- By downloading, browsing, accessing, signing up or otherwise using the services available from SDE through the Platforms, including all associated features and functionalities, websites and user interfaces, all content and software applications associated with the said services, accessing any music or videos or photo images or other content or material that are made available through or on any or all the Platforms, (collectively, the “Services”), you agree to be bound by the Agreement.
- SDE reserves the right to amend these Terms and Conditions of Use at any time. As such, the obligation is on you to review the Terms and Conditions of Use regularly for such changes. If you disagree with any of these Terms and Conditions of Use or the Agreement, you must immediately discontinue your access to any of the Platforms and your use of the Services offered on or through the Platforms. Continued use of the Services through any of the Platforms shall constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time by SDE.
- To download, install, access or use the Mobile App, you must be at least eighteen (18) years of age and located in Singapore. If you are under the age of eighteen (18) and you wish to download, install, access or use the Mobile App, you must get consent from your parent or guardian before doing so. In addition, save for SDE’s services provided through its radio stations, and/or its streaming services, and/or such contests as may be conducted by SDE from time to time for participants of all ages, by accessing and/or using the other Services through the Platforms, you confirm that you are at least eighteen (18) years of age.
- To access the Platforms and/or to access certain functions available on the Platforms, you may be requested to register and provide your personal details, notwithstanding that you may be allowed to use a unique username for purposes of accessing the relevant platforms. In particular, in such an event, you must provide your real name, telephone number, e-mail address, NRIC number, and/or such other requested information as may be stipulated by SDE. SDE shall be entitled to require you to provide proof of the authenticity of the aforementioned information given for verification purposes.
- For the purposes of these Terms and Conditions of Use, the term “Platforms” shall include all services, information, communications, compilations, images, software, text, graphics, messages, publications and all other materials supplied by SDE to you, whether posted or published on any of the Platforms or otherwise offered, supplied, produced, provided and/or delivered to you whether by way of electronic communications in the form of electronic mails, SMS, written correspondences, or any other such method or technology whether now known or hereafter developed.
- All services provided on or through the Platforms are intended solely for use in Singapore. SDE makes no representation that the products and services are available or otherwise suitable for use outside of Singapore. You further acknowledge that certain services on the Platforms, such as the Mobile App, may only be viewed and/or accessed in Singapore.
- SDE may also, from time to time, launch and/or offer other services on or through the Platforms which may be governed by different terms and conditions. Your use of such other services will accordingly be subject to such different terms and conditions.
- You may not be able to access all services on each of the Platforms, such as the Mobile App (or such other platforms as SDE shall deem fit from time to time), as certain services on the Platforms will only be made available to parties who are registered as registered users of the relevant Platforms with SDE. You warrant that all information provided by you at the point of account registration, including but not limited to all information in the application form(s), is true, correct and complete, and you have the capacity to enter into this Agreement and use the Services. You shall also be liable to ensure that all the information provided is updated, accurate and complete at all times.
- Once you have registered as a registered user of any of the Platforms, please keep your account and your account information confidential, safe and secure. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify SDE of any security breach of your account. SDE shall not be responsible for any losses arising out of the unauthorized use of your account at any time. In particular, you must not:
- disclose your registered account identification or password to any other party; or
- allow any other party to use or share your registered account.
- SDE shall be fully entitled to decline, or refuse any registration or terminate any registered account in its sole discretion without providing any reason whatsoever.
- Other users will be similarly responsible for all use of their respective registered accounts. Without affecting any limitation or exclusion of liability elsewhere in this Agreement, SDE shall not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with any use made by other users of their respective accounts.
Sale and Purchase Transactions
- All information displayed on the Platforms shall not constitute a formal offer capable of acceptance by you nor is any such information or request(s) to be considered a part of any agreement between SDE and you. Unless otherwise provided expressly in these Terms & Conditions of Use or elsewhere in any of the Platforms, all sale and purchase transactions are subject to acceptance by SDE. For the avoidance of doubt, you acknowledge that SDE does not stock all products or provide all services listed on any of the Platforms unless SDE expressly state that these are available for sale to you, and while SDE will take commercially reasonable efforts to work with its suppliers to provide updated and accurate information regarding the products and/or services listed on its Platforms, some errors and omissions are expected and products and/or services sold and/or delivered may differ to the product and/or services images presented on the Platforms.
- You agree that payment for all products purchased will be through the Platforms in accordance with any of the payment methods prescribed by SDE from time to time, including, but not limited to, credit cards, internet or mobile banking. You agree that SDE may charge your credit card as disclosed to SDE and/or collect any personal banking details necessary to effect payment from you via the Platforms for such sale and purchase transactions or for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your use of your account.
- You are responsible for the timely payment of all charges incurred through the use of the Platforms, and for providing SDE with valid credit card details and/or personal banking details to facilitate due payment of such charges. All charges shall be billed to the credit card designated by you during the registration process. If you want to designate a different credit card or if there is a change in your credit card status or information, you must change your information through the relevant Platform, although this may temporarily disrupt your access to the Platforms or the Services thereof while SDE verifies your new payment information.
- Your total price will include the price of the product and/or service purchased plus any applicable goods and services tax at the prevailing rate (“GST”), unless otherwise provided.
- Unless otherwise stated, payment may be made by Visa or MasterCard, or any other methods which may be clearly advertised on the Platforms from time to time (if any). You confirm that the credit card that is being used is yours or that you have been specifically authorised by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorisation by the card issuer, and shall be subject to the applicable user agreement issued by the same. If the issuer of your credit card refuses to authorise the payment transaction, we will not be liable for any delay or non-delivery of the goods and/or services purchased.
- By providing your credit card details and/or personal banking details in order to facilitate due payment under the Platforms, you accept that all online transactions made through or on the relevant Platform are processed using a third-party payment gateway.
- You will be responsible for complying with any terms and conditions and charges imposed by any third party service providers in connection with any payment gateway services provided to facilitate your online payments. Without affecting any limitation or exclusion of liability elsewhere in the Agreement, SDE shall not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with your use of any third-party payment gateway services.
- All sale and purchase of goods and/or services on or through the Platforms are final and are, unless otherwise expressly stated, non-refundable, non-exchangeable and non-transferable. Any and all promotional activities and/or products and/or services promotions are subject to such other terms, conditions and/or restrictions as may be published and/or notified by SDE from time to time, including but not limited to the following applicable terms:
- Any and all promotion codes shall only be applicable during the applicable promotional period unless otherwise stated;
- Any and all discounts are only applicable to regular-priced items unless otherwise stated. Discounts are not applicable to items that are already discounted and/or on promotion; and
- Any and all discount is not valid with other promotions, vouchers or promotion codes.
- Prices for products and/or services offered via the Platforms may change at any time, and the Platforms do not provide price protection or refunds in the event of a price reduction or promotion.
- Your use of the Platforms includes the ability to enter into agreements and/or to make transactions electronically. If you are under the age of eighteen (18), your parent or guardian shall be required to enter into the contract on your behalf.
- You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions as required. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on or through the Platforms, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- You hereby expressly agree and acknowledge:
- that all electronic communications made pursuant to the Agreement and/or the use of the Platforms shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
- that you shall not contest the legally binding nature, validity or enforceability of any transaction made through or on the Platforms on the ground that it was entered into electronically;
- that you shall expressly waive any and all rights which you may have to assert any such claims and shall comply with all relevant laws concerning electronic communications; and
- that any and all transactions, including but not limited to the passing of risk and/or title to any and all goods and services purchased and/or transacted on or through the Platforms pursuant hereto shall be deemed and construed to be transacted, transferred and/or passed to you in Singapore.
- All redemption of prize(s) given out in respect of any contest/s held by SDE shall be subjected to the terms herein, the SDE Contest Rules and/or any other rules and regulations which may be made applicable by SDE. Please refer to the SDE Contest Rules and such other rules and/or regulations in this respect accordingly.
- For the avoidance of doubt, SDE shall be entitled to require a contestant redeeming any prize given in any of SDE’s contest/s to provide proof of identity for verification purposes. In addition, you are responsible for ensuring that the requisite information for redemption is entered correctly and accurately. SDE shall not be liable for any prizes not received and/or not redeemed as a result of incorrect and/or inaccurate information being entered.
- All prizes redeemed are non-exchangeable and non-transferrable. Winners of SDE’s contests shall not be entitled to request for a substitution or any other form of consideration in lieu of the original prize. Notwithstanding this, SDE reserves the right to substitute any prize(s) for another of similar value in the event that the prize(s) redeemed or offered for redemption is not available for any reason whatsoever, and such discretion exercised by SDE for the substitution shall be final.
- All prizes must be claimed by the winners within 28 days from the date the results of the contests have been broadcast and/or announced by SDE, failing which, such prizes may be forfeited.
- You may post, upload, or otherwise contribute content to such services as may be rendered through any of the Platforms which allows for the same, or third party sites, applications and/or facilities which may be linked to such Platforms, including, but are not limited to, pictures, text, messages, information, descriptions and/or other types of content (the “User Content”). You agree that whether or not such User Content is published, SDE does not guarantee confidentiality and/or security of the User Content.
- By submitting the User Content on any of the Platforms, you agree that you own or have the right to post such User Content, and that you are solely responsible for the same. Such User Content shall not violate any terms of the Agreement or any applicable laws of Singapore, including but not limited to any international intellectual property rights. SDE does not have control of or in any way endorse any User Content or any opinion, recommendation, or advice expressed therein, and SDE expressly disclaims any and all liability in connection with the User Content.
- The User Content (or any materials contained therein):
- shall not contain any information and/or materials that is false, inaccurate, incorrect, untrue or misleading;
- shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- shall not be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing in any way;
- shall not be obscene or contain child pornography or anything adult in nature or harmful to minors;
- shall not contain any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- shall not create any liability for SDE or cause SDE to lose (in whole or in part) the services of SDE’s ISPs or other suppliers.
- shall not cause SDE to violate any applicable law, statute, ordinance or regulation.
- By submitting and/or uploading User Content on any of the Platforms, you hereby grant SDE a worldwide, non-exclusive, royalty-free, transferable licence (with the right to sub-licence) right to use and exercise the copyright and publicity rights you have in the User Content in any media or digital formats now known or not currently known. You agree that the licence granted by you vis-à-vis the User Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights (if any).
- By using the Platforms and submitting User Content on any of the Platforms, you agree to indemnify and hold SDE harmless from and against all damages, losses, and expenses of any kind (including legal fees and disbursements) arising from any claim which arises out of the User Content.
- SDE may, but has no obligation to, monitor, review or edit the User Content. SDE reserves the right to remove any User Content or disable access to any User Content if such User Content is in violation of the terms of the Agreement and/or the applicable laws of Singapore. SDE shall be further entitled to remove any User Content at its sole discretion without any prior notification to any user who had supplied such User Content.
- You agree and acknowledge that all discussion for ratings, comments, bulletin board services, chat rooms, social media platforms, and/or other message or communication facilities, including but not limited to third party sites, applications and/or facilities which may be linked to the Platforms (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. SDE does not have control over or in any way endorse the content, messages or information found in any Community, and, therefore, SDE specifically disclaims any liability concerning the Communities and any consequence that may result from your participation in any Community, including any objectionable content. Generally, any communication which you or any other person posts to the Platforms (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages and/or social media platforms permit the submission of communications that will be treated by SDE as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Platforms, you agree to grant to SDE the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
Intellectual Property Rights
- All content (including without limitation all text, photographs, graphics, video and audio content) accessible on or through the Platforms are the exclusive property of SDE and/or its content suppliers and protected by Singapore and international intellectual property laws.
- All rights in and to all materials displayed in the Platforms are reserved by SDE and you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of the Platforms for any purpose, whether personal or commercial, save with the prior written consent of SDE.
- Without limiting the generality of the foregoing, you may not distribute or publish any part of the contents of the Platforms over any other website or any network, including a local area network, or through any other media, nor sell or offer it for sale. In addition, files may not be used to construct any kind of database. In particular, the Mobile App has been specially designed and compiled for presentation of content in a unique format and appearance to SDE’s users. The collection, arrangement, assembly or compilation of all content on the Mobile App and/or on the other Platforms are the exclusive property of SDE and protected by Singapore and international intellectual property laws.
- All software used on any of the Platforms (as the case may be) is the property of SDE and/or its software suppliers and protected by Singapore and international intellectual property laws. SDE is concerned about the integrity of its digital Platforms when it is viewed in a setting created by a third party that includes advertising or other materials that SDE has not authorized to be displayed with the same.
- Without limiting the foregoing provisions, you shall not make use or authorise any third party to make use of the contents of the Platforms in any manner that constitutes an infringement of SDE’s rights, including but not limited to all of SDE’s intellectual property rights.
- The trademarks, service marks and logo (collectively, the “Trademarks”) used and displayed on the Platforms may consist of registered and/or unregistered trademarks of SDE, its affiliates or its licensors. Nothing on such Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Platforms, without the prior written permission of SDE. SDE, its affiliates and licensors shall aggressively enforce all its intellectual property rights to the fullest extent permitted by the law in the event of any breach or infringement of the same.
- The name of SDE, So Drama! Entertainment, and its affiliates and the Trademarks may not be used in any way, including in advertising or publicity pertaining to the distribution of the Submitted Information on the Platforms, without the prior written permission of SDE. SDE prohibits the use of the Trademarks as a “hot” link or inlink to the Platforms (as the case may be) or any other mobile applications unless establishment of such a link is approved in advance by SDE in writing.
Removal of Content
- SDE shall have the right, but not the obligation:
- to monitor the content on all the Platforms, including all chat rooms and forums established thereof (as the case may be);
- to remove or delete any material (including any of the Submitted Information) that SDE, in its sole discretion, may find to be in violation of any applicable laws, codes, rules or regulations;
- to remove and delete any material (including any of the Submitted Information) submitted to or through or posted on the Platforms without any prior notification; and/or
- to remove any material (including any of the Submitted Information) that SDE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefore.
- If SDE is notified by an intellectual property rights owner that any content in the Platforms, including any of the Submitted Information, may have breached or infringed any of its intellectual property rights, SDE may, in its sole discretion, remove such content from the Platforms or take such other steps that SDE may deem appropriate without any prior notification to the user who had supplied or posted the content.
SDE reserves the right to terminate your use of the Platforms, delete and/or block your registered user account permanently, if it believes that you are in violation of or have acted inconsistently with the letter or spirit of the Agreement, or have violated the rights of SDE or any third party, or for any other reason whatsoever with or without any prior notice to you. You agree that SDE may modify or discontinue any of the Platforms, with or without any prior notice to you, and that SDE shall not be liable to you or any third party as a result of any such modification or discontinuation of the Platforms.
- You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any of the Platforms and/or the content contained therein without SDE’s prior written permission. You agree that you will not use any device, software or routine to interfere with or attempt to interfere with the proper working of the Platforms and/or to interfere with any other user’s access to any part of the Platforms. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on SDE’s infrastructure. A substantial part of the information on the Platforms is updated on a real time basis and is proprietary or is licensed to SDE by SDE’s users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Platforms without the prior written permission of SDE or the appropriate third party.
- The provision of the Platforms for use by you does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Platforms in the case of the Mobile App and/or SDE’s website and/or SDE’s radio stations and/or SDE’s social media platforms. To use the Platforms, you may require internet connectivity and appropriate telecommunication links. You shall be responsible for providing all of the aforementioned to enable your use of the Platforms. SDE shall not be responsible for any connection or access to the Platforms by you or the quality of the transmission of any information passing between you and the Platforms.
- If you are not the bill payer for the mobile telephone, handheld device or any other electronic device or computers being used to access the Platforms, you will be assumed to have received permission from the bill payer for using the Platforms.
- Where you have subscribed for any of the services on the Platforms that relates to any advertisement or other similar services, whether as a potential seller or as a potential buyer, you hereby expressly acknowledge and agree that the Platform, acts merely as an intermediary only, and SDE is neither involved in nor responsible for the correctness, accuracy or truthfulness of any information that is posted by other users of the Platforms or the posting, provision, delivery of such information from SDE to you. SDE cannot, does not and has no control or ability to verify if all information, data and all such other materials posted, provided and/or delivered to you hereunder are correct, and you further expressly agree to release, hold harmless and indemnify SDE, its parent, subsidiaries, affiliates, employees and officers from any claims, demands, losses, liabilities, costs, expenses and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected herewith and/or with any dispute between any users of the Platforms, and/or the use of the same.
- In particular and without limiting the generality of the foregoing, you shall not and/or shall not attempt to:
- offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, any or any part of the Platforms or any registered account(s) thereof;
- communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Platforms or any registered account(s) thereof;
- exploit in any way for any personal or other gain any or any part of the Platforms or any registered account(s) thereof; or
- deep link from any other website to, or frame on any other website, any or any part of the Platforms or any registered account(s) thereof.
- You must NOT at any time:
- assume a false identity or the identity of some other registered user to access or use any or any part of the Platforms or any registered account(s) thereof;
- take any action that damages, disables, overburdens, impairs or imposes an unreasonable or disproportionately large load on any part of SDE’s infrastructure or any or any part of the Platforms or any registered account(s) thereof;
- use any or any part of the Platforms or any registered account(s) for sending out unsolicited emails thereof; or
- use any or any part of the Platforms or any registered account(s) thereof in any way that will or could:
- violate, or that will or could result in SDE violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
- cause any form of loss or damage to SDE or any third party (including, without limitation, loss of reputation and goodwill); or
- create any liability for SDE to lose (in whole or in part) the services of any internet or telecommunication service provider or any other supplier of goods and/or services.
Disclaimers and Indemnities
- You acknowledge and agree that the Services may, from time to time, be adversely affected by events outside SDE’s and a service provider’s control. SDE and the service provider will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Services and will take all reasonable steps to correct any error, omission or mistake, but will have no liability whatsoever for any error in, or delay in, or failure in transmission of the Services, howsoever caused (whether through the negligence of SDE and/or the service provider or otherwise), or any loss, damage, costs or expenses incurred by you directly or indirectly in connection with your use of the Platforms.
- The Services on the Platforms are available on an “as is where is” basis. SDE does not warrant that the Platforms will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information, content or other materials available through the Platforms. SDE shall not be responsible for the availability or content of other services that may be linked to the Platforms. SDE does not make any warranties, express or implied, including without limitation, those of merchantability (or satisfactory quality) and fitness for a particular purpose, with respect to the Platforms or any information or goods or services that are available or advertised or sold through the Platforms.
- SDE does not make any representations, nor does SDE endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Platforms or available through links in the Platforms. SDE reserves the right to correct any errors or omissions in the Platforms as it deems fit in its sole discretion.
- Although SDE intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses”, malware or other destructive materials to the Platforms, SDE does not guarantee or warrant that the Platforms or materials that may be downloaded from or accessed through the Platforms do not contain such destructive features. SDE is not liable for any damages or harm attributable to such features.
- Reliance on the Platforms and any materials available through the Platforms is solely at your own risk. SDE, its employees, subsidiaries, affiliates, associates and related entities make no warranty and hereby disclaim all and any warranty, express or implied, (to the extent permitted by law):
- in respect of the use, security, accuracy, reliability, timeliness, non-infringement, satisfactory quality or fitness for any particular purpose of the content or of the use of the Platforms; and
- in respect of harm arising from downloading or accessing any information or material through the Platforms, including without limitation, harm caused by viruses or similar contamination or destructive features, whether or not known; and
- that the content and any functions associated therewith will be uninterrupted or error-free or that the Platforms and its server will be free of all viruses and/or other harmful elements.
- In no event shall SDE, its employees, subsidiaries, affiliates, associates and related entities be liable to you and/or to any party for any damages, expenses, claims, costs or losses of any kind, including without limitation, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, arising out of any legal claim (whether in contract, tort or otherwise) in relation to your use of or inability to use the Platforms, and/or the content of the hyperlinks thereof. Any claim against SDE shall be limited to the amount you paid, if any, for the use of the Platforms or in relation to the particular transaction, whichever is lesser. All warranties, representations, conditions or other terms either expressed or implied in relation to this Agreement are excluded and limited to the maximum extent permissible by law.
- You agree to indemnify and hold harmless SDE, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from any claims, demands, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions of Use and/or the Agreement, and/or resulting from any dispute between any users of the Platforms. SDE reserves the right to take over the exclusive defence of any claim for which SDE is entitled to indemnification under these terms and conditions herein. In such event, you shall provide SDE with such cooperation as is reasonably requested by SDE.
- All decisions made by SDE in relation to the use of the Platforms and the Agreement shall be final and binding on you.
- These Terms and Conditions of Use and the Agreement shall be governed exclusively by the laws of Singapore without any regard to any conflicts of laws principles. Any and all dispute arising out of the use of the Platforms shall be deemed to have taken place in Singapore and shall first be referred to arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into these terms and conditions. The arbitration shall be in the English language before a Sole Arbitrator.
- SDE reserves the right to revise, withdraw or make changes to the Agreement and the Platforms, in whole or in part, at any time and from time to time. This includes, without limitation, the right to introduce new, and change the then-current, fees, price plans and/or billing methods for any and all registered users. All revisions, withdrawals and/or changes will be posted on the relevant Platforms and all such revisions, withdrawals and/or changes shall automatically be effective once they are posted on the Platforms or once notification by electronic or conventional mail or such other means as determined by SDE at its sole discretion are sent. You are responsible for checking the Platforms for the most current terms and conditions. Each time you access or use the Platforms, you will be deemed to have agreed to be legally bound by the most current terms and conditions.
- You agree that SDE can (but is not obliged to) send you notices (including, without limitation, those regarding changes to the Agreement) by email and/or regular mail and/or postings on the Platforms or any other mode of communication as SDE may deem appropriate.
- Any failure by SDE to act on any breach by you or others of any of the provisions of the Agreement does not constitute a waiver of any of SDE’s rights in relation to that particular breach or any subsequent or similar breaches.
- If a Court of any competent authority decides that any provision (or part thereof) of this Terms and Conditions of Use and/or Agreement is void or ineffective in whole or in part, then the void or ineffective provision or part thereof will be deemed excluded and all other provisions and parts of this Agreement shall continue in full force and effect.
- A person who is not a party to this Terms and Conditions of Use and/or Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this Terms and Conditions of Use.