These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the EmergentX website (the “Site”). This Agreement is legally binding between you and EmergentX Pte. Ltd. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Site. By accessing and using the Site, you acknowledge that this Agreement is a contract between you and EmergentX Pte. Ltd. even though it is electronic and is not physically signed by you, and it governs your use of the Site.
By accepting these Terns, you represent and acknowledge that you:
Although the Site may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked resource, unless specifically stated. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link of the Site. Your linking to any other off-site resource is at your own risk.
In addition to these terms as set forth in this Agreement, you are prohibited from using the Site and Content (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances ,(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, discharge, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, third party products and service, or the internet, (h) to spam, phish, pharm, pretext, spider, crawl, or scrape, (i) for any obscene or immoral purpose, or (j) to interfere with or circumvent the security features of the Site, third party products and services, or the internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
We put reasonable efforts in ensuring that the Site is accessible to you at any time. There may be, however, disruptions and downtimes due to technical and network issues, maintenance and/or events beyond our control. While we use reasonable efforts to avoid such disruptions, we do not assume any liability for consequences arising from you being unable to access the Site. You must immediately notify us if you become aware of any malfunctioning of the Site.
We reserve the right to modify the Site from time to time without prior notification. It is in our sole discretion to restrict or deny access to certain wallets and/or users without providing any reasons. We also reserve the right to block access from certain IP addresses.
“Intellectual Property Rights”: means all present and future rights conferred by statute, common law, or equity in or in relation to any moral rights, database rights, rights in undisclosed or confidential information (including inventions, know-how, processes, codes, trade secrets), copyrights, and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsists or will subsist now or in the future in any part of the world.
The Agreement between you and EmergentX Pte. Ltd. does not transfer to you any Intellectual Property Right and all rights, titles, and interests in and to such property will remain solely with EmergentX Pte. Ltd. and you are not granted any right to use and may not use any of EmergentX Pte. Ltd.’s Intellectual Property Rights unless we explicitly granted a license to you. All trademarks, service marks, graphics and logos used in connection with the Site, are trademarks or registered trademarks of EmergentX Pte. Ltd. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any of EmergentX Pte. Ltd. or third-party trademarks. Please reach out to us if you would like to use any of our Intellectual Property Rights.
EmergentX Pte. Ltd. makes no representations or warranties.
To the fullest extent permitted by applicable law, in no event will EmergentX Pte. Ltd., its affiliates, directors, officers, employees, agents, contractors, contracting parties, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation contact, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of EmergentX Pte. Ltd. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to EmergentX Pte. Ltd. prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
To the maximum extent permitted by the applicable laws, you agree to indemnify and hold EmergentX Pte. Ltd. and its affiliates, directors, officers, employees agents, contractors, contracting parties, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, investigation, proceeding, lawsuit, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Site, your breach of these Terms, any willful misconduct on your part or violation of any applicable laws or rights of any person or entity.
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC Administered Arbitration Rules then in force. The law shall be Singapore law. The seat of arbitration will be Singapore. The number of arbitrators will be one and that arbitrator must have relevant legal and technological expertise. If EmergentX Pte. Ltd. and you do not agree on the arbitrator to be appointed within 15 days of the dispute proceeding to arbitration, the arbitrator is to be appointed by SIAC. The arbitration proceedings shall be conducted in English.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Site you agree to be bound by this Agreement. If you do not agree wo abide by the terms of this Agreement, you are not authorized to access or use the Site.