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Please read the following Terms of Use (“Terms”) carefully before using any website, mobile and tablet application (collectively, the “Platform”) and services associated to the Platform owned and operated by Matrix Learning Tech Pte. Ltd (collectively “Matrix”, “our”, “we” or “us”).

The Terms between you and Matrix applies to the person using our Platform (collectively “you”, “your”, “yours”, “user” or “users”) and governs your use of our website, contents, apps, and other products and services (“Services”) on our Platform, which shall be read with the Privacy Policy. You must accept the Privacy Policy and Terms in full to use our Platform and Services. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software and that these Terms will apply to such updates.

Matrix reserves the right to change, edit, add or remove parts of the Terms at any time by posting the modified Terms. Please check these Terms periodically for changes. Your continued use of any Services following any such change constitutes your agreement to be bound by any and all such modifications. In addition, you may be subject to additional terms, posted guidelines or rules, as may be applicable to such services and offers. All such additional guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by this reference into, and made a part of, the Terms.

Users must read carefully and understand all Terms before using the Services. By choosing to visit the Platform or using the Services or by checking a box that states you accept or agree to these Terms, you affirm that you have read, understood, and agreed to be bound by these Terms, including the policies referenced in these Terms. If you do not agree with any of these conditions, please exit this page and stop accessing the Services immediately.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST MATRIX. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS. THE TERMS OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE.

1. Term of Service

1.1. You may use our Services only if you can form a binding contract with Matrix, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under thirteen (13) years old for users in Singapore (“Child”) is prohibited, unless with supervision and approval from the parents or legal guardians of the Child.

1.2. Matrix reserves the right to amend the Terms at any time in its sole discretion without specific notice to you and you shall not have the right to claim any loss or damage from Matrix. Matrix will post a notice on the Platform any time the Terms have been changed or otherwise updated. It is your responsibility to review the Terms periodically, and if at any time you find the Terms unacceptable, you must immediately leave the Platform and cease all use of the Services. You shall be solely responsible for any civil and/or criminal liability, tort, which may occur.

2. Our License to You
2.1. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Matrix, and you will not share access to your account or access information for your account with any third-party. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
3. Services and Courses

3.1. Subject to the Terms, Matrix may offer to provide certain online tutoring courses and content (“Content Offerings”), as described below and on the Platform, solely for your own use, and not for the use or benefit of any third-party. For the avoidance of doubts, Content Offerings are considered as part of Services. Matrix may change, suspend or discontinue all or any part of the Content Offerings at any time, including the availability of any feature, database, or content. Matrix may also impose limits on certain features and services or restrict your access to parts or all of the Content Offerings without notice or liability.

3.2. Our Content Offerings may be delivered in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered. Matrix reserves the right to amend, revise or update the Content Offerings at any time. Matrix reserves the right to cancel, interrupt, reschedule, or modify any courses, or change the point value or weight of any assignment, quiz, or other assessment in its sole discretion.

3.3. We may offer trial classes for a specified period without payment or at a reduced rate. We may determine your eligibility for a trial class and withdraw or modify a trial class at any time without prior notice and with no liability, to the extent permitted under applicable law. Any trial class provided by us shall also be governed by these Terms.

4. User Content

4.1. The Services may enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with Matrix, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on the Platform as part of the Content Offerings or Services.

4.2. To the extent that you provide User Content, you grant Matrix a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use your Content. Nothing in these Terms shall restrict other legal rights Matrix may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies.

5. User ID and Service Accounts

5.1. In order to access the Platform and the Services, You may have to create an account (“Service Account”) and disclose information including, but not limited to: (i) name, e-mail ID, photograph, location and other contact information; (ii) gender and other demographics; (iii) birth date and year to validate the current age of the Child; and (iv) your email address to acquire the parental consent (“Personal Data”).

5.2. You agree to provide true, accurate and complete information about yourself, as prompted by the Service Account registration process. Matrix reserves all rights to revoke any Service Account that is found registered with untrue information; and you agree to accept any damages that may occur from untrue or other personal information and will not request for any indemnification from Matrix. Any information that you register with Matrix and/or any service information belongs to Matrix; and you agree to allow Matrix to reveal your information and/or service information to government agencies (E.g. the police) upon receiving any requests by such agencies.

5.3. You agree and accept that any information that Matrix marks as important will not be able to be changed, modified, or removed after registration, unless by special written request from you.

5.4. You acknowledge that your User ID and password is for your exclusive use only. Use or sharing of your Service Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the Content Offerings provided by Matrix and shall lead to termination of this Agreement without any notice.

5.5. By registering successfully, you will be deemed to have the ability to act independently, that you are aware of your rights, and that you can assume legal responsibility independently. To agree to these Terms, you must: (i) be 18 or older or have your parent and/or guardian’s consent to agree to the Terms; and (ii) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. If you register for a Service Account and use the Services in violation of the aforementioned registration restrictions, Matrix reserves the right to suspend or terminate your Service Account at any time and, if applicable, require your guardian to assume the corresponding responsibility.

5.6. You are solely responsible for maintaining the confidentiality of your Service Account and for all activities that occur under it. You shall keep his or her Service Account password (“Password”) as confidential information known only to him or herself. You agree not to provide your Service Account and Password to any other person. Matrix is not responsible in the event that your account is “hacked”, or if your account or your computer is damaged by a virus, or of any other issues with your computer or your account. You agree to notify Matrix immediately on any unauthorised use of your Service Account or Password. If you report your account stolen, hacked, or in any way compromised, Matrix will suspend the account while the matter is investigated. Following this investigation, Matrix will determine appropriate course of action in its sole and absolute discretion. Importantly, Matrix shall not be liable for any loss or changes in your account that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Matrix, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Service Account or Password.

5.7. Matrix reserves the right to terminate, suspend, or otherwise restrict your use of and access to the Platform or Services, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms or any inappropriate or unlawful behaviour on your part. You may terminate your Service Account at any time by following the instructions posted on the Platform.

6. Code of Conduct

6.1. By using the Services, You agree to abide by applicable laws and regulations and pay strict attention to the statements and contents You publish. You must not publish the following statements or engage in the acts listed below in this Section 6.1. If we discover such acts, we have the right to immediately suspend or terminate the Services provided to you and take all other necessary measures to prevent such acts. The list of prohibited acts includes, without limitation:

(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access;

(b) use of the Services for any commercial use or purpose, unless expressly permitted by us in writing, it being understood that the Services are intended for personal, non-commercial use only;

(c) rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses for any Services;

(d) post, upload, or distribute any defamatory, libellous, or inaccurate content;

(e) post, upload, or distribute any content that is unlawful or that Matrix deems, in its reasonable discretion, objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

(f) use the Services in any manner that is harmful to minors, or in any manner that violates these Terms;

(g) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service Accounts of others without permission, or perform any other fraudulent activity;

(h) delete or remove any copyright or other proprietary rights notices on the Services or on any licensed educational content, licensed educational code, or User Content;

(i) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);

(j) use the Services for any illegal purpose, or in violation of any national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

(k) using the Platform or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

(l) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Platform or Services;

(m) defame, harass, abuse, threaten or defraud users of the Services;

(n) collect, or attempt to collect, personal information about users or third parties without their consent;

(o) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services, licensed educational content, licensed educational code, or User Content, features that prevent or restrict use or copying of any content accessible through the services, or features that enforce limitations on the use of the Services, licensed educational content, licensed educational code, or User Content;

(p) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except, and only to, the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or

(q) intentionally interfere with or damage operation of the Services or any user's enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

6.2. We reserves the right, without notifying you, to delete, at our sole discretion, any and all information posted by you that does not comply with applicable laws and our policies, is untrue, constitutes a serious moral violation, inconsistent with the information at the time of registration (and fails to provide reasonable proof of the information’s authenticity), or is required to be deleted by legal or regulatory authorities, for security or any other necessary reasons. If you fail to comply with the list of prohibited acts, we reserve the right to immediately suspend or terminate the Services to you and to take any action that we deem necessary.

7. Payment Obligations
7.1. The primary cardholder is fully held responsible for all purchases made using his/her credit card or PayPal account. Any purchase made using your credit card or PayPal Account will be assumed to be approved and authorised by you. Please keep your credit card or PayPal Account safe and monitor the use of your credit card or PayPal Account carefully. Continued use of our Platform constitutes your agreement to this condition. If you are under 18 years old, you may make payments to Matrix only with the involvement of a parent or guardian.
8. Cancellation and Refund

8.1. Subject to this Section 8, your subscription to the Content Offerings provided by Matrix may be cancelled and a refund offered:

(a) at any time at Your sole discretion;

(b) at any time at Matrix’s sole discretion and without prior notice; or

(c) If the courses do not materialise due to lack of subscribers or other reasons (including force majeure).

8.2. A cancellation in Section 8.1 must be made by a notice:

(a) If by you, to Matrix’s email address at sea-enquiry@walnutcoding.com; or

(b) If by Matrix, to your email address as stated in the Service Account.

8.3. A refund occurs when a cancellation notice is sent or received by Matrix, regardless of the reasons thereof:

Content Offerings

Time of Cancellation

Refunds

Ø  Trial Class Package

any time before the last class

Unused Credits*

Ø  Junior Game Designer 8 Classes

Ø  Game Designer 24 Classes

Ø  Advanced Programmer 48 Classes

Ø  Junior Python Programmer 96 Classes

Ø  Senior Python Programmer 144 Classes

within 30 days following the commencement date of the first class

Full payments of the package

after 30 days following the commencement date of the first class

Unused Credits*

*"Unused Credits" are those credits remaining in your accounts as of the date the refund is initiated.

8.4. All refunds will be processed and will only be provided using your original payment method or another method at Matrix’s discretion within sixty (60) days of the occurrence of the refund.

9. Third-party Services

9.1. Services provided by Matrix may use and/or contain certain software, products and services which are developed and owned by third parties, the use of which is governed by Terms of such third parties. Please read the Terms of Use and privacy policies for these services separately before using. By accessing the said third-party software, products and services, you agree to be bound by the respective user service agreement and privacy policy of these third parties. Accordingly, you agree that Matrix will not be responsible for such third-party software, products and services nor for any error, malfunction or defect in the services resulted therefrom.

9.2. Except as otherwise explicitly stated by Matrix, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Matrix will have no refund obligations. Matrix disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third-party's compliance or noncompliance with such policy.

9.3. Content on the Platform, including user-generated content, may include links to third-party websites. Matrix is not capable of reviewing or managing third-party websites, and assumes no responsibility for the privacy practices, content, or functionality of third-party websites. You agree to relieve Matrix of any and all liability arising from third-party websites.

9.4. Matrix has subscribed to third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. We do not disclose Personal Data to third parties for the purpose of allowing them to send marketing material to you. However, we may share non-personal, anonymised or aggregated information with select third parties for research, development, analytic or promotional purposes other than direct marketing. In some cases, the organisations that we may disclose your Personal Data to may be based outside the location where the information is collected. Where we do this, we require these parties to take appropriate measures to protect that information and to restrict how they can use that information.

9.5. In the event of any disputes between the third-party and you, Matrix shall not be held liable in any matter whatsoever.

10. Intellectual Property Rights

10.1. Matrix (and its shareholders, subsidiaries, affiliates, assignees, licensors, or other respective owners) is the owner of all information, content, software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, trademarks, services marks, trade dress, and other intellectual property displayed as part of the Services (individually and collectively, the “Materials”). The Materials, include without limitation, program code, interface design, layout frame, data materials, text, pictures, graphics, icons, audio, video, curriculum, teaching materials, course guidance, and any other content displayed as part of the Services, except for the content that should be entitled by the relevant right holders according to laws and regulations. You are granted no right or license with respect to any of these trademarks, service marks, or logos without our prior written consent.

10.2. Except as otherwise noted in the Services, Matrix hereby grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to use the Service and Materials on your computer or compatible devices that you own for your personal, non-commercial, educational and entertainment use within [Singapore]. You further agree that where specifically noted on the Services or in connection with any Materials, you will use such Materials in accordance with such specific terms and instructions. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast, or circulate any Materials to any third-party (including, without limitation, the display and distribution of the Material via a third-party website) without the express prior written consent of Matrix.

10.3. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Materials. You may not use the Materials in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Use of crawlers, bots, and/or similar data gathering and extraction tools are expressly prohibited. All rights not expressly granted herein are reserved.

11. Indemnification
11.1. You agree to indemnify and hold harmless Matrix and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Matrix Entities”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) any actual or alleged violation or breach by you of these Terms; (iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. We reserve the right to assume the exclusive defence of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

12.1. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. MATRIX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.

12.2. OUR SERVICES, MATERIALS AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, MATRIX ENTITIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:

(a) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS;

(b) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT;

(c) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;

(d) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES;

(e) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES;

(f) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND

(g) WARRANTIES THAT ERRORS IN OUR SERVICES WILL BE CORRECTED.

12.3. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MATRIX IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE PLATFORM. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, POSTINGS AND MATTERS ASSOCIATED WITH YOUR USE OF THE PLATFORM.

13. LIMITATION ON LIABILITY

13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU SPECIFICALLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL ANY OF MATRIX ENTITIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

13.2. YOUR SOLE EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICES OR TERMS IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.

13.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE OF MATRIX ENTITIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY MATRIX DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $300. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU AGREE THAT YOU RELEASE MATRIX FROM ANY SUCH CAUSE OF ACTION ABSOLUTELY.

14. Force Majeure

14.1. In no event shall Matrix be responsible or liable for any failure, delay, hindrance or disruption in the performance of the Services hereunder arising out of or caused by, directly or indirectly, forces outside of its control, including without limitation, strikes, work stoppages, acts of war, terrorism, civil or military disturbances, natural disasters, disruptions from pandemics and epidemics, hacker attack, data breach, ransomware attack, computer virus, or any other act that causes interruptions, loss or malfunction of utilities, communications, or computer services.

14.2. You shall understand, accept, and bear the above risks. Based on the influence of the above-mentioned unstable factors that may occur in each link, Matrix does not guarantee the timeliness, safety, and accuracy of the Services following so-called acts of God.

14.3. Matrix shall notify you of such force majeure within ten (10) days after such occurrence by giving written notice in accordance with Section 14 to you stating the nature of the event, its anticipated duration, and any action being taken to avoid or minimise its effect.

15. Notice

15.1. Any notice or other communication to be given under or in connection with this Agreement (“Notice”) shall be in the English language.

15.2. For each notice under these Terms, Matrix has the right to deliver it by public announcement through the Platform (including the website, application, push notifications, etc.), or by sending the information to your Service Account, your email address, your registered address, and/or a text message to your cell phone number, by calling your phone number, or by email to your email address.

15.3. A notice sent by you to Matrix may be done by sending it to the email address of Matrix at sea-enquiry@walnutcoding.com.

15.4. A notice shall be deemed to have been received:

(a) at the time of the public announcement if the notice is made by public announcement;

(b) at the time the message is sent by Matrix or you if sent in the form of electronic message to your Service Account, e-mail address, or mobile phone number;

(c) at the time the call was made if it is sent by telephone call; or

(d) three (3) business days after the time and ate of posting if sent by express or registered mail.

15.5. Please pay close attention to the information in your e-mail, mail, text message and cell phone, and notify Matrix to update your contact information when it changes. Matrix will only send you notifications based on the contact information you provide, and you will be responsible for any losses incurred by you due to failure to update your contact information in accordance with the above agreement. You also agree and acknowledge that if you have opted to not receive notifications or alerts from Matrix, you may not receive such notifications and you may not claim that such notifications were not delivered because you did not receive or read them.

16. Governing Law and Jurisdiction

16.1. This Agreement including any non-contractual obligations arising out of or in connection with this Agreement, is governed by and shall be construed in accordance with the laws of Singapore.

16.2. AGREEMENT TO ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO ARBITRATION, WHICH MEANS THAT YOU (INCLUDING, FOR THE PURPOSES OF THIS SECTION, ANYONE CLAIMING UNDER YOU OR ON YOUR BEHALF) AND MATRIX EACH AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT (INCLUDING THE SOFTWARE OR SERVICES) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER. YOU AND MATRIX EACH AGREE:

(a) Informal Resolution of Disputes. If you or Matrix has a dispute or disagreement with the other regarding the Services or any other aspect of this Agreement (each, a “Dispute”), you and Matrix each agree to first notify and provide a written description of the Dispute, all relevant documents/information, and a proposal for resolving the Dispute.

(b) Mandatory Arbitration of Unresolved Disputes. If after sixty (60) days the parties are unable to resolve the Dispute, YOU AND MATRIX BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE BINDING ARBITRATION, NOT A LAWSUIT (except for small claims court cases as described below) TO RESOLVE THE DISPUTE. You and Matrix each acknowledge and agree that, but for this agreement to arbitrate disputes, you and Matrix would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide the case and you and Matrix each voluntarily choose to waive that right and pursue all applicable Disputes through binding arbitration.

(c) All Disputes which are unresolved pursuant to Section 16.2(b) and which a party wishes to have resolved shall be referred upon the application of any party to, and finally settled by, arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

16.3. NO CLASS ACTIONS. TO THE EXTENT ALLOWED BY LAW, YOU AND MATRIX AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS. YOU AND MATRIX AGREE NOT EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

17. Miscellaneous

17.1. If you access or use our Services from a country or region outside of Singapore, you are responsible for strictly abiding by the laws governing online conduct and acceptable content in that country or region.

17.2. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

17.3. Except where specifically stated otherwise, if any part of these Terms is unlawful or unenforceable for any reason, you and Matrix both agree that only that part of the Terms shall be stricken and that the remaining terms in the Terms shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms shall remain in force.

17.4. Where we have provided you with a translation of the English language version of these Terms or our Privacy Policy, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

17.5. These Terms (including the Privacy Policy and any additional terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

17.6. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms or any rights hereunder without your consent and without notice.

These Terms were last modified on [30/03/2023].

Terms of Use