Last Updated: 4 October 2024


TERMS OF SERVICE


Welcome to www.locstoc.com, shop.locstoc.com, retail.locstoc.com, business.locstoc.com and/or the LocStoc mobile and web applications. LocStoc Pte. Ltd. and/or its Affiliates (collectively, “LocStoc”) provide website features, application features for mobile, functions and services from time to time through the Platform (collectively, the “Services”).


By accessing and/or using the Platform and/or the Services, you agree, as users of the Platform and/or the Services (collectively the “Users”, and each a “User”), that you are bound by these Terms of Service. These Terms of Service shall constitute an agreement made between LocStoc and each User.


These Terms of Service govern the User’s access and use of the Platform and/or the Services. The following terms and conditions shall also apply depending on the User’s access to the Platform and/or use of the Services:


  1. Locstoc Online Shopping Terms of Sale;


  2. LocSpot Terms and Conditions; and


  3. all other policies, rules and guidelines published by LocStoc from time to time on the Platform.


LocStoc reserves the right, at any time and without prior notice, to modify, alter or update these Terms of Service. The latest version of these Terms of Service shall be published on the Platform, and the User shall be deemed to have agreed to the changes or revisions to these Terms of Service upon having accessed and/or used the Platform and/or the Services after the latest version of these Terms of Service has been published.


  1. DEFINITIONS AND INTERPRETATION


    1. In these Terms of Service, unless the context otherwise requires, the following expressions shall have the meanings set out against them:-


      “Affiliates” means with respect to any specified person, any other person who, directly or indirectly, controls, is controlled by, or is under common control with such person, including without limitation any general partner, managing member, officer, director or trustee of such person, or any company now or hereafter existing that is controlled by one or more general partners, managing members or investment adviser of, or shares the same management company or investment adviser with, such person.


      “Information” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and

      other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.


      “Intellectual Property Rights” means all rights to copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.


      “IPR Owner” means the Intellectual Property Rights owners.


      “Linked Sites” means links to other websites or content on the Internet owned or operated by third parties that may be contained on the Platform, or provided via the Services, in which “Linked Site” shall mean any one such link.


      “LocStoc” means LocStoc Pte. Ltd. (Company Registration Number: 202433333C) and/or its Affiliates.


      “LocStoc Account” means an account on the Platform.


      “Personal Data” shall have the meaning ascribed to it in the Privacy Policy.


      “Platform” means (a) both the web and mobile versions of the website operated and/or owned by LocStoc which is presently located at the following URL: www.locstoc.com, shop.locstoc.com, retail.locstoc.com, business.locstoc.com; and (b) the mobile applications made available from time to time by LocStoc, including the iOS and Android versions.


      “Privacy Policy” means the privacy policy of LocStoc, as published on the Platform.


      “Services” means the website features, application features for mobile, functions and services provided from time to time through the Platform.


      “Submissions” means the materials and/or information that the User has submitted to the Platform and/or to LocStoc directly, including but not limited to questions, reviews, comments and submissions.


      “Third Party Systems” means systems (including messaging systems), services, content, materials, products, applications or programs of any third party.

      “Trade Marks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.


      “Users” means the users of the Platform and/or the Services, each a “User”.


    2. The headings used in these Terms of Service are for convenient reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms of Service.


  2. USE OF THE PLATFORM AND THE SERVICES


    1. Compliance: The User’s use of the Platform is conditional on the User’s compliance with these Terms of Service.


    2. Approved countries: The User may only access the Platform and/or use the Services if the User is located in one of the countries approved by LocStoc, as updated from time to time.


    3. User’s Representations: The User hereby represents, warrants and confirms that:


      1. the User is of legal age and has the legal capacity to enter into and form contracts under any applicable law.


      2. if the User is using the Platform on behalf of any entity, that the User is authorized to accept these Terms of Service on behalf of the said entity and that such entity will be responsible to LocStoc for any violation of these Terms of Service, and such entity shall be deemed as a User who has accepted these Terms of Service;


      3. the information provided by the User to LocStoc is true, accurate, current and complete;


      4. the User will maintain and update the information provided to LocStoc to keep it true, accurate, current, and complete;


      5. information and content provided by the User belongs to the User or the User has all rights necessary for the use of such information and content, and does not infringe or violate any patents, copyrights, trademarks or other proprietary or privacy rights (including Intellectual Property Rights) of any third party; and


      6. the User owns or has obtained the right to all of the Intellectual Property Rights subsisting in the information that the User has provided, and the User has the right to provide LocStoc the license granted herein to such information (if applicable); and


      7. LocStoc’s provision of the Platform and the Services does not amount to:

        1. a representation by LocStoc that it has performed due diligence on any one of the Users; or


        2. a representation by LocStoc that any information provided by any of the Users is complete, accurate, clear, fair and not misleading.


    4. User’s acknowledgment: The User acknowledges that:


      1. the Platform may only be used for lawful purposes and that the User’s failure to do so may subject the User to civil and criminal liability under any applicable law;


      2. whilst LocStoc shall utilise reasonable efforts to provide the Services to the User, the User shall be responsible for taking all actions that will be required on their end to gain access to the Services and/or the Platform, including but not limited to having reasonable internet access;


      3. the use or reliance on any information on the Platform is at the User own risk and LocStoc shall not be liable for any losses arising from or incurred by the User in connection therewith – LocStoc shall not be responsible or liable for the accuracy and completeness of any such information and for the performance or outcome of any decision made by the User after receipt of such information;


      4. the User is solely responsible for use of the Platform and will be solely liable for all consequences arising therefrom; and


      5. save as expressly stated in these Terms of Service, LocStoc does not undertake a review of the content data, information and/or materials that are published, posted, transmitted, transferred, distributed or uploaded on any content, data, information and/or materials on the Platform, and LocStoc cannot ensure the prompt removal of content data, information and/or materials that are on the Platform from time to time.


    5. User’s information: All information, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such information originated. This means that the User, and not LocStoc, are entirely responsible for all information that the User uploads, posts, emails, transmits or otherwise make available through the Platform. The User understands that by using the Platform, the User may be exposed to information that the User may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will LocStoc be liable in any way for any information, including, but not limited to, any errors or omissions in any Information, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Information posted, emailed, transmitted or otherwise made available on the Platform.

    6. User’s undertakings: The User hereby undertakes that the User will not (and will not permit any third party to):


      1. impersonate any person or entity or to falsely state or otherwise misrepresent the User’s affiliation with any person or entity;


      2. interfere with another User’s utilisation and enjoyment of the Platform or Services;


      3. use the Platform to defame, harass, discriminate or threaten another person/company or in any other way violate rights;


      4. distribute or reproduce all or any part of the Platform and/or the Services;


      5. alter, disassemble, decompile or reverse engineer any part of Platform and/or the Services, unless explicitly permitted by mandatory law;


      6. create a database by systematically downloading and storing any content on the Platform;


      7. use software that reads and/or collects data on the Platform and/or in respect of the Services automatically;


      8. use software to facilitate automated means of accessing the Platform;


      9. use the Platform and/or the Services to request or encourage other users to breach any provision of these Terms of Service, and/or any other terms and conditions pertaining to the Platform and the Services;


      10. manipulate the price of any item or interfere with other User’s listings;


      11. open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;


      12. take any action that may undermine the feedback or ratings systems;


      13. harvest or collect any information about or regarding other Users, including without limitation, any Personal Data;


      14. use the Services to violate the privacy of others or to stalk or otherwise harass another User;


      15. acting in a manner that negatively affects other Users’ ability to engage in real time exchanges on the Platform;


      16. abuse the Platform and/or the Services;


      17. use the Platform and/or the Services for any unlawful or unauthorized purpose or other than in conformance with the acceptable policies of any connected computer networks and any applicable Internet standards

        (which includes transmitting any viruses through the Platform, or using the Platform and/or the Services in a manner which violates or infringes the rights of anyone else);


      18. use any software or material or upload any materials which contains a virus or damaging component which may corrupt the Platform’s data or interfere with the operation of the Platform and/or the Services; or


      19. publish, post, transmit, transfer, distribute or upload any content data, information and/or materials on the Platform, be it through the User’s account or another User’s account, that:


        1. is or may be false, indecent, misleading, untruthful or inaccurate;


        2. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;


        3. promotes or encourages, or may promote or encourage illegal activity (including the breach of any financial regulatory licensing requirements);


        4. is or may be racially or ethnically or otherwise offensive; constitutes or may constitute agitation against a minority (such as a national or ethnic group);


        5. constitutes or may constitute defamation; contains or may contain pornography or is in any other way sexually explicit;


        6. attacks or may attack sexual orientation or religion, or is or may be discriminating in any other way;


        7. may not be lawfully disseminated under applicable laws;


        8. the User knows or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Platform and/or the Services;


        9. is or may in any way be harmful, abusive, offensive or illegal; or


        10. infringes the rights of LocStoc or any third party (including Intellectual Property Rights).


    7. User’s compliance with laws: The User hereby undertakes to comply with all applicable laws, treaties, ordinances, codes and regulations in respect of its access and use of the Platform and/or the Services.


    8. User’s cooperation with LocStoc: The User hereby undertakes to fully cooperate with LocStoc (including providing all requested information) to LocStoc to:

      1. facilitate the provision of the Services to the Users;


      2. enable LocStoc to comply with all applicable laws, regulations and other requirements; and


      3. enable LocStoc to comply with requests by any regulator and/or any requests made pursuant to these Terms of Service.


    9. LocStoc’s reservation of rights: LocStoc reserves the right to, but shall not be obliged to:


      1. monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services, and investigate any violation of these Terms of Services and may take any action LocStoc deems appropriate;


      2. immediately remove any information posted by the User that LocStoc, at its sole discretion, deems to be in breach of these Terms of Service and/or any other terms and conditions pertaining to the Platform and the Services, or would be harmful for LocStoc and/or the Users;


      3. terminate, suspend or limit the User’s access to the Platform and/or the Services for any reason, including breach(es) of these Terms of Services; or


      4. take the appropriate legal action against the User, including referral to law enforcement, in the event of breach(es) of these Terms of Services.


  3. SECURITY AND ACCESSIBILITY OF THE PLATFORM


    1. Accessibility of the Platform: There are situations when the Platform will be inaccessible, unavailable or disrupted, including:


      1. necessary maintenance;


      2. circumstances outside the control of LocStoc (i.e., external causes such as net access failure, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship); and


      3. modification, upgrading, suspension, discontinuation of the provision of or removal of the Platform (whether in whole or in part), from time to time,


        in which LocStoc shall not be liable for any such inaccessibility, unavailability and/or disruption. LocStoc does not guarantee that any identified defects, errors and/or faults will be corrected immediately.

    2. Security of the Platform: LocStoc shall use its reasonable efforts to ensure the security of any information transmitted by or to the User through the Platform. Save for risks that are within LocStoc’s reasonable control, the User accepts the risk that any information transmitted or received through the Platform may be accessed by unauthorised third parties and/or disclosed by LocStoc to third parties purporting to be the User or purporting to act under the User’s authority. The User acknowledges and agrees that transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet, and LocStoc shall not be held liable for any such circumstance.


  4. LOCSTOC ACCOUNT


    1. LocStoc Account: The Services and/or certain aspects of the Platform may only be available upon the User’s creation of an account with LocStoc or upon the User’s provision of Personal Data to LocStoc. If the User requests to create an account on the Platform (“LocStoc Account”), the username and password may either be:


      1. determined and issued to the User by LocStoc; or


      2. provided by the User and accepted by LocStoc in its sole and absolute discretion in connection with the use of the Platform and/or the Services. LocStoc may at any time in our sole and absolute discretion, request that the User updates the User’s Personal Data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by the User or arising out of or in connection with or by reason of such request or invalidation. The User hereby agrees to change the User’s password from time to time and to keep the username and password confidential and shall be responsible for the security of the User’s account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password. The User is to notify LocStoc immediately if the User has knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if the User’s Personal Data requires updating.


    2. Use and/or access with LocStoc Account: The User agrees and acknowledges that any use of the Services and/or any access to the Platform and any information, data or communications referable to the User’s username and password shall be deemed to be, as the case may be:


      1. access to the relevant Platform and/or use of the Services by the User; or


      2. information, data, or communications posted, transmitted and validly issued by the User.

    3. ‌Termination of the LocStoc Account: The User may terminate the User’s LocStoc Account if the User notify LocStoc in writing of the User’s desire to do so. Notwithstanding any such termination, the User remains responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact LocStoc after the User has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. LocStoc shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Clause 4.3. The Users waive any and all claims based on the actions taken in this Clause 4.3.


  5. USER’S SUBMISSIONS


    1. Non-exclusive licence: The User agrees and acknowledges that it is granting LocStoc with a non-exclusive licence to use materials and/or information that the User has submitted to the Platform and/or to LocStoc directly, including but not limited to questions, reviews, comments and submissions (the “Submissions”). LocStoc may, but shall not be obligated to publish, remove or edit the Submissions.


    2. ‌Use of the Submissions: The User consents to and authorises LocStoc’s use of the Submissions (including the User’s Personal Data) for the purposes of sending information and promotional e-mails to the User. The User’s agreement to this Clause 5.2 shall constitute the User’s consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere).


  6. THIRD PARTY SITES


    1. Linked Sites: The Platform may contain, and/or the Services may provide, links to other websites or content on the Internet that are owned or operated by third parties (collectively, the “Linked Sites” and each a “Linked Site”). Unless LocStoc expressly says otherwise, the User should assume that these Linked Sites are not under the control of LocStoc. LocStoc assumes no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing the Linked Sites, or any actions taken in reliance thereon, and LocStoc disclaims liability for any and all forms of loss or damage arising out of the use of the Linked Sites. Any link to the Linked Sites featured on the Platform does not constitute LocStoc’s endorsement, recommendation or verification of that Linked Site.


    2. Third Party Systems: Under no circumstances shall it be construed that, in case of the User’s access to and use of systems (including messaging systems), services, content, materials, products, applications or programs of any third party (“Third Party Systems”), LocStoc is a party to any transaction, if any, between the User and such third party or that LocStoc endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems

      accessible on the Platform or through the Services. LocStoc shall not be liable in any way for the User’s access to and use of the systems or for any products obtained and/or purchased from or services rendered by any such third party, and the User agrees that the same shall be the User responsibility or that of the relevant third party.


    3. Responsibility for use of Third Party Systems: The User acknowledges and agrees that the User will be solely responsible for any access to or use of Third Party Systems through the Platform or the Services. If the User accesses or uses any Third Party Systems through the Platform or the Services, the User must comply with the relevant terms and conditions for the access or the use of such Third Party Systems and be responsible for the registration and use of any user names, email addresses, phone numbers or passwords required to connect to any Third Party Systems. In particular, should access to and use of Third Party Systems through the Platform or the Services be prohibited (whether in full or in part) by such third party terms and conditions, the User should discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party.


  7. INTELLECTUAL PROPERTY RIGHTS


    1. Platform and the Information: The Intellectual Property Rights in and to the Platform and the Information are owned, licensed to or controlled by LocStoc, LocStoc’s licensors, or LocStoc’s service providers. By using the Services and/or accessing the Platform, the User agrees to comply with all applicable laws in relation to the Intellectual Property Rights in and to the Platform and the Information. LocStoc reserves the right to enforce its Intellectual Property Rights to the fullest extent of the law.


    2. No reproduction: No part or parts of the Platform, or any Information may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without LocStoc’s prior written permission or that of the relevant copyright owners. Subject to Clause 7.3, permission will only be granted to download, print, or use the Information for personal and non-commercial uses, provided that the person requesting for such permission do not modify the Information and that LocStoc or the relevant copyright owners retain all copyright and other proprietary notices contained in the Information.


    3. ‌Trade Marks: The Trade Marks are registered and unregistered trade marks of LocStoc or third parties. Nothing on the Platform and in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trade Marks displayed on the Platform, without LocStoc’s written

      permission or any other applicable trade mark owner.


  8. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT


    1. Prohibition of infringing listings: LocStoc does not allow listings that infringe the Intellectual Property Rights of brands or other Intellectual Property Rights owners (“IPR Owner”).


    2. User’s association with LocStoc: Except where expressly stated otherwise, the Users are independent individuals or businesses and the Users are not associated with LocStoc in any way and LocStoc is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Platform.

    3. Submission of complaint: If the User is an IPR Owner or an agent duly authorised by an IPR Owner and the User believes that the User’s rights or the User’s principal’s rights have been infringed, please submit a complaint to legal@locstoc.com. LocStoc will respond to the User’s complaint as soon as practicable.


    4. Breaches do not constitute infringement: LocStoc acknowledges that a brand or manufacturer may, subject to applicable law, have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products with other third parties. However, breaches of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the brand or manufacturer and the respective third parties with whom it contracts, LocStoc generally does not assist in the enforcement of such exclusive distribution rights or price-control matters except where required by law.


    5. Indemnity: Without limitation to the indemnity at Clause 11, each and every User agrees to indemnify and hold LocStoc harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any Intellectual Property Rights infringement claim, complaint, or violation relating to any Information, and/or (b) any removal of such Information pursuant to or in relation to any Intellectual Property Right infringement claim, complaint, or violation.


  9. DISCLAIMERS


    1. Provision of the Services: The Services are provided “as is” and without any warranties, claims or representations made by LocStoc of any kind either expressed, implied or statutory with respect to the Services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, LocStoc does not warrant that

      the Services, the Platform or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.


    2. Information on the Platform: All Information (as defined below) is provided on an “as is” and “as available” basis. LocStoc does not warrant the truth, accuracy, adequacy, completeness or reasonableness of the Information and expressly disclaims liability for any errors in, or omissions from, the Information. No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party Intellectual Property Rights, fitness for a particular purpose), is given in conjunction with the Information. The foregoing shall apply only to the extent permitted under applicable law.

    3. Compliance with foreign law: LocStoc makes no representation that the access and/or use of the Platform and the Services (such as any Services related to video and/or audio recording) are appropriate, available or legal in any location outside Singapore. The Users who choose to access and/or use the Platform do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


  10. EXCLUSIONS AND LIMITATION OF LIABILITY


    1. Access to the Platform and/or use of the Services: The User acknowledges that the entire risk arising out of the access of the Platform or use of the Services remains with the User to the maximum extent permitted by applicable law. Without prejudice to the aforesaid, LocStoc shall in no event be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of Platform, or other content linked to the Platform, or any materials, information, product or service contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not LocStoc has been advised of the possibility of such loss or damages.


    2. Servicing, repair or correction: If the User’s access and/or use of the materials, Information or the Services results in the need for servicing, repair or correction of equipment or data, the User shall assume all costs thereof. For the avoidance of doubt, the User is responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or made accessible by using the Platform. LocStoc will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information. The foregoing shall not apply in the case of fraud, gross negligence or wilful misconduct by LocStoc.

      Liability of LocStoc’s officers and agents: In no event will LocStoc or its officers, directors, agents, and employees, be liable to the User for consequential, exemplary, incidental, or indirect damages or costs (including legal fees and expenses) or loss of goodwill or profit in connection with the use of the Platform or these Terms of Service, even if LocStoc has been advised of the possibility of such damages or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so this paragraph may not apply to the User.

  11. ‌INDEMNITY


    The User shall be liable for any damage caused to LocStoc or any third party due to the User breach of these Terms of Service and/or any terms and conditions applicable to the Platform and/or the Services. The User agrees to fully indemnify LocStoc and hold LocStoc harmless from and against all claims, costs (including reasonable legal costs), damages, expenses, liabilities and losses that LocStoc may sustain or incur, directly or indirectly, by reason of LocStoc having:


    1. made available the Platform and/or the Services to the User;


    2. entered into these Terms of Service or other agreements with the User;


    3. enforced or attempted to enforce its rights under these Terms of Service or other agreement with the User; or


    4. acted upon any instructions which the User may have given in relation to the Platform, or any negligence, fraud and/or misconduct on the User’s part or the User’s breach of these Terms of Service or any terms and conditions applicable to the Platform.


  12. GENERAL


    1. Term and Termination


      1. These Terms of Service shall take effect from the User’s deemed agreement to be bound by these Terms of Service and shall carry on until terminated (whether generally or in respect of a specific User or specific Users) in accordance with these Terms of Service.


      2. LocStoc has the sole and absolute discretion to terminate these Terms of Service with immediate effect upon giving the User notice, and to terminate the User’s use of the Platform and/or the Services.

      3. The User may terminate these Terms of Use upon giving seven (7) days prior written notice to LocStoc. Upon termination of any Services in respect of a User, the User will, in respect of such terminated Services, immediately cease any and all use of and access to the Services. The User acknowledges that following termination it will have no further access to the Services, and that LocStoc may delete any such data as may have been stored by LocStoc at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms of

        Service, including termination, will be without prejudice to any other remedies it may have under these Terms of Service, by law or otherwise.


      4. Any termination of these Terms of Service shall be without prejudice to any rights or obligations (including in respect of any antecedent breaches) accrued prior to the date of such termination.


    2. Electronic communications


      1. The User hereby consents to receiving communications from LocStoc electronically, and LocStoc shall communicate with the User by e-mail or by posting notices on the Platform.


      2. The User hereby agrees and confirms that all agreements, notices, disclosures and other communications that LocStoc provides to the User electronically shall satisfy any legal requirement that such communications be in writing.


      3. Unless otherwise informed by the User, LocStoc shall communicate with any person who is, or appears to be from the office or institution by which LocStoc was initially contacted, unless the User specifically requests otherwise.


    3. Relationship between User and LocStoc


      The User agrees that no joint venture, partnership, or employment or agency relationship exists between the User and LocStoc as a result of these Terms of Service and/or the User’s use of the Platform.


    4. Assignment and Transfers


      The Users shall not, without the prior written consent of LocStoc, assign, novate, transfer, or sub-contract these Terms of Service and/or any of the User’s rights or obligations under these Terms of Service, and any unauthorised assignment shall be null and void. LocStoc may, at any time, freely assign, novate, transfer or sub- contract these Terms of Service or any or all of its rights or obligations under these Terms of Service.


    5. Severability


      If any provision of these Terms of Service or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.


    6. Waiver


      Any failure or delay by the User or LocStoc in exercising or enforcing any right or remedy contained in these Terms of Service do not constitute a waiver by the party responsible for such delay or failure. It shall also not constitute a bar to the exercise

      or enforcement at any subsequent time or times. Waiver of any right arising from a breach or non-performance of these Terms of Service or arising upon default under these Terms of Service shall be in writing and executed by the party against whom it is being enforced.


    7. Entire Agreement


      Save as otherwise expressly agreed between the User and LocStoc, these Terms of Service constitute the entire agreement between the User and LocStoc in respect of the subject matter of the provisions herein. These Terms of Service shall supersede all prior communications, contracts, or agreements, written or oral, between the User and LocStoc with respect to the subject matter of the provisions herein.


    8. Third Party Rights


      The Contract (Rights of Third Parties) Act 2001 of Singapore shall not under any circumstances apply to these Terms of Service and any person who is not a party to these Terms of Service (whether or not such person shall be named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified, in these Terms of Service) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce these Terms of Service.


    9. Force Majeure


      1. LocStoc shall not be in breach of these Terms of Service, nor be liable for any failure or delay in the performance of any other obligations under these Terms of Service arising from or attributable to acts events, omissions, accidents beyond its reasonable control, including but not limited to any of the following:


        1. acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;


        2. war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;


        3. terrorist attack, civil war, civil commotions or riots;


        4. nuclear, chemical or biological contamination or sonic boom;


        5. fire, explosion or accidental damage;


        6. collapse of building structures, failure of plant machinery, machinery, computers or vehicles;

        7. interruption or failure of utility service, including but not limited to electric power, gas or water;


        8. any labour disputes, including but not limited to strikes, industrial action or lockouts;


        9. any interruption to the Platform or Services outside the reasonable control of LocStoc; and/or


        10. acts of any government or authority.


      2. In the event that any such delay or non-performance continues for a period in excess of one hundred and twenty (120) days, LocStoc shall have the right to terminate these Terms of Service by giving the User fourteen (14) days’ notice in writing prior to such termination without affecting any rights accruing prior to such termination.


    10. Injunctive Relief


      LocStoc may seek injunctive relief if LocStoc makes a good faith determination injunctive relief is the only appropriate adequate remedy for the relevant breach of non-performance.


    11. Jurisdiction and Governing Law


The User agrees that these Terms of Service shall be governed by, and construed in accordance with the laws of Singapore, and the User agrees to submit to the exclusive jurisdiction of the Singapore courts.