TERMS OF SERVICE

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OUR TERMS OF USE IS A BINDING AGREEMENT BETWEEN YOU AND ENOUGHTEA FOUNDATION LTD. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS OF USE.

1. DEFINITIONS:

“Our Terms of Use” means this Agreement. “ENOUGHTEA FOUNDATION” “we” “us” and “our” refer to ENOUGHTEA FOUNDATION LTD  is a public company  organised under the laws of the Republic of Singapore and registered with the Accounting and Regulatory Authority of Singapore (ACRA).  A “User” refers to anyone who accesses, views, engages, or otherwise interacts with Our Services. “Our Services” refers to all services, software and applications provided by us to a User, including but not limited to all services accessible through www.enoughtea.org, www.enoughtea.foundation and www.ukrainefilmfest.com. When you use Our Services, you agree to be bound by Our Terms of Use. "You" and "your" refers to you as a User of Our Services. “Intellectual Property” refers to all copyrights, patents, confidential information, trademarks, moral rights, economic rights, logos, slogans, artwork, videos, music, intangible and tangible media, digital media, streaming content, ideas, concepts, drafts, and all other content protected under the law. “Content” refers to any content that a User uploads, posts, comments, displays, or otherwise shares in connection with Our Services. “Your Account” refers to the account you register on Our Services linked specifically to you in which you may display data and access Our Services. A “Buyer” refers to someone who purchases, bids, or offers to purchase or bid on Content. “KYC/AML” refers to all “Know Your-Customer” or “Anti-Money Laundering” rules, regulations, protocols and requirements. “Digital Ledger Technology” or “DLT” refers to the underlying technology utilized by Crypto Assets to transact and store data, including but not limited to all blockchains. A “Crypto Asset'' refers to data stored on or transacted by way of Digital Ledger Technology; Crypto Assets include, but are not limited to NFTs and virtual currencies.  A “DLT network” refers to all networks, including all blockchain networks, used to transact, transfer, send, receive, or store Crypto Assets. A “Wallet Address” is a digital address, made up of letters and numbers, that you use for sending and receiving Crypto Assets. “Artist” means an artist who provided their Content to us so that we may sell them as NFTs for charitable purposes. 

2. ALL PURCHASES ARE FOR CHARITABLE PURPOSES ONLY

You are purchasing Crypto Assets for charitable purposes only. Your purchase is not an investment. By purchasing a Crypto Asset, you do not own the intellectual property associated with said Crypto Asset. All intellectual property of all Content remains the sole exclusive property of its respective Artist.

3. HOW IT WORKS

When you make an NFT purchase through Our Services, the funds go to a Stripe account belonging to ENOUGHTEA FOUNDATION LTD. We then take those funds and send them to Ukraine House DC Foundation (EIN 872080907). 

4. ELIGIBILITY:

You warrant and represent (a) that you are over the age of 18; and (b) that you are not a minor in the jurisdiction where you reside; and (c) that you have the legal capacity in the jurisdiction where you reside to use Our Services. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entities. You agree that we reserve the right to change, modify or impose additional restrictions at our sole discretion and at any time.

5. DISCLAIMER

We have received Content for artists who wish to help fundraise for https://u24.gov.ua/. We can not guarantee the authenticity of any Content provided. If an Artist has provided Content that infringes on the intellectual property rights of a third party, you agree to hold us harmless from any claim arising, either directly or indirectly, as a result thereof.

6. YOUR CONDUCT:

“Your Conduct” refers to all actions taken by you when you use Our Services, including but not limited to all comments, commentaries, communications, statements, opinions, posts, emails, and messages made by you. “Your Conduct” also refers to any actions taken by you in connection with Our Services directed at our support, affiliates, and other third parties. “Your Conduct” also includes, but is not limited to all actions taken by you, and all representations made by you in connection with buying, selling, paying for purchases, or defaulting on any commitment made in connection with any transaction. You warrant and represent that: (a) at all times Your Conduct in connection with Our Services shall be in accordance with all applicable laws, rules and regulations; (b) you shall under no circumstances use Our Services to offer financial advice to any User, Buyer, Seller, or anyone else; (c) you shall not falsely assume the identity of anyone else or otherwise misappropriate anyone’s likeness (d) you shall not violate the Intellectual Property, including moral rights or “droit Moral” of any User or third party. (e) you shall not reverse engineer our website or software; (f) you shall not utilize spiders or scrapers, or any tools to hack or otherwise interfere with our website; (g) you shall no perform any act which takes excessive computer resources from our servers, nor shall you use Our Services in a way not contemplated by us; (h) sell your username to anyone else; or (i) engage in cybersquatting; (j) you will not sell or resell Our Services to anyone; (k) you shall make no wilful attempt to violate the privacy rights of other Users. You agree that Your Conduct shall never be fraudulent, criminal, obscene, libelous or defamatory, nor shall it incite violence, constitute cyberbullying, harassment, stalking, threats, involve illegal gambling, or otherwise bring us into disrepute. You agree to hold us and our affiliates harmless from any and all liability, either directly or indirectly, from any dispute between you and a third party arising as a result of Your Conduct while using our services.

7. TRANSACTIONS REQUIRING THIRD-PARTY SERVICES AND EXTENSIONS:

Your use of Our Services may require the facilitation of third-party services and extensions. By using any third-party service or extension in connection with our services, you agree: (a) to be bound by their terms and conditions; (b) to review their privacy policies prior to use; and (c) to hold us harmless, to the fullest extent permitted by law, of any claim arising, either directly or indirectly, from your use of these third-party services or extensions.

8. ACCOUNT REGISTRATION:

You warrant and represent that: (a)  all information you give us in connection with the creation and maintaining of Your Account shall be truthful and accurate in its entirety; (b) you shall not log into, or attempt to log into, any account that is not Your Account; (c) you shall grant no one else access to Your Account; (d) that you are responsible for creating a secure password, and for storing and maintaining it securely; (e) you shall not share your password with anyone else (f) you shall provide all necessary information so that we may comply with all law enforcement agencies, applicable laws, rules and regulations; and (g) under no circumstances shall you attempt to open more than one account.

9. ACCOUNT SECURITY:

You are solely responsible for maintaining the security of Your Account and your password. You agree: (a) not to share your password or security verification codes with anyone; (b) not to use Our Services on any device that you believe may contain malware or other software that may compromise Your Account security; and (c) to take reasonable steps to ensure that your device is safe from theft. You also agree to notify us within 24 hours if you become aware of any (d) any unauthorized access to Your Account or any fraudulent activity on Your Account; (e) any unauthorized transactions from Your Account; and (d) any receipt by you of a security notification concerning Your Account that notifies you of an event or action that you do not recognize.

10. EXTERNAL LINKS AND THIRD PARTY SERVICES:

We are not responsible for any external links available on Our Services, and you agree that we have no liability to you for anything contained thereon. Likewise, you agree we are not responsible for any third party content. When you click on a link that takes you away from Our Services, you are entering a website that is under the control of a third party. You agree, to the fullest extent permitted by law,  to hold us harmless from any claim, either directly or indirectly, arising from all links that take you away from our services to third-party websites, third party vendors, businesses and services.

11. NO BROKER OR FIDUCIARY RELATIONSHIP:

We are not a broker, dealer, creditor, lender, or a financial institution; We are an administrative platform only, and Our Services may facilitate transactions between Buyers and Sellers. All representations and warranties made by Buyers and Sellers are those of Buyers and Seller exclusively. By using Our Services, you agree that it is incumbent upon you to conduct your own due diligence into any Buyer or Seller. You further agree, to the fullest extent permitted by law, to hold us harmless from any claim arising, either directly or indirectly, from: (a) any misrepresentations made by buyers or sellers in connection with our services; and (b) any dispute arising from the conduct or communications of either buyers or sellers in connection with our services.

12. CONSENT TO ELECTRONIC COMMUNICATION:

You consent to electronic communications for all matters at the email with which you registered for Our Services, or which we have for the purpose of communicating with you at the time communications are made.

13. HYPERLINK TEXTS:

You are granted the right to text hyperlink to Our Services provided that: (a) the right granted to you to any text hyperlink to Our Services is restricted to noncommercial purposes only; (b) your right is limited, nonexclusive, and may not be transferable to any third party; (c) the linked site, product or service shall not contain misleading or false information, defamatory or offensive content, or otherwise prohibited or illegal content in any applicable jurisdiction (d) you will not create a text hyperlink for any illicit purpose or to violate any applicable laws, rules or regulations; (e) without our prior express written consent, you will under no circumstances use any of our logos or proprietary content, such as graphics; (f) you will not utilize any framing techniques, or enclose any of our trademarks, logos, slogans, or any other Intellectual Property, confidential or proprietary information, or any Intellectual Property of any Content on Our Services, including that of Users, third parties or otherwise; and (g) that this limited right may be revoked at any time and for any reason in our sole discretion, and without liability to you. You agree, to the fullest extent permitted by law, to hold us harmless from any claim arising, either directly or indirectly, in connection with any of your text hyperlinks. To report a violation to this section, write to abuse@enoughtea.foundation

14. LIMITATION OF DAMAGES:

These limitations of damages are applicable to the greatest extent allowed by law. With respect to any of our actions, you may not recover damages against us, whether these damages are compensatory, consequential, punitive, or by way of restitution. You agree that: (a) we have the right to suspend or terminate Your Account at any time and for any reason without any liability to you; (b) we have the right or to stop any sale or purchase for any reason without any liability to you; and (c) if we receive any claim of infringement, or any information that you have violated any term herein, we have the right to suspend or terminate Your Account, or take any other action we deem necessary to protect ourselves, our Users, or any third party, all without any liability to you. You agree that we reserve the right to modify or remove Our Services, our website, our policies, our business model, our programs, and our rules regarding buying and selling anything on our website, without any liability to you, and without prior notice to you.

15. MODIFICATIONS TO OUR TERMS OF USE:

You agree that we reserve the right to modify Our Terms of Use at any time, by giving notice of the changes either by email or by posting on Our Services, such as by updating Our Terms of Use. You agree that any such changes shall be effective upon notice thereafter. Our Terms of Use shall continue in effect from that point onwards as modified.

16 SAVINGS CLAUSE:

In the event any clause herein is found to be unenforceable, then the remainder of Our Terms of Use shall remain in full force and effect. In the event that a provision constituting a Disclaimer of Warranty is not enforceable, all parts of that provision not meeting the strict legal definition of a Disclaimer of Warranty in the applicable jurisdiction in which its enforceability is challenged shall be severable from the rest of the provision itself, so that it may remain in full force and effect.

17. LOSS OF FUNDS/DAMAGES:

Owning, storing, and transacting Crypto Assets comes with several inherent risks. Additionally, the various DLT networks on which Crypto Assets are transacted or stored come with their own inherent risks. By using Our Services, you agree that you fully understand the existence of the following potential risks associated with buying, selling, owning, or otherwise using Crypto Assets: (a) Crypto Assets are often extremely volatile assets; (b) Crypto Assets may be subject to frequent, extreme market fluctuations; (c) CRYPTO ASSETS MAY SUDDENLY LOSE ALL VALUE, MONETARY OR OTHERWISE, AND WITHOUT PRIOR WARNING OR EXPLANATION; (d) Not all DLT networks are secure, and some may possess hidden security or privacy vulnerabilities that could potentially result in the loss or theft of your Crypto Assets; (e) the founders, developers, team or business behind a Crypto Asset may claim to be backed by an underlying asset or reserve, but these claims may be grossly inflated, or they may be fabricated in their entirety; (f) the founders, developers, team or business behind a Crypto Asset may not be insured or backed by an underlying asset, despite assurances to the contrary; (g) scammers and fraudsters may impersonate or hack accounts of well-known figures on social media, and they may use this account to ask you to send them virtual currency in exchange for the promise to “double” or otherwise increase your funds, or they may make other fraudulent statements to obtain information resulting in financial loss to you; (h) if you forget the private keys to your virtual currency wallet, your funds may become unrecoverable forever (i) If you send a Crypto Asset to the wrong address, it may be lost forever; (j) even the most reputable exchanges or hosted wallet providers can suffer hacks, and it is incumbent upon you to understand their terms regarding reimbursement or recovery, if any, in the event that they lose your property; and (k) if you store your Crypto Assets in an exchange or with a wallet hosting provider, utilizing a text messaging service (SMS) as your two-factor authentication may make you vulnerable to “SIM-swap hacks.” This list is by no means exhaustive, and there are several other risks to owning, storing, and transacting virtual currencies, non-fungible tokens, or any other Crypto Asset. as transactions on most dlt networks cannot be reversed. you agree, to the fullest extent permitted by law,  to hold us harmless if you send your crypto asset to the wrong wallet address, or otherwise fail to provide all information necessary for a purchase, sale, or any other transaction to be completed in the manner in which you intended. Furthermore, by using our services, you have assumed all possible risks associated with owning and transacting Crypto Assets, and you agree that in addition to these possible risks described above, you assume the multitude of risks not mentioned herein Our Terms of Use, and you agree that we have no liability to you inconsistent with this position.

18. CONTENT DISCLAIMER:

We are not responsible for any commentary, advice, opinions, statements, offers, or any information made available on Our Services by Users, Buyers, Sellers, or other third parties. All such commentary, opinions, advice, statements, offers, or information are those of their respective authors, and you must conduct your own due diligence to determine their level of accuracy and authenticity. You agree that you shall, under no circumstances, accept financial advice from anyone in connection with our services. Furthermore, you agree, to the fullest extent permitted by law,  to hold us harmless from any claim arising, either directly or indirectly, from the commentary, opinions, advice, financial advice, statements, offers, or information of these authors.

19. DECLARATION OF THE BUYER:

As the Buyer, you warrant and represent that: (a) all information regarding your identity or any other matter is truthful, and any documents you give us are genuine, and that we may rely on them; (b) the funds used to make any purchase have been lawfully obtained by you, and that their use violates no laws, including but not limited to the Bank Secrecy Act (BSA),  anti-money laundering rules and regulations, such as those administered and enforced by the Financial Crimes Enforcement Network, laws concerning tax evasion, or any other criminal activity in any jurisdiction applicable to the sale and transfer of the Work; (c) absolutely none of the funds originate from any Prohibited Jurisdiction as described in Our Terms of Use; (d) you shall truthfully answer any inquiry regarding source of funds and cooperate with any AML/KYC rules and regulations in any jurisdiction, and you agree to cooperate with all of our AML/KYC efforts; (e) it is incumbent upon you to conduct due diligence on the credibility of the Seller and on the Work that you wish to purchase from the Seller; and (f) if you are acting as an agent for any third party, you shall fully disclose the identity of your principal(s) to us, and that all of the above statements are truthful as to such principal.  

20. ASSUMPTION OF RISK OF THE BUYER:

You agree that: (a) as the Buyer, you are responsible to pay all applicable taxes you may owe, including any applicable sales taxes or VAT you may owe in any jurisdiction in connection with that purchase; (b) you shall conduct your own due diligence with respect to any Content you wish to purchase; (c) it is incumbent upon you to know your tax obligations. 

21. RESTRICTED JURISDICTIONS AND SANCTIONS:

You warrant and represent that: (a) you shall not access Our Services from within any location subject to the jurisdiction of the government of the Russian Federation, the Federation of Malaysia, the Republic of Belarus, the Islamic Republic of Iran, the so-called “Autonomous Republic of Crimea,” the Bolivarian Republic of Venezuela, the Republic of Cuba, the Syrian Arab Republic, or the Democratic People's Republic of Korea. (b) you are not a resident, “ordinarily resident” or otherwise, of any jurisdiction subject to U.S. sanctions (“Prohibited Jurisdiction”) in accordance with all rules and regulations of the Office of Foreign Assets Control of the U.S. Department of the Treasury; (c) absolutely no person or entity residing in any Prohibited Jurisdiction shall have an Ownership Interest in any of Your Content; and (d) you shall not share any proceeds of any transaction in connection with Our Services with any individual or entity residing in, ordinarily resident of, or otherwise located in a Prohibited Jurisdiction. “Ownership Interest” means as any direct or indirect financial interest, or any other interest that would be considered ownership within the regulations and laws of the United States, the United Kingdom, the European union, the Republic of Singapore, the British Virgin UIslands, or any of other applicable laws and regulations governing your use of our services.

22. LAW ENFORCEMENT COMPLIANCE:

We comply with all applicable laws and regulations governing your use of Our Services. If law enforcement agencies require us to share information about you, such as your KYC Data, to the extent required by applicable law, we will share this data with law enforcement. You agree that we may disclose your KYC Data to (a) the Office of Foreign Assets Control of the U.S. Department of the Treasury; (b) the Financial Crimes Enforcement Network of the U.S. Department of the Treasury; (c) New York State Department of Financial Services; the U.S. Securities and Exchange Commission; (d) the U.S. Commodity Futures Trading Commission; and (e) any other U.S. or BVI  government agency. Notwithstanding, we may not do anything that violates your privacy rights.

23. COMMUNICATIONS BY EMAIL DO NOT CONSTITUTE LEGAL NOTICE:

You agree that email or electronic communications to us do not constitute notice to us. Legal notice must be sent by certified mail to the following address:

ENOUGHTEA FOUNDATION LTD.

“Attn: Legal Notice”

3 Fraser Street 

#05-25 Duo Tower 

Singapore 189352

24. WARRANTY DISCLAIMER:

BY USING OUR SERVICES, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, TO THE FULLEST EXTENT PERMITTED BY THE LAW, FOR ANY DAMAGE, LOSS OR CLAIM ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM: (A) YOU FORGETTING OR LOSING YOUR PASSWORD OR SEED PHRASE; (B) ANY USE OF BEP-721, HRC-721, ERC-721, ERC-1155,  BEP-1155, OR ANY CRYPTOGRAPHIC TOKENS ON THE HEDERA TOKEN SERVICE; (C) YOU SENDING A CRYPTO ASSET TO THE WRONG ADDRESS, OR THROUGH THE WRONG DLT NETWORK; (D) YOU MISTYPING, MISSPELLING OR OMITTING ANY INFORMATION IN CONNECTION WITH ANY TRANSACTION ON A DLT NETWORK, SUCH AS A WALLET ADDRESS OR MEMO; (E) ANY AND ALL SERVER FAILURES;  (F) USER ERROR OF ANY KIND; (G) EXCESSIVE “GAS FEES,” OR OTHER FEES ON A NETWORK INCIDENT TO THE TRANSFER, TRANSACTION, STORAGE OR MAINTENANCE OF CRYPTO ASSETS; (H) LOSS OF DATA; (I) ANY UNAUTHORIZED THIRD PARTY ACTIVITY, INCLUDING BUT NOT LIMITED TO THAT OF HACKERS OR OTHER CYBERCRIMINALS; (J) VIRUSES, RANSOMWARE, TROJAN HORSES, OR OTHER FORMS OF MALWARE; (K) BRUTE-FORCE ATTACKS, OR OTHER FORMS OF HACKING, INCLUDING BUT NOT LIMITED TO “SIM-SWAP HACKS,” DDOS ATTACKS OR PHISHING; (L) UNAUTHORIZED ACCESS TO APPLICATIONS, THE SOFTWARE OR OUR SERVICES; (M) KEYLOGGING PROGRAMS OR OTHER SPYWARE; (N) CYBERATTACKS AGAINST OUR SERVICES OR ANY THIRD-PARTY EXTENSIONS OR APIS IN CONNECTION WITH OUR SERVICES; O) CYBERATTACKS OR HACKS ON THIRD PARTY EXTENSIONS UTILIZED BY OUR SERVICES, DISTRIBUTED LEDGER TECHNOLOGIES, CRYPTO ASSETS, OR THEIR RESPECTIVE DLT NETWORKS; (P) CORRUPTED FILES, INCLUDING BUT NOT LIMITED TO WALLET FILES; (Q) HARDWARE FAILURE OF ANY KIND; (R) POORLY EXECUTED SMART CONTRACTS; (S) ANY UNDESIRED RESULT ARISING FROM YOUR USE OF CRYPTO ASSETS (T) SMART CONTRACTS OR SOFTWARE THAT VIOLATES OUR TERMS OF USE, OR ANY APPLICABLE LAWS, RULES OR REGULATIONS, (U) MALICIOUS SMART CONTRACTS; (V) INCOMPLETE OR INEFFICIENT SMART CONTRACTS; (W) UNCOMPLETED TRANSACTIONS ON ANY DISTRIBUTED LEDGER TECHNOLOGY OR DLT NETWORK; (X) TRANSACTIONS THAT ARE REVERSED, LOST, OR OTHERWISE COMPROMISED ON ANY DISTRIBUTED LEDGER TECHNOLOGY, INCLUDING BUT NOT LIMITED TO TRANSACTIONS THAT ARE REVERSED, LOST OR COMPROMISED DUE TO 51% ATTACKS; AND (Y): FAULTY OR POORLY WRITTEN CODE OR SOFTWARE; OR (Z) KYC DATA BREACHES BY HACKERS OR OTHER NEFARIOUS THIRD PARTIES; YOU UNDERSTAND THAT ALL TRANSACTIONS ON ANY DISTRIBUTED LEDGER TECHNOLOGY ARE FACILITATED THROUGH THIRD PARTY VENDORS. YOU AGREE THAT WE HAVE NO LIABILITY FOR ANY ACT, ERROR, OR OMISSION, COMMITTED BY THOSE THIRD PARTIES.  OUR SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR SERVICES,  INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY  OR REPRESENTATION THAT ACCESS TO OR OPERATION OF OUR SERVICES SHALL BE  UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK  OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES,  INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM OUR SERVICES. NOT ALL PROVISIONS IN THIS SECTION MAY CONSTITUTE DISCLAIMERS OF WARRANTY IN YOUR JURISDICTION; LIKEWISE, PROVISIONS IN OTHER SECTIONS OF OUR TERMS OF USE MAY CONSTITUTE DISCLAIMERS OF WARRANTY  IN YOUR JURISDICTION. PROVISIONS THAT CONSTITUTE DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU, IN FULL OR IN PART, BUT ONLY TO THE EXTENT YOUR JURISDICTION LIMITS OR PROHIBITS PROVISIONS ON DISCLAIMERS OF WARRANTY  PROVISIONS.

25. INDEMNITY:

YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS ENOUGHTEA FOUNDATION LTD, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONTRACTORS, EMPLOYEES AND AFFILIATES, FROM AND AGAINST ANY CLAIM FROM ANY THIRD PARTY ARISING OUT OF: (A) YOUR CONDUCT ON OUR SERVICES; (B) GAMBLING, ILLEGAL OR OTHERWISE; (C) YOUR USE OF OUR SERVICES; (D) COPYRIGHT INFRINGEMENT; (E) VIOLATIONS OF INTELLECTUAL PROPERTY; (F) VIOLATIONS OF PRIVACY; (G) THE MISAPPROPRIATION OF SOMEONE’S LIKENESS; (H) ANY USE BY YOU OF OUR SERVICES WHERE IT IS CLAIMED THAT WE ARE LIABLE BECAUSE YOU USED OUR SERVICES TO COMMIT A CRIME OR A TORT, COMMIT FRAUD, MAKE THREATS, INCITE VIOLENCE, CYBERBULLY, STALK, HARASS, OR COMMIT ANY VIOLATION OF OUR TERMS OF USE; AND (H) ANY DATA BREACH AT JUMIO CORP, APPLE INC, GOOGLE LLC, THAT RESULTS DATA YOU HAVE PROVIDED TO USE BECOMING COMPROMISED. INDEMNIFICATION MEANS PAYING ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES AND LEGAL COSTS, INCURRED IN DEFENDING AGAINST CLAIMS, REGARDLESS OF WHETHER MERITORIOUS, MADE AGAINST US, AND OUR AFFILIATES, ARISING OUT OF YOUR CONDUCT, ACTIONS, OR USE OF OUR SERVICES. WHENEVER OUR TERMS OF USE MENTIONS “INDEMNIFICATION,” THE PHRASE “HOLD HARMLESS” “HOLD US HARMLESS” “INDEMNITY” OR ANY SIMILAR PHRASE, THEN THESE OBLIGATIONS OF INDEMNITY SHALL BE INCORPORATED INTO THOSE PROVISIONS AS WELL. THIS INDEMNITY PROVISION IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ENOUGHTEA FOUNDATION LTD. THIS PROVISION EXPLAINS THE SCOPE OF ANY INDEMNITY PROVISION IN OUR TERMS OF USE.

26. WAIVER AND MISCELLANEOUS TERMS:

Headings in each paragraph are inserted for reference purposes only, and shall not affect the meaning or construction of Our Terms of Service. You understand that Our Terms of Use constitutes a binding contract between you and us. As used herein, where the context requires the singular or plural number, or masculine or feminine, then Our Terms of Service shall be so interpreted. You agree that no provision of Our Terms of Service shall be interpreted against us solely as a result of the fact that we were responsible for the drafting of Our Terms of Use.

27. ENTIRE AGREEMENT:

Our Terms of Use constitute the entire agreement between you and us in connection to your use of Our Services and shall supersede all prior written or oral agreements between you and us. You further agree that there are no oral agreements whatsoever between yourself and us.

28. NO CLASS ACTION

No class action or class arbitration may be filed by you, either as a plaintiff or as a class member. Furthermore, you shall not join any other plaintiff in a lawsuit or action against us, our officers, directors, agents or employees in any matter arising, directly or indirectly, out of these Terms of Use or your use of Our Services.

29. DISPUTE RESOLUTION, GOVERNING LAW, ARBITRATION AND CLASS ACTION WAIVER. READ THIS PART CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN LEGAL RIGHTS, INCLUDING THE WAIVER OF YOUR RIGHT TO JOIN OR ORGANIZE CLASS ACTIONS:

You agree that any and all disputes or claims in relation between you and us, our officers, directors, agents or employees, regardless of whether there are other parties involved, arising either directly or indirectly in connection with your use of Our Services, shall take place exclusively under the jurisdiction of Singapore. This means that by using Our Services, you consent to Singapore as the sole jurisdiction and venue, and Our Terms of Use shall be interpreted solely under the laws of the Singapore. ALL CONTRACTUAL AND NON-CONTRACTUAL DISPUTES, CONTROVERSIES OR CLAIMS OF ANY KIND BETWEEN YOU AND US ARISING, EITHER DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF OUR SERVICES SHALL BE RESOLVED BETWEEN THE PARTIES BY NON-CONSUMER ARBITRATION ONLY. ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES IN CONNECTION WITH THE TERMS OF THE AGREEMENT. As a precondition to filing any arbitration proceeding or lawsuit, you agree that no action shall be filed before first attempting mediation. You agree to contact us in writing at least 45 days before initiating any arbitration proceeding or lawsuit, explaining your claims in detail, and giving us an opportunity to resolve them. YOU AGREE THAT FAILURE TO GIVE  US THE 45 DAYS NOTICE TO RESOLVE YOUR CLAIMS, OR MEDIATE BEFORE FILING ANY ARBITRATION PROCEEDING OR LAWSUIT, SHALL RESULT IN THE DISMISSAL OF YOUR ACTION.