Terms of Services – User

 

This Term of Service (“Terms”) serves as a legal contract between Cloud Alliance Pte. Ltd. (“CA”) and yourself (“You”). By accessing or using any of the services provided by CA (“Service”), you agree that you accept to the terms and conditions contained within this Term. If you do not agree to these Terms, do not use the Service.

 

Our Services & its Usage

 

CA operates an online payment platform system (“Payment Solution”) which aggregates different payment system used in the online digital and mobile space in the Southeast Asia Region as well as a Game/App Platform (“Platform”) for you to access game/apps. You understand that you have no right or title on the Services provided by CA to you and you acknowledge that any purchase made on our Platform if final, non-refundable, transferable or exchangeable. CA reserve the right to control, manage, modify and/or eliminate the products sold via our Services and thus prices and availability are subject to changes at CA’s sole discretion without prior notice to you.

 

You are aware that by choosing a payment option, you may be directed to a third-party website to complete your payment. CA does not exercise any control over any third-party websites or services hence you agree that CA will is not liable for any services provided by the third-party website that you were directed to and you shall be subjected to the terms and conditions of the respective third party and you’re using the services provided at your own risk. Hence, CA will not be liable for any losses, damages, costs or other expenses arising from your use of third party services.

 

If you are charged for an item that you did not purchase or to notify us on any billing problem, please contact CA’s customer service at: hello@cloudmoolah.com within three (3)days after your made your purchase to file a report. CA team then proceed to investigate on the issue and any complaints or request filed after the aforementioned time frame will not be entertained. Furthermore, you agree that you are responsible for all reversals, charge-backs, claims, fees, fines, penalties out of the payment that you authorized or payment that was made by your account and shall provide us with reimbursement for such action.

 

If you have any questions about our services, please contact us at: hello@cloudmoolah.com.

 

Registering for a CloudMoolah Account

 

In order to use CA services, you must first register for a CloudMoolah Account (“Account”). To register for this account, you are required to provide certain information (“Login Information”) and this information shall include and is not limited to user names, passwords or security questions. Hence, you acknowledged that all information provided shall be accurate, current and complete to finish the registration process and it is your sole duty to ensure that the information provided shall be updated constantly to keep it accurate, current and complete. CA reserves the right to suspend or terminate your account if it is suspected that information provided by you is inaccurate, not current or incomplete. You are also aware that it is your responsibility to safe guard and to maintain confidentiality of your Account Information and Password. You shall not share your account information or password nor let anyone else access into your account or to do anything that might jeopardize the security of your account. You are responsible for anything that happens through your Account, whether such actions were taken by you. In the event if you suspect reasonably suspect any breach of security, you will immediately notify CA of any unauthorized use of your account.

 

Privacy

 

By submitting your personal information to us, you consent to such information being used by us for the provision of the Services and also for us to communicate with you. In the event if you do not agree for CA to process your data, please notify CA via the contact details set out below:

 

Customer Service Contact

Cloud Alliance Pte. Ltd.

16 Tai Seng Street #07-01 Singapore 534138

Email: hello@cloudmoolah.com

 

You may also contact the above for any inquiries or complaints in respect of your Personal Data.

 

Account Termination

 

CA reserves the right to terminate your account without prior notice, if you: (i) violate this Term, or; (ii) use the account for illegal or improper purposes, or; (iii) use the Service for illegal or improper purposes, or; (iv) infringe a third party intellectual property rights. Once your account has been terminated or suspended due to the afore-mentioned reasons, all benefits and user’s right shall be revoked, and no refund will be granted to you.

 

Users License

 

Subject to your compliance to this Term, CA grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. You agree that you will only use the license for your own, private non-commercial entertainment purposes. If you violate the Terms of Use, you acknowledge that CA reserve the right to terminate and suspend your account and you shall immediately be refrained from using the Service.

 

Refund Policy

 

You acknowledge that all orders are final, non-cancelable and non-refundable. When you purchase an item from our list of products, you are aware that CA will provide them to you immediately once you’ve completed your purchase. Thus, once you’ve received the item, neither the items nor the amount paid can be refundable. When you place an order to purchase our Products, you are aware also that CA may in its sole discretion send you a confirmatory e-mail that will contain the details of the items that you purchased or even records of your purchase, it is advisable to maintain a copy of it for your own records. CA will not assume any of your loss due to unavoidable technical failures that will affect the normal operation of CA.

 

Intellectual Property Rights

 

You agree that CA owns and retains all rights, title and interest in and to the Services, including but not limited to all software information, data and Intellectual Property related to the aforementioned. Unless expressly stated in this Term, CA does not grant to you any license, express or implied to the Services and/or platform. Any reproduction or redistribution of the Service or the Service content is strictly prohibited, and we reserve the right to terminate our Service to you if you were to violate this Term. You hereby acknowledge that you are not granted with any ownership rights by using the Service or by accessing any of the Service Materials.

 

Representations and Warranties

 

By using the services provided by CA, you represent and warrant that you are 13 years or older. CA services is intended for us by those 18 years or above for entertainment purposes only. If you are between the age of 13 to 18, you declare that your legal guardian has reviewed and agrees to these Terms. If you are below the age of 18, you acknowledge that any payment and/or transaction made via your Account has been approved by your legal guardian.

 

You further warrant that you will not use our services for any fraudulent, unlawful or abusive purpose. CA makes no warranties or representation about the accuracy or completeness of the content of the Service and assume no liability or responsibility for any loss, damage, and/or penalty faced by you for using our Services. CA does not guarantee and is not responsible to perform any verification of information provided by you, the accuracy of your information provided is your sole responsibility.

 

Disclaimer

 

CA DOES NOT WARRANT THAT THE SERVICE AND/OR PLATFORM ARE ERROR FREE OR WILL OPERATE WIHTOUT INTERRUPTION OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. CA SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER OCCURRING, INCLUDING, NEGLIGENCE) ARISING FROM OR RELATING TO UNFORESEEN CIRCUMSTANCES PREVENTING THE PROPER PERFORMANCE OF THE SERVICE AND/OR PLATFORM DESPITE ANY REASONABLE PRECAUTIONS TAKEN BY CA. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO ACT OF GOD (SUCH AS, BUT NOT LIMITED TO FIRES, EXPLOSIONS, EARTHQUAKES AND FLOODS), POWER OUTAGE, THEFT, EQUIPMENT OR SYSTEM FAILURE, HACKING ATTACK AND USUALLY HIGH LEVELS OF USE WHICH HAVE THE EFFECT OF CAUSING DISRUPTION OR DELAY IN THE SERVICE AND/OR PLATFORM. CA SHALL NOT BE RESPONSIBLE FOR ANY SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT YOUR PURCHASE PROCESS.

 

NOTWITHSTANDING THE FOREGOING, CA SHALL USE REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS TO THE SERVICE, SDK AND PLATFORM AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WHICHI ITS CAPACITY, THAT ARE NECESSARY TO ENABLE YOU TO USE OUR SERVICES IN A REASONABLE MANNER. EXCEPT AS SET OUT IN THIS TERM, ALL WARRANTIES, CONDITIONS, TERMS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOMER, TRADE USAGE, COURSE OF DEALINGSOR OTHERWISE (INCLUDING WITHOUT LIMITATION AS TO QUALITY, PERFORMANCE OR FITNESS OR SUITABLITITY FOR PURPOSE) IN RESPECT OF THE SERVICE, AND/OR PLATFORM ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Limitation of Liability

 

EXCEPT AS OTHERWISE PROVIDED IN THIS TERM, CA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES (INCLUDING NEGLIGENCEN OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMANGE OF ANY KIND INCLUDING PUNITIVE OR EXEMPLARY DAMANGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMANGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTAGINBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH CA OR ITS SERVICES, SDK AND PLATFORM. CA SHALL NOT BE LIABLE FOR ANY UNAUTHORISED TRANSACTIONS ARISING FROM UNAUTHORISED, ILLEGAL OR FRAUDULETN USE OF THE SERVICE, SDK AND PLATFORM. IT IS AGREED THAT CA’S TOTAL AGGREGATE LIABILITY TO YOU RELATED TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO CA IN THE MOST RECENT THREE (3) MONTS FOR USE OF THE SERVICE AND YOU ACKNOWLEDGE AS WELL THAT YOU SHALL INDEMNIFY CA AGAINST ALL THRID PARTY CLAIMS, LOSSES, DAMANGES, FINES AND PENALTIES ARISING DUE TO YOUR BREACH OF THIS TERM.

 

Indemnifications

 

You agree to defend, indemnify and hold harmless CA, our subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings as well as any and all losses, liabilities, damages, costs and expenses, including attorneys’ fees and accounting fees in relations to your access and usage of our services as well as your violation of our Terms. CA shall have no liability to you as well in the event if your action infringes any intellectual property rights of any third party.

 

Modifications

 

CA reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. CA may in its sole discretion notify you or provide notices of changes to the Term by sending electronical mails (“E-mails”) to you or by displaying links to notices on the CA website. Your continued use of the Service after a change or modification of these Terms will constitute your acceptance of the revised Terms. If you do not agree to the modified Terms, you will need to send a notification to our customer service personnel to inform us thirty (30) days prior to your decision and to discontinue your use of our Service.

 

Governing Law and Dispute Resolution

 

This Term shall be governed by the law of the Republic of Singapore. Any dispute arising out of or in connection with this Term, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The set of the arbitration shall be in Singapore. The Tribunal shall consist of 1 arbitrator, such arbitrator to be appointed by mutual agreement between the Parties, or in the event that no mutual agreement is reached, then in accordance with the SIAC Rules. The language of the arbitration shall be English.

 

General Provision

 

By registering an Account with us, you agree to receive notices electronically from us and CA reserves the right to send such notices via (i) posting of such notices on the CA website, or; (ii) sending notification via E-mails to the email address that you’ve provided. You acknowledged that these electronic notices shall have the same effect as notices provided on paper copies. The notice will be deemed to have been duly given to you once the notice is placed on the designated Website or within forty-eight (48) hours upon sending of the E-mail to the provided email address.

 

This Term constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, unless both parties has otherwise agreed to sign a separate agreement for your usage of CA’s services, SDK and Platform. Each party also agrees that it shall have no remedies in respect of any statement, representations, assurance or warranty (whether made innocently or negligently) that is not set out in this Term.

 

It is also agreed that you shall not assign or transfer or deal in any other manner with any of its rights and obligations to a third party under this Term without prior written approval. However, CA reserves the right to freely assign this Term and the rights and obligations to any third party without notice or consent.

 

No variation or waiver of this Term shall be effective unless it is in written form and no failure or delay by you to exercise any right or remedy provided under this Term or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

If at any time one or more provisions hereof is or becomes invalid, illegal, unenforceable or incapable of performance in any respect, the validity, legality, enforceability or performance of the remaining provisions hereof shall not thereby in any way be affected or impaired.

 

Both parties shall, at all times, comply with all applicable laws, regulations and similar rules. Both Parties shall obtain and maintain any and all permits, licenses, authorisations, and/or certificates which may be required in connection with the provision of the servicers as may be required by any legitimate government authority, agency or subdivision thereof.

 

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