provided and the THREE types of USERS (collectively termed as "Users") of this site.

Three Forms of USERS:

  1. MEMBERS ("MEMBERS" or "You") are all who avail themselves of this site for its Services.

  2. HEAR BUDS ("HEAR BUDS") are volunteer-based individuals who provide the service of non-medical, non-clinical, non-counselling, non-crisis-related listening to  MEMBERS.

  3. CAREER GUIDES ("CAREER GUIDES") are volunteer-based individuals who provide informal mentorship and guidance that is non-medical, non-clinical, non-counselling, non-crisis-related to MEMBERS.

Three Types of Services:

  1. In our HEAR BUDS service ("HEAR BUDS SERVICE"), we facilitate the connection between HEAR BUDS with MEMBERS  who seek non-medical, non-clinical, non-counselling-related, non-crisis-related conversations via the platform.

  2. In our CAREER GUIDES service ("CAREER GUIDES SERVICE"), we facilitate the connection between CAREER GUIDES with MEMBERS  who seek informal mentorship, guidance and non-medical, non-clinical, non-therapeutic, non-counselling life advice via the platform.

  3. In our READ / LISTEN service ("READ / LISTEN SERVICE"), we publish various content and services provided by third-parties. This include but are not limited to links to podcasts, publishing of activities by third-partiers, content shared via a blog and a forum where any User (including MEMBERS, HEAR BUDS, and CAREER GUIDES) may discuss, post content, or share content. We have obtained consent from all third-parties to publish their content or services on the platform. 

  4. In our FREE THERAPY service, we partner with third-party counselling students and volunteer counsellors to match with MEMBERS who are seeking Free Therapy. These counselling students and volunteer counsellors are either undergoing practicum or have completed their counselling practicum. They are also supervised by registered counselling Clinical Supervisors. We perform the purely in the service of facilitating this matching between MEMBERS and third-party counselling students and volunteer counsellors. 

More terms and conditions around each type of User can be found in PART A.

All access and use of the platform is subject to these terms and conditions (“Terms and Conditions”). By accessing or using our platform including posting any content from, on or through the platform, or registering for an account with the platform , you accept and agree to be bound by these Terms and Conditions, whether or not you have registered with the platform . 

​If you do not agree with these Terms and Conditions, you must exit immediately and not access or use the platform at any time, nor register for an account with the platform. 

These Terms and Conditions may be modified from time to time and shall apply to all Users from the time of modification. Any changes to these Terms and Conditions will be marked by the last updated date above. Please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at any time. 

If you have any questions about these Terms or our Services, please contact us at itallstartshearsg@gmail.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

PART A: TERMS OF SERVICE

SERVICE-SPECIFIC TERMS

1) TERMS OF HEAR BUD SERVICE

ItAllStartsHear.SG provides the service of matching MEMBERS to HEAR BUDS to engage in video, voice calls or text conversation via zoom at both the MEMBER's and HEAR BUD's discretion.

This Service is not intended to be medical, psychiatric, psychotherapeutic, counselling in nature or a crisis helpline or any other mental healthcare service, nor should Users, including MEMBERS and HEAR BUDS, treat this as such. MEMBERS also note that this  Service  is not intended to be a replacement, nor should it dissuade you from seeking medical or mental health services.

 

Use of this Service  is not intended to create any form of professional relationship, be it as life-coach to client, patient to professional, counsellor to client.

 

By accepting the terms and conditions prior to engaging HEAR BUDS, MEMBERS understand and acknowledge that HEAR BUDS are not providing a medical or mental healthcare service through the Services.

For MEMBERS using the HEAR BUDS Service, you also agree that the following topics are absolutely not permitted while using our service:

  • Any hate speech: defined as attacks on people's race, religion, sexual orientation, mental health, or serious disease or disability.

  • Politics

  • Sex Chats

  • Personal information gathering: no solicitation for any personal information, whether from our HEAR BUDS or for any Users’ personal information.

  • Criminal intentions or confessions: as confidential as we hope our chats to be, we are not allowed to lawfully withhold information should there be mention of a crime or planning of a crime.

You also agree that the below topics are beyond the abilities of our HEAR BUDS, in accordance as outlined in the above. If you experience any of the issues below, we are unable to assist. Instead, please do immediately seek professional advice. We provide some relevant resources on our resources page.

  • Suicidal thoughts or self-harm

  • Domestic Violence

  • Mental or Physical Health conditions

  • Teenage Pregnancy

  • Financial Assistance

Our Services are not intended to be a substitute for professional medical advice or treatment. You should always seek the advice of your physician or other qualified healthcare professional with any questions you may have regarding a medical condition or treatment. You should never disregard professional medical advice or delay in seeking medical advice or treatment because of our Services. If you think you may have a medical emergency, contact the emergency hotline or your physician or other healthcare professional immediately.

 

Any information available through our Services, including those obtained from the HEAR BUDS, is for informational purposes only and should not be considered as a diagnosis or professional recommendation or endorsement of any medical treatment, product, drug or any other healthcare service.

HEAR BUDS understand that our service is not intended to be a medical service or a platform for HEAR BUDS to promote therapeutic services. HEAR BUDS agree that you will not represent yourself on the Services or to other users, including but not limited to Users, as providing medical, behavioural health or other healthcare services through our Services.

2) TERMS OF CAREER GUIDE SERVICE

ItAllStartsHear.SG provides the service of matching MEMBERS to CAREER GUIDES to engage in video calls via zoom at both the MEMBER's and vGUIDE’S discretion.

This Service is not intended to be medical, psychiatric, psychotherapeutic, counselling in nature and is not a crisis helpline or any other mental healthcare service, nor should any users, including MEMBERS and CAREER GUIDES , treat them as such.

 

MEMBERS also note that this Service is not intended to be a replacement, nor should  it dissuade you from seeking medical or mental health services.

 

Use of this Service  is not intended to create any form of professional relationship, be it life-coach to client, patient to professional, counsellor to client.

 

By accepting the terms and conditions prior to engaging CAREER GUIDES, MEMBERS understand and acknowledge that CAREER GUIDES are not providing a medical or mental healthcare service through the Services.

For MEMBERS using the CAREER GUIDES Service, you also agree that the following topics are absolutely not allowed while using our service:

  • Any hate speech: defined as attacks on people's race, religion, sexual orientation, mental health, or serious disease or disability.

  • Politics

  • Sex Chats

  • Personal information gathering: no solicitation for any personal information, whether from our CAREER GUIDES or of other Users’ personal information.

  • Criminal intentions or confessions: as confidential as we hope our chats to be, we are not allowed to lawfully withhold information should there be mention of a crime or planning of a crime.

You also agree that the below topics are beyond the abilities of our CAREER GUIDES, in accordance as outlined in the above. If you experience any of the issues below, we are unable to assist. Instead, please do immediately seek professional advice. We provide some relevant resources on our resources page.

  • Suicidal thoughts or self-harm

  • Domestic Violence

  • Mental or Physical Health conditions

  • Teenage Pregnancy

  • Financial Assistance

Our Services are not intended to be a substitute for professional medical advice or treatment. You should always seek the advice of your physician or other qualified healthcare professional with any questions you may have regarding a medical condition or treatment. You should never disregard professional medical advice or delay in seeking medical advice or treatment because of our Services. If you think you may have a medical emergency, contact the emergency hotline or your physician or other healthcare professional immediately.

 

Any information available through our Services, including those obtained from the CAREER GUIDES, is for informational purposes only and should not be considered as a diagnosis or professional recommendation or endorsement of any medical treatment, product, drug or any other healthcare service.

CAREER GUIDES understand that our service is not intended to be a medical service or a platform for CAREER GUIDES to promote therapeutic services. CAREER GUIDES agree that you will not represent yourself on the Services or to other users, including but not limited to Users, as providing medical, behavioural health or other healthcare services through our Services.

3) TERMS OF READ / LISTEN SERVICE

We have obtained permission from third party content creators to publish their content on this platform. This includes content shared via podcasts, videos or blog post. We reserve to write to remove any of this content at any time.

We also publish activities ("THIRD PARTY SERVICES") from third-party hosts. These THIRD PARTY SERVICES includes but are not limited to volunteering, activities related to mental and physical health, live streams, support groups and self-improvement programs. We reserve the right to remove any of these THIRD PARTY SERVICES at any time and are not accountable for the quality of THIRD PARTY SERVICES provided.

Please see PART B USER GENERATED CONTENT for the full terms around this content, but below are terms relating to the content shared by any USER.

You must not provide any personal data, whether relating to yourself or otherwise, on the Platform.

 

Any user contributions shall comply with these content standards. Contributions must: 

  1. Be accurate (where they state facts). 

  2. Be genuinely held (where they state opinions). 

  3. Comply with applicable law in the Singapore and in any country from which they are posted.

They must not:

  1. Contain any material which is defamatory of any person. 

  2. Contain any material which is obscene, offensive, hateful or inflammatory. 

  3. Contain sexually explicit material. 

  4. Promote violence. 

  5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 

  6. Infringe any intellectual property right of any other person. 

  7. Be likely to deceive any person. 

  8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  9. Promote any illegal activity. 

  10. Be threatening, abuse or invade another’s privacy, or harass any other person as defined under the Protection from Harassment Act (Cap. 256A) of Singapore. 

  11. Be used to misrepresent your identity or affiliation with any person. 

  12. Advocate, promote or assist any unlawful act such as copyright infringement or computer misuse. 

This is further reiterated below in Part B USER GENERATED CONTENT for full terms.

4) TERMS OF FREE THERAPY SERVICE

We facilitate the matching of MEMBERS to third-party trained counsellors and counselling trainees. We perform basic screening to ensure that these third-parties are either 1) currently enrolled in a counselling school and are undergoing practicum, 2) Have completed a counselling course with practicum, 3) Have a clinical supervisor to guide their practice.

All third-party trained counsellors and counselling trainees are bound to practice under the Singapore Association of Counselling (SAC) Code of Ethics which can be found here.

USER-SPECIFIC TERMS

1) MEMBER TERMS

You must be 18 years of age or older to register as a MEMBER.

 

You may only create one account and will be responsible for any activity that happens on or through your account. You must keep your password confidential. If you discover any unauthorised use of your account, please contact us at itallstartshearsg@gmail.com.

By creating an account and/or using this Platform, you confirm that you have the right, authority and capacity to enter into this Terms and Conditions. You further confirm that (a) all information provided is truthful and accurate, and that you will continue to maintain the accuracy of all information, and (b) you will be using the Platform for your personal use. 

​​

MEMBERS are users of our Services who are looking to speak to a person, namely HEAR BUDS or LIFE GUIDES, about their personal thoughts, experiences or emotions; or to seek guidance specifically from our LIFE GUIDES. 

MEMBERS understand and agree that HEAR BUDS and LIFE GUIDES are not providing any professional advice even if they are professionals in their own fields. All skills, degrees, qualifications, credentials or background of any HEAR BUD or LIFE GUIDE are represented by the HEAR BUD or LIFE GUIDE themselves and it is their sole responsibility to provide accurate information, whether in their profile description or in the course of their interactions with MEMBERS.

 

Our platform makes no warranty that MEMBERS will be matched with a particular HEAR BUD or LIFE GUIDE or any of the both at all, or as to the quality of an individual HEAR BUD OR LIFE GUIDE’s listening, or that Users will find speaking to a HEAR BUD useful, helpful or satisfactory.

Users acknowledge that their interactions with a HEAR BUD may result in the sharing of sensitive or personal information and agree that all of these Terms apply to any of their interactions with other Users, including HEAR BUDs.

 

Users may use our Services without sharing personal information with other users, including HEAR BUDS. Users acknowledge that any disclosure of their personal information to other users, including HEAR BUDS, is at their own risk and that all of these Terms apply to such disclosures.

 

Users understand that HEAR BUDS are wholly responsible for the accuracy of any descriptions of their own skills, credentials, qualifications, competence or background.

Visitors to the Platform under the age of 18 are not permitted to use our services.

When you book a session with a HEAR BUD, you agree that your name or nickname, which is up to your discretion to provide, and your email, will be provided to your preferred HEAR BUD to facilitate the virtual call via zoom.

For MEMBERS using the HEAR BUDS Service, you also agree to the terms of service, which are reflected in Part A TERMS OF HEAR BUD SERVICE and in our Frequently Asked Questions (FAQ) section, ​

 

We reserve the right to disable or suspend your account if you are in breach of these Terms and Conditions or for any other reasons.

2. HEAR BUDS Terms

HEAR BUDS are Users of our Services who sign up to engage with other Users by being on-demand listeners. 

 

HEAR BUDS acknowledge that their interactions with others Users, including MEMBERS, may expose them to sensitive or personal information and agree that all of these Terms apply to any of their interactions with other Users, including Users who are negative or upsetting in any manner.

HEAR BUDS agree not to ask any Users to disclose his or her real name, address, phone number, or social media handles and to keep confidential all information disclosed by MEMBERS during any interaction between HEAR BUDS and MEMBERS through the Services, unless otherwise required by the Law of Singapore.

 

Our platform permits you to complete your own HEAR BUDS profile, where you will have the opportunity to describe yourself in a variety of ways. You represent and warrant that any descriptions of degrees, licenses, certifications, training programs, education, or other experience that you have obtained or performed is accurate and you agree to provide proof of any accreditation or professional experience when requested by us.

 

Regardless of any accreditation or professional experience you may have obtained or listed on your platform profile, you will not represent yourself on the Services or to other Users, including but not limited to MEMBERS, as providing medical services, including mental health or therapeutic services, or professional services of any kind, through our Services.

 

You will not dissuade MEMBERS or any other users from seeking medical services, including mental health services, and will encourage Users and other MEMBERS to seek professional advice and services if you are concerned about their well-being.

When you sign up as a HEAR BUD, you agree to have listener training prior to by US engaging any MEMBERS. You agree that we might monitor some of your interactions for quality control, but as it is impossible for us to monitor every single interaction, you agree to abide by the basic code of conduct of listening as stipulated below:

  1. To listen non-judgmentally and acceptingly.

  2. To be genuine.

  3. To help and not to harm.

  4. To not take calls or go into conversations that we are not capable or qualified of going into.

  5. To encourage individuals to seek the right avenues should they mention it.

  6. To keep the contents of the conversation and any personal information you share before, during or after the call confidential - unless required strictly by the Law. The only reasons we would violate confidentiality is any intention of harm to yourself, to other people, or when you fear for someone’s life.

  7. To decline any request by Member, or suggest to a Member, to meet face-to-face for whatever reasons

Our platform does not offer or guarantee compensation of any kind to HEAR BUDS for their engagement with our Services. At our sole discretion, we may offer compensation to HEAR BUDS under certain conditions. 

3. CAREER GUIDE Terms

CAREER GUIDES are users of our Services who sign up to engage with other Users by being on-demand mentors. 

 

CAREER GUIDES acknowledge that their interactions with others Users, including MEMBERS, may expose them to sensitive or personal information and agree that all of these Terms apply to any of their interactions with other users, including all Users of this site. 

CAREER GUIDES agree not to ask any Users to disclose his or her real name, address, phone number, or social media handles and to keep confidential all information disclosed by MEMBERS during any interaction between HEAR BUDS and MEMBERS through the Services, unless otherwise required by the Law of Singapore.

 

Our platform permits you to complete your own CAREER GUIDE profile, where you will have the opportunity to describe yourself in a variety of ways. You represent and warrant that any descriptions of degrees, licenses, certifications, training programs, education, or other experience that you have obtained or performed are accurate and you agree to provide proof of any accreditation or professional experience when requested by us.

 

Regardless of any accreditation or professional experience you may have obtained or listed on your platform profile, you will not represent yourself on the Services or to other Users, including but not limited to MEMBERS, as providing medical services, including mental health or therapeutic services, or professional services of any kind, through our Services.

 

You will not dissuade MEMBERS or any other users from seeking medical services, including mental health services, and will encourage Users and other MEMBERS to seek professional advice and services if you are concerned about their well-being.

When you sign up as a CAREER GUIDE, you agree to have mentoring training by Us prior to engaging any MEMBERS. You agree that we might monitor some of your interactions for quality control, but as it is impossible for us to monitor every single interaction, you agree to abide by the basic code of conduct of listening as stipulated below:

  1. To listen non-judgmentally and acceptingly.

  2. To be genuine.

  3. To help and not to harm.

  4. To not take calls or go into conversations that we are capable or qualified of going into.

  5. To encourage individuals to seek the right avenues should they mention it.

  6. To keep the contents of the conversation and any personal information you share before, during or after the call confidential - unless required strictly by the Law. The only reasons we would violate confidentiality is any intention of harm to yourself, to other people, or when you fear for someone’s life.

  7. To decline any request by Member, or suggest to a Member, to meet face-to-face for whatever reasons

 

Our platform does not offer or guarantee compensation of any kind to HEAR MENTORS for their engagement with our Services. At our sole discretion, we may offer compensation to LIFE GUIDES under certain conditions. 

PART B: GENERAL TERMS

1. Eligibility

You must be at least 18 years of age to use our Services. If you are under 18 years of age, you may not use our Services.

 

You may only create one account and will be responsible for any activity that happens on or through your account. You must keep your password confidential. If you discover any unauthorised use of your account, please contact us at itallstartshearsg@gmail.com

By creating an account and/or using this Platform, you confirm that you have the right, authority and capacity to enter into this Terms and Conditions. You further confirm that (a) all information provided is truthful and accurate, and that you will continue to maintain the accuracy of all information, and (b) you will be using the Platform for your personal use. 

 

We and/or your Administrator can disable or suspend your account if you are in breach of these Terms and Conditions or for any other reasonable reason. We shall not be responsible for any actions taken by your Administrator in relation to your account. 

2. User Accounts and Account Security

You may need to register for an account to access some or all of our Services (“Account”). If you register for an Account, you must provide accurate Account information and promptly update this information if it changes. You also must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You should never publish, distribute or post login information for your Account. You must not use another person’s Account or registration information for the Services without permission. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. License and Platform access.

We grant you a limited license to access and make personal use of this Platform. No right, title or interest in our materials is conveyed to you. You may not download (other than page caching) or modify this Platform, or any portion of it, except with our prior express written consent.

 

This license does not include any resale or commercial use of this Platform or its materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  

This Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by us. 

In accessing and using our Platform, you may not: 

  1. do so in any way that breaches any applicable local, national, or international law or regulation; 

    1. do so in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; 

    2. transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); 

    3. knowingly transmit any data, send, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; 

    4. download (other than page caching) or modify this Platform, or any portion of it without our prior express written consent; 

    5. make any derivative use of the Platform or its materials; 

    6. use data mining, robots, or similar data gathering and extraction tools; 

    7. use our trademarks or names in metatags and/or hidden text for purposes of gaining higher rankings from search engines, resulting in unfair competition; 

    8. link to any web page on this Platform; 

    9. frame, inline link or utilise other techniques to associate or juxtapose any of our trademarks, logos, or other material with advertisements and/or other information not originating from the Platform; 

    10. do anything else which could cause damage to the Platform, us and our employees, our reputation, or would otherwise have a negative impact on us; or 

    11. aid or abet any of the above. 

Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms and Conditions, we reserve the right to seek all remedies available by law and in equity. We retain the right at our sole discretion to deny access to anyone to this Platform, at any time and for any or no reason, including, but not limited to, for violation of these Terms and Conditions. 

4. User Generated Content

 

This site may include information and materials uploaded by other users of the Platform, including blog articles, profiles, messages from other HEAR BUDS or testimonials from USERS (“User Content”).

 

This information and these materials have not been verified or approved by us, and we do not necessarily review all User Content. The views expressed by other users on our sites do not represent our views or values. Such User Content shall be the sole responsibility of the user who posted such content. 

Whenever you make use of a feature that allows you to upload content to our sites, you must comply with the content standards set out in these Terms and Conditions.

 

You warrant that any such contribution will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. 

You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties in accordance with this Terms and Conditions and as required by law. 

​​

You must not provide any personal data, whether relating to yourself or otherwise, on the Platform.

 

Any user contributions shall comply with these content standards. Contributions must: 

  1. Be accurate (where they state facts). 

  2. Be genuinely held (where they state opinions). 

  3. Comply with applicable law in the Singapore and in any country from which they are posted.

They must not:

  1. Contain any material which is defamatory of any person. 

  2. Contain any material which is obscene, offensive, hateful or inflammatory. 

  3. Contain sexually explicit material. 

  4. Promote violence. 

  5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 

  6. Infringe any intellectual property right of any other person. 

  7. Be likely to deceive any person. 

  8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  9. Promote any illegal activity. 

  10. Be threatening, abuse or invade another’s privacy, or harass any other person as defined under the Protection from Harassment Act (Cap. 256A) of Singapore. 

  11. Be used to misrepresent your identity or affiliation with any person. 

  12. Advocate, promote or assist any unlawful act such as copyright infringement or computer misuse. 

If you wish to raise any objections about information and materials uploaded by other users, please use the “Report Post” function on the Platform or contact us on itallstartshearsg@gmail.com. We may review the User Content to determine whether it is illegal or if violates any of our policies, and we will remove or refuse to display such User Content if we believe that it violates the law or any of our policies.

5. Prohibited Conduct and Content

All users will not violate any applicable law, contract, intellectual property right or other third-party right, and you are solely responsible for your conduct while using our Services.

 

Below is the code of conduct across use of all our services, including but not limited to conversations between MEMBERS and HEAR BUDS. You may not act, speak, upload content, share, converse, talk about anything where the content:

  • Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  • Impersonates, or misrepresents your affiliation with, any person or entity;

  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;

  • Contains any private or personal information of a third party without such third party’s consent, including but not limited to the Recordings and other content of communications you have with other users through the Services, as a Listener or a Talker, on publicly available areas of our Services;

  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose us or others to any harm or liability of any type.

 

Enforcement of this Section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

6. We may suspend or withdraw the platform

 

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

7. Links to other websites

 

Links may be established from this Platform to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to this Platform. None of such links should be deemed to imply that we endorse the Third Party Sites or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

8. Limitation of Liability

 

This site and all information, content, materials and services included on or otherwise made available to you through this Platform are provided on an "as is" and "as available" basis, unless otherwise specified in writing.  We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or services included on or otherwise made available to you through this Platform, unless otherwise specified in writing. You expressly agree that your use of this Platform is at your sole risk. 

 

We do not warrant that this Platform, information, content, materials or services included on or otherwise made available to you through this site, their servers, or email sent from us are free of viruses or other harmful components. 

 

With respect to products sold on this Platform, our express warranties are limited to those specified with each product. To the fullest extent permissible by applicable law, we disclaim all other warranties, whether express or implied. 

 

We make no representation or warranty whatsoever as to (a) the accuracy or availability of the Platform, (b) the willingness or ability of the HEAR BUDS to listen, respond and/or give advice, or (c) whether the MEMBERS will find the advice useful, satisfactory or relevant. 

 

In no event will we be liable to any party for the following kinds of damages of any kind arising from the use of this Platform or from the use of or reliance on any information, content, materials (including software) or products and/or services included on or otherwise made available to you through this site, including, but not limited to 

  1.  direct, indirect, incidental, punitive, and consequential damages, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if we were expressly advised about the possibility of such damages, unless otherwise specified in writing; 

  2.  losses and/or damages that are not covered by our specific product warranties; or 

  3.  losses and/or damages caused by your violation of these Terms and Conditions. 

Nothing in these Terms and Conditions of use excludes or limits our liability that cannot be excluded or limited by law. 

 

If you are considering suicide, or harming yourself or others, or if you have a medical emergency, you should immediately seek help and contact the police or emergency medical services. The 24hr hotline for the police is 999, 995 for emergency ambulance or 1777 for private ambulance. Alternatively, you could contact Samaritans of Singapore at 1800-221-4444.  

 

9. Indemnity

You hereby indemnify us and our affiliates, officers, agents, partners and employees and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of the information you submit, post to or transmit through our sites, your access or use of our sites, your violation of any terms in these Terms and Conditions or your violation of any rights of another.

10. Other terms that may apply to you

These Terms and Conditions will also refer to our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.

11. Third party rights

The Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore is expressly excluded and shall not apply to these Terms and Conditions.
 

12. Severance

 

If any provision in these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, that provision shall be deemed severable. Any modification to or deletion of a provision shall not affect the validity and enforceability of any remaining provisions.

13. Waiver

 

No failure or delay by a party to exercise any right or remedy provided under this Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14. Applicable Law

By visiting this site, you agree that the laws of the Republic of Singapore without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between us without regard to principles of conflict of laws.

15. Disputes

Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by litigation in the courts of the Republic of Singapore.

16. ENTIRE AGREEMENT 

These Terms and Conditions (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and us with respect to the Platform, our services, and your dealings and relationships with us. These Terms and Conditions supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.