TERMS & CONDITIONS

Last updated: May 11, 2022

Welcome to Poplab.space.

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1. ACCESS TO AND USE OF MOBILE APPLICATION AND WEBSITE

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(a)         Access to and use of this mobile application and platform and the products and services available through this platform (collectively, the "Services") by you and all visitors to this platform are subject to the following terms, conditions and notices (the "Terms of Use"). By signing up or using the Services whichever is earlier, you agree to these Terms of Use, which, together with the Privacy Policy, may be updated or modified by us from time to time at our sole discretion without notice.  Such updates or modifications shall be effective immediately upon posting of the modified Terms of Use. Please check this page regularly on such changes we may make to these Terms of Use Your continued access to or use of this platform and the Services shall be deemed your conclusive acceptance of the modified Terms of Use.

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(b)         These Terms of Use apply to Poplab Space Pte Ltd (“Poplab”) and its afiiliates and subsidiaries (collectively, “we”, “us”, or “our”).

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(c)         If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “Legal Age”), you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to these Terms of Use. If you do not know whether you have reached the Legal Age, or do not understand this section, please do not create an account until you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor who is creating an account, you must accept the provisions in these Terms of Use on the minor’s behalf and you will be responsible for all use of the account and Services using such account, whether such account is currently open or created later.

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2. ACCOUNT REGISTRATION, PASSWORD AND SECURITY

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(a)         When you create an account with us, you must provide us information that is accurate, complete, and up-to-date. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your account or the Services.

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(b)         You may also be asked to choose a login name and a password. Please select a password that would not be obvious to someone trying to guess your password.

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(c)         You shall not disclose to any person your password and shall not permit or authorize any person, or to allow any third party to use your login name or password for any purpose whatsoever, or to use your account and for any activities or actions under your password, whether your password is with us  or a third-party service.

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(d)         We may treat any access to or use of this platform at any time by the use of your login name and password as access to or use of this platform by you, notwithstanding that it may have been used by any other person without your knowledge or authority.

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(e)         Upon learning that any person has acquired knowledge of your password or has used your password to access or use this platform or any Services (whether with or without your knowledge and consent), you shall:

• immediately notify us thereof;
• at our request, make a police report thereof;
• provide us with any other information relating thereto as we may
• require; and
• immediately change the password.

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(f)          We do not warrant, guarantee, or represent that use of this platform is protected from all viruses, worms, Trojan horses, and other vulnerabilities.

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(g)         During your use of this platform, we may issue to and request from your computer blocks of data known as “cookies” to enable more convenient browsing when you revisit this platform.  A cookie is a type of data which is sent from this platform to your Internet browser software, and is stored on your computer. You must not alter any cookies sent to your computer from this platform and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from this platform.  

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(c)         You are fully responsible for all activities that occur under your user ID and your account even if such activities or uses were not committed by you. Poplab will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with these Terms of Use.

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3. INTELLECTUAL PROPERTY, CONTENT, RELATED USER CONDUCT

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(a)         All material on this platform, including the text, information, graphics, logos, all Intellectual Property, design, layout, downloads, pricing, products and services, software, images and sounds contained or or available through this platform (“Content”), is owned by or licensed to Poplab. You must not reproduce, modify, transfer, re-publish, download, post, transmit, adapt, distribute, sell, modify, publish or store any Content or any Trade Marks or any contents in this platform for any purpose, other than with the prior written consent of Poplab, or as permitted by law. You may not use any of such trademarks, tradenames, logos or service marks as a hyperlink to this platform or any other platform.

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(b)         You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate this platform or create derivative works based on this platform. For purposes of these Terms of Use, "reverse engineering" shall include the examination or analysis of this platform to determine the source code, structure, organization, internal design, algorithms or encryption devices of this platform’s underlying technology.

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(c)         All rights of Poplab are reserved.

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(d)         For purposes of these Terms of Use, ”Intellectual Property” means all present and future copyright, registered and unregistered trademarks, and all trade names and trademark containing the word “Poplab” (the “Trade Marks”), patent, design or rights and any other intellectual or industrial property rights, discovery, invention, secret process or improvement in procedure of any kind whether arising from statute, under common law or in equity, and confidential information including know-how and trade-secrets.

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(e)         You understand that you are responsible for any content that you post or transmit on or through this platform.

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(f)          You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to us or users of this platform by any means.

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(g)         You agree to use this platform in a manner consistent with all applicable laws and regulations. Specifically, you will not use this platform to post, transmit, distribute, link to, or solicit content that:

• contains any advertising and promotional message;
• violates or infringes any laws, regulatory requirements or codes applicable in Singapore;
  
• infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
  
• contains any obscene, offensive, defamatory or otherwise actionable material;
  
• undermines the security or integrity of this platform, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
• contains any errors, whether technical or otherwise; or
  
• contains any material in any form that would otherwise render us liable or expose us to any proceedings whatsoever

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(h)         You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the Content contained herein without our express written permission.

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(i)          You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this platform, or to impose an unreasonable or disproportionately large load on the servers serving this website.

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(j)          We shall have the right (but not the obligation) in our sole discretion to monitor, refuse or remove any Content. Without limiting the foregoing, we shall have the right to remove any content that violates these Terms of Use or is otherwise objectionable.

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(k)         You agree that caching, hyperlinking to, and framing of this platform or any of the Content are strictly prohibited. We reserve all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

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4. LINKS TO OTHER WEB SITES / THIRD PARTY CONTENT

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(a)         Our Services may contain links to third-party web sites or services that are not owned or controlled by Poplab. Such links should not be interpreted as approval or endorsement by Poplab of those linked platforms or information you may obtain from them.

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(b)         Poplab has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Poplab 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 web sites or services. If you use or rely upon Third Party Content, you do so solely at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

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5. TERMS OF SALE

• By placing an order you are offering to purchase a product on and subject to the terms and conditions in these Terms of Use. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and we do not guarantee any delivery dates or timings. Any representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping page for further information.
• All purchases are made through Stripe and such other mode we may introduce from time to time. You must possess a valid credit or debit card issued by a bank acceptable to us. Poplab retains the right to refuse any request made by you and may reject your order at any time.

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6. OUR CONTRACT

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(a)         When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email acts as an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have successfully debited your credit or debit card.

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7. PRICING AND AVAILABILITY

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(a)         While we try to ensure that all details, descriptions and prices which appear on this platform are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered, we will inform you of this as soon as possible and provide you the option of reconfirming your order at the correct price or cancelling it. We are under no obligation to provide the product to you at the incorrect (lower) price, even after an order confirmation email has been sent to the email address you used to create an account or to place your order. Should we are unable to contact you, we will treat the order as cancelled and a full refund will be made via Stripe or the mode of payment you made.

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(b)         The Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the Services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

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(c)         The Services may, particularly during highly popular launches, experience overselling. This is due to the overwhelming number of people trying to purchase a particular product at the same time, giving too little time for the payment to be made and then deducted from our inventory. In the event that this should occur, orders will be treated on a first paid ordered first served basis and any oversold orders will have to be cancelled.

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(d)         Poplab is not held responsible for any refund shortages due to international exchange rates.

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8. PRODUCT DESCRIPTIONS

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In describing the products available to purchase online, we attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of any of our Services are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return, at our costs on local postage reimbursement, it in unused condition.

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9. DISCOUNT CODES

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Promotion codes are only valid for orders placed online.

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(b)         Promotion codes entitles you, at the time of ordering, to a saving on a new order placed with Poplab.

(c)         We reserve the right to decline to accept orders where, in our opinion, a promotion code is invalid for the order being placed.

(d)         Promotion codes are only valid on specific products while stocks last and may be withdrawn at any time.

(e)         Only one promotion code can be used per order.

(f)          Promotion codes are not valid in conjunction with any other promotion. Offer is not valid on sale items or other discounted items, unless otherwise stated.

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10. YOUR CONDUCT

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(a)         Poplab reserves the right to block or suspend any user of this platform, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on this platform by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via this platform, you grant Poplab a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose.

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(b)         Poplab is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the platform by any person other than Poplab. Poplab does not endorse any opinion, advice or statement made by any person other than Poplab.

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(c)         You agree to indemnify Poplab and each of the officers, employees, agents, contractors, suppliers and licensors (collectively “Affiliates”) of Poplab in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms of Use, on the part of you or any of your Affiliates.

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11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY BY US

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You hereby confirm and undertake that:

• you assume all risk for your use of this platform and the Internet. We do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to this platform, any products, merchandise, information or service provided through this platform or on the Internet generally, and we shall not be liable for any costs, expenses or damage arising either directly or indirectly from any such transaction. This platform and any software made available on this platform are provided on an "as is, as available" basis.
  
  
• We make no warranty that:
• this platform will meet your requirements or will always be accessible;
• this platform will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code;
  
  
• the results that may be obtained from the use of this platform will be accurate or reliable;
• the quality of the products, services, information, or other material purchased or obtained by you through this platform will meet your expectations, and
• any errors in this platform will be corrected.

(c)         Any content downloaded, uploaded or otherwise obtained through the use of this platform is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through this platform or on the Internet generally.

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(d)         We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on this platform or other contents accessible from this platform.

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(e)         In no event shall we be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with your use of or inability to use this platform, delays, inaccuracies or errors in the information or in the transmission of this platform, or any information or transactions provided on or over this platform or downloaded or hyperlinked from this platform, or performance of the contents on this platform, even if we have advised you of the possibility of such damages.

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(f)          If you are dissatisfied with any portion of this platform, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this platform.

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(g)         These obligations will survive any termination of your relationship with us or your use of this platform.

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12. TERMINATION

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(a)         We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

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(b)         All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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(c)         We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any provision in these Terms of Use.

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(d)         Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

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(e)         All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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13. GENERAL

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(a)         Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

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(b)         If any provision of these Terms of Use is held to be invalid or unenforceable by an arbitral tribunal constituted in accordance with these Terms of Use, the remaining provisions of these Terms of Use will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

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(c)         These Terms of Use are for the benefit of us and our directors, officers, employees, suppliers, licensors, agents, and any third party content providers to this platform. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.  Apart from the aforesaid, no party who is not a party to these, a person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of its terms

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14. GOVERNING LAW

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These Terms of Use shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

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15. DISPUTE RESOLUTION

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In the event of any dispute(s) arising out of or in connection with these Terms of Use, you agree that both parties shall attempt in the first instance to resolve such dispute(s) through friendly consultations within 30 days of either party notifying the other of the dispute(s), failing which the dispute(s) must be submitted for mediation at the Singapore Mediation Centre ("SMC”) in accordance with SMC’s Mediation Procedure in force for the time being.

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Should mediation not succeed, you agree that the dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the Aribtration Rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force, which rules are deemed incorporated by reference to this clause. In relation to such arbitration:

• The place and seat of arbitration shall be Singapore.
• The dispute shall be determined by a single arbitrator, such arbitrator to be appointed by mutual agreement between us, or in the event that no agreement is reached, then in accordance with the SIAC Rules.
• The language to be used in the arbitral proceedings shall be in English.

CONTACT US

If you have any questions about these Terms of Use, please contact us at support@poplab.space.

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