These Terms and Conditions (“Terms and Conditions”) govern your use as a user (the “User”), with respect to:
(a) your access to and use of the website and all its webpages thereunder which are organised and/or managed by Optimai Pte Ltd ("Optimai") (the “Game”); or
(b) any information, product or service provided by Optimai on, from or via the Game (the “Services”); or
By accessing and/or using the Game, the User agrees to be bound by the Terms and Conditions. If the User does not agree with any of the Terms and Conditions contained within, the User must discontinue using the Game.
Services
Users that register with Optimai to access content or services (“Registered User”) acknowledge and agree:
(a) that they are solely responsible for the protection and confidentiality of any password or User ID that may be issued to or subscribed for by them from time to time (“User Password”);
(b) that they will not reveal (or cause to be revealed through any act or omission) their User Password to any other person;
(c) to immediately notify Optimai if their User Password is lost or becomes known to any other unauthorised person;
(d) that they are solely responsible for all access to and use of the Game via their User Password, whether such access or use is by the Registered User or any other person;
(e) that Registered User Services are for one User only and the User will not let any other person use their User Password or any Registered User Services; and
(f) any information they provide to the Game or Optimai at (including, for the avoidance of doubt, any Intellectual Property rights that arise in such information) any time becomes our property.
(g) that they are responsible for securing their electronic devices used to access and use the training courses such as ensuring up to date antivirus signature, operating systems of devices are regularly patched up to date and screen lock their electronic devices when not in use.
Optimai reserves the right to, at any time to refuse the supply of or access to the Game or any of the Services to any User; or cancel any User’s account.
Optimai may modify (including change the form or content of, or the method of delivery for) or discontinue the Services or any User’s account, with or without notice, without liability to Users or any other person.
Any decision to modify, discontinue or refuse the supply of or access to the Services in accordance with these Terms and Conditions is at our sole discretion. We accept no liability for any consequences of any such modification, discontinuance or refusal of any of the Services.
General Terms of Trade
The disclaimers, liability limitation and indemnity in these Terms and Conditions apply to all transactions effected through, or as a result of accessing, the Game.
If Users order the Services from Optimai through the Game, the following conditions apply.
(a) A User’s order is an offer to buy the products or the Services and the User will be contractually liable to pay for the products or the Services, which Optimai may accept, in whole or in part.
(b) A User’s order will be deemed as accepted only after the User receives an acknowledgement of receipt of payment, transmitted by Optimai.
(c) Illustrations and specifications of the products or the Services are indicative only. The actual products or the Services supplied may differ.
(d) Where the products or the Services offered through the Game are supplied by third parties, we are an ordering intermediary only and are not responsible for those products or services or their delivery.
(e) The price is as stated on the Game in the relevant currency at the time of the order.
(f) Unless otherwise stated, the price excludes any applicable tax or any other government fee, levy or charge and delivery and insurance charges.
(g) The products and the Services available through the Game are subject to change at any time without notice. Listed products and Services may not be available immediately or at all. Prices might change when the products and Services become available.
(h) Users authorise us to charge their nominated credit card or other electronic payment facility accepted by us with the full price, applicable tax and any other government fee, levy or charge and delivery and insurance charges.
(i) We endeavour to arrange delivery as quickly as possible, subject to availability. However, Optimai and its affiliates will not be liable to any User if delivery is delayed or products or Services are forwarded to the wrong User, even if we have specified an indicative delivery time.
(j) The provision of products or Services to Users does not confer on them any Intellectual Property rights or any other proprietary rights inherent in the products supplied.
(k) Optimai may sub-contract the supply or delivery of products and/or Services at our sole discretion. We are not responsible for the acts or omissions of our sub-contractors.
Accessing the Game
Optimai does not guarantee the continuous accessibility or uninterrupted operation of the Game and shall not be held liable, if for any reason, any information is or becomes unavailable at any time or for any period. Optimai does not warrant or represent that any information transmitted via electronic mail or the Game to/from the User will be accurately received or is secure.
Variation
Optimai reserves the right to withdraw or vary any of the Terms and Conditions of the Game and/or any part of or information contained in the Game without any prior notice.
Suitability of materials
The material on the Game and anything provided as part of the Services is only of general informational value and does not in any way constitute legal or other professional advice or an approval, recommendation, endorsement or sponsorship by us. The information and content of the Game and any content made available via the Services does not address a User’s particular circumstances and accordingly, Users should not rely upon the content of the Game or anything presented as part of the Services as a substitute for proper professional advice. Optimai accepts no responsibility for any reliance placed on information or content provided on the Game or via the Services.
Optimai does not warrant the truthfulness, accuracy, currency, completeness, suitability or reliability of any information contained, linked or referred to in the Game, the content provided as part of the Services, or any other website.
Content of Third Party Websites
Optimai is not responsible for, and does not necessarily endorse, the content of any third party websites which may be linked from the Game out of convenience. Links are provided as a courtesy to you only and in no way should be interpreted as an endorsement or approval of or affiliation with any other website.
Other websites accessed through links on the Game, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which Users can accept by linking to a relevant website and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to Users for the delivery, condition and suitability of any products or services Users purchase by accessing those websites.
Limitations of Use
The User may not copy, display, distribute, modify, publish, reproduce, transmit and/or otherwise transfer any content obtained from the Game for any commercial purpose without Optimai’s prior written consent.
The User may not use the Game for any unlawful purpose or in such manner as prohibited by the Terms and Conditions, particularly:
(a) using the Game in any manner that could negatively affect the Game or the network connected thereto (including but not limited to damaging, impairing, interfering with or overburdening the Game (in whole or in part));
(b) gaining unauthorised access to the Game and the network connected thereto (including by way of hacking or password theft); and
(c) obtaining any information which is not intended by Optimai to be made available via the Game at that time.
Disclaimer and Exclusion of Liability
While Optimai endeavors to use reasonable efforts to ensure accuracy in the information presented on the Game, Optimai hereby disclaims all warranties and representations (express or implied), to the fullest extent permissible under the law, as to the accuracy, availability, completeness, timeliness, veracity and any other aspects of the information contained on the Game. Optimai assumes no responsibility for any content on the Game, which are provided on an “as is” and “as available” basis, and may contain inaccuracies and/or typographical errors. Optimai also does not warrant or represent that the Game will be free from any virus or other malicious, destructive or corrupting code, agent, program or macros.
Optimai and its affiliates hereby excludes their liability, to the fullest extent permissible under the law, for any direct, indirect, special or consequential damage or loss arising from any inability to access the Game, any use of the Game and/or any reliance on the information contained in the Game (including the Terms and Conditions) and any variation thereof, by the User.
In no event will Optimai or our employees, agents, suppliers, or contractors be liable to a User (whether such liability arises in contract, tort (including negligence) or otherwise) for (i) any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages; or (ii) any loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption (in each case whether direct or indirect), even if we have been advised of the possibility of such damages or losses, arising out of or in any way connected with:
(a) access to or use of the Game, the Services or any other website;
(b) access to, use of or reliance on any information, data, software, in, from or via the Game or Services;
(c) the inability to access or the malfunction of the Game or Services;
(d) a breach by Optimai of the Privacy Policy;
(e) the loss, use or misuse of, or unauthorized access to, any credit card details or other financial information provided by you to Optimai (whether via the Game or otherwise);
(f) our failure or the Game’s failure to complete any transaction for any reason;
(g) any failure or breach (whether by Optimai or any other person) of the Game’s security protections, mechanisms, protocols and/or procedures;
(h) the direct or indirect use of the Game, the Services or any other website by other persons;
(i) loss or corruption of data, information or software by any User or any other third party or interference with or damage to any User or third party computer or computer system; or
(j) or any other use of the Services, the Game by any User.
No advice or information, whether oral or written, obtained by any User from us via the Game, or the use of the Services shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
As stated above, Optimai is not liable if interference with or damage to a User’s computer or computer systems occurs in connection with use of the Game or a linked website. Users must take their own precautions to ensure that whatever they access, select or use is free of errors, viruses or anything else (such as “worms”, “Trojan horses” or other deleterious data or programs) that may interfere with or damage the operations of any computer or computer systems.
We do not warrant that the Game and/or the software, data or files contained in, accessed via or linked or referred to in the Game are free of viruses (or other deleterious data or programs) or defects or that use of the Game will not cause harm.
Notwithstanding anything to the contrary in these Terms and Conditions, nothing shall exclude or restrict our liability for fraud, fraudulent misrepresentation or for death or personal injury arising from our negligence.
Any communications or transactions with advertisers, merchants, and any other third party (the "Third Parties") found on the Game are solely between the relevant User and the Third Parties. To the fullest extent permitted by law, we will not be responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such advertisers and merchants on our Game.
We make no representations or warranties with respect to, and accept no responsibility for, the accuracy, suitability, completeness, content or use of the information accessible from, on or via the Game, the Services or any other website.
These disclaimers are in addition to and are not restricted or modified by any other warnings, limitations and disclaimers contained in these Terms and Conditions.
Warranties
To the fullest extent permitted by law we exclude, whether express or implied, all warranties (including without limitation any implied warranties of merchantability or fitness for a particular purpose), terms, conditions or representations of any kind.
In the event that any warranty cannot by law be excluded, our liability in any way related to the Game (or any third party website) including the use of the Game or any product or Service accessed, obtained or purchased via or from Optimai or the Game, is limited at our sole discretion to:(a) the resupply or the repair, or where the Services cannot be resupplied or repaired the replacement, of the relevant Services or if such Services are not available, the replacement of an equivalent (in our opinion) Service;(b) the purchase price paid by the User to us for that Service; or(c) where relevant, taking reasonable steps to rectify or stop any malfunction of, inability to access, or instance of unauthorised use of or access to the Game of which we become aware.
Copyright and Intellectual Property Rights
All the content on the Game (including but not limited to text, graphics, photographs, logos, icons, videos and sounds) is copyrighted and may not be used without the prior written permission of Optimai. Optimai does not warrant that the use of information contained in the Game will not infringe the intellectual property or other rights of third parties.
Indemnification
The User hereby irrevocably indemnifies, defends and hold harmless Optimai, its affiliates, directors, employees, agents, successors or assigns from and against any and all losses, claims, demands, liability, costs, expenses, actions or threat of action arising from or in connection with the User’s breach of the Terms and Conditions and/or in connection with the User’s use of the Game unless Optimai is liable due to its own wilful default, gross negligence or breach of any laws.
Governing Law
The Terms and Conditions are governed by the laws of Singapore. In accepting the Terms and Conditions, the User irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of Singapore.