Terms of Service

Date Last Modified: July 22, 2024

Introduction

Welcome to SkinManager (the "Platform"). The Platform is operated by DATACORTEX PTE. LTD, a company registered under the laws of Singapore with registration number 202425804C and its registered address is at 6 Eu Tong Sen Street #09-09, The Central Singapore (059817) ("we," "us," or "our").

By accessing or using the Platform at https://skin-manager.com/ (the "Website"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms") and any additional terms stipulated in a direct written agreement between you and DATACORTEX PTE. LTD.

1. Acceptance of Terms

By accessing or using the Platform, you agree to comply with and be bound by these Terms and any amendments to them. If you do not agree to these Terms, please do not use the Platform.

In addition to these Terms, you will be required to enter into a direct written agreement with DATACORTEX PTE. LTD. The terms and conditions of such direct written agreements shall prevail over these Terms in the event of any conflict or inconsistency between the two. These Terms will continue to apply to the extent that they do not conflict with the terms of the direct written agreement.

2. Eligibility

The Platform is intended for use by business clients only. By using the Platform, you represent and warrant that you are authorized to act on behalf of the business you represent and that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms.

3. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The latest version of the Terms will be posted on the Website. It is your responsibility to review the Terms periodically. Your continued use of the Platform after any changes to the Terms constitutes your acceptance of those changes.

4. Registration and Account

4.1 Registration

To access all features of the Platform, you are required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account. You will immediately notify us of any unauthorized use of your account.

5. Use of the Platform

5.1 License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform in accordance with these Terms.

5.2 Restrictions

You agree not to:

6. Fees and Payments

6.1 General

Access to and use of all features and services provided by the Platform require the payment of fees. The specific details regarding fees, payment terms, billing cycles, and other related financial terms will be outlined in a direct written agreement between you and DATACORTEX PTE. LTD.

6.2 Fee Structure

The fee structure for the Platform may include, but is not limited to, one-ff integration fee, subscription fees, usage fees, transaction fees, and any other applicable charges as agreed upon in the direct written agreement.

6.3 Payment Terms

All payment terms, including due dates, accepted payment methods, and any penalties for late payments, will be specified in the direct written agreement. You agree to adhere to the payment terms as stipulated in the agreement.

6.4 Non-Payment

Failure to pay any fees due in accordance with the direct written agreement may result in the suspension or termination of your access to the Platform, at the discretion of DATACORTEX PTE. LTD.

6.5 Taxes

You are responsible for paying any applicable taxes related to your use of the Platform, as specified in the direct written agreement. DATACORTEX PTE. LTD will invoice you for such taxes if required.

7. Intellectual Property

7.1 Ownership

All content on the Platform, including but not limited to text, graphics, logos, and software, is the property of DATACORTEX PTE. LTD and is protected by intellectual property laws.

7.2 Trademarks

All trademarks, service marks, and trade names are the property of DATACORTEX PTE. LTD. You may not use any such marks without the prior written consent of DATACORTEX PTE. LTD.

8. Privacy Policy

8.1 Collection of Information

We collect information you provide directly to us, such as when you create an account, update your profile, or use our customer support. The types of information we collect include but are not limited to your name, email address, business information (company name, address, registration number, tax number (if applicable)).

8.2 Use of Information

We use the information we collect to provide, maintain, and improve our services, including to process transactions, send you technical notices and support messages, respond to your inquiries, and communicate with you about products, services, and offers.

8.3 Sharing of Information

We do not share your personal information with third parties except as necessary to provide our services, comply with the law, enforce our agreements, or protect our rights.

8.4 Data Security

We take reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.

8.5 Data Retention

We retain information about you for as long as necessary to fulfill the purposes for which we collected it, or as required or permitted by applicable laws.

9. Limitation of Liability

9.1 No Liability for Certain Types of Damages

To the fullest extent permitted by law, DATACORTEX PTE. LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Platform; or (d) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Platform by any third party.

9.2 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, DATACORTEX PTE. LTD's liability will be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to indemnify and hold harmless DATACORTEX PTE. LTD, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms.

11. Governing Law

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

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any arbitration, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the use of the Platform (collectively, "Disputes") informally. To initiate an informal resolution, you must send a written notice of the Dispute to DATACORTEX PTE. LTD at our registered address, detailing the nature of the Dispute and the relief sought. Both parties agree to negotiate in good faith to resolve the Dispute informally. If the Dispute is not resolved within 30 (thirty) calendar days of the notice, either party may proceed to initiate arbitration as described below.

12.2 Arbitration

If the Dispute is not resolved through informal resolution as outlined above, the Dispute shall be resolved through binding arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with its Arbitration Rules. The arbitration will be conducted in Singapore, in the English language, and before a single arbitrator.

12.3 Arbitration Procedure

12.4 Costs

Each party shall bear its own costs and expenses of the arbitration, including legal fees, unless the arbitrator determines that awarding costs and expenses to the prevailing party is justified under the circumstances.

12.5 Prohibition of Class and Representative Actions and Non-Individualized Relief

You and DATACORTEX PTE. LTD agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

12.6 Confidentiality

Any arbitration proceedings, including the existence of the arbitration, any non-public information provided during the arbitration, and any filings, orders, or awards issued in the arbitration, shall be kept confidential except as necessary to prepare for or conduct the arbitration hearing, or except as required by law or judicial decision.

By agreeing to these Terms, you acknowledge that you have read, understood, and agree to be bound by this dispute resolution process and the prohibition on class and representative actions.

13. Termination

13.1 Termination by Us

We may terminate or suspend your access to the Platform, with or without cause, and with or without prior notice, at any time and at our sole discretion. Reasons for termination may include, but are not limited to:

13.2 Termination by User

You may terminate your account at any time by providing written notice to DATACORTEX PTE. LTD at support@skin-manager.com and ceasing all use of the Platform, subject to the terms of any direct written agreement. Upon termination of your account, you must cease all use of the Platform and delete any copies of materials downloaded from the Platform that are in your possession.

13.3 Effect of Termination

Upon termination of your account for any reason:

13.4 Survival of Terms

The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and governing law.

13.5 No Refunds

Unless otherwise provided in these Terms or as required by law, any fees paid by you prior to your termination are non-refundable, including any fees paid in advance for the subscription term during which you terminate.

13.6 Third-Party Termination

If your account or access to the Platform is terminated by a third-party service provider integrated with the Platform, such termination shall be governed by the terms of service or agreement you have with that third party.

13.7 Notice

Any termination notice provided by us to you will be delivered via email to the address provided during registration or any other method we reasonably choose. Notice to us from you regarding termination must be sent via email to support@skin-manager.com.

14. Miscellaneous

14.1 Entire Agreement

These Terms, along with any direct written agreement you may have with DATACORTEX PTE. LTD, constitute the entire agreement between you and DATACORTEX PTE. LTD regarding the use of the Platform and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter. In the event of any conflict between these Terms and a direct written agreement, the terms of the direct written agreement shall prevail.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and DATACORTEX PTE. LTD's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Contact Information

If you have any questions about these Terms, please contact us at:

DATACORTEX PTE. LTD
6 Eu Tong Sen Street #09-09, The Central
Singapore (059817)
Email: support@skin-manager.com

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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