Introduction
Thank you for visiting the Arrow website (the “ Website”). The terms and conditions set out in this Terms of Use Agreement (the “Terms”) govern the access to and use of this Website and any associated software or mobile application (collectively, the “Arrow Platform”) and the services provided by Kard Tech Pte. Ltd. (“Kard Tech”, “we”, “us”, or “our”) via the Kard Tech Platform (collectively, the “Services”).
The Terms govern all users of the Arrow Platform and/or Services (collectively, the “Users” and each a “User”, “you”, “your” or “yours”). Please read the Terms. Your use and access of the Arrow Platform and/or Services shall constitute your acceptance and agreement to be legally bound by the Terms and that the Terms shall be enforceable like any written contract signed by you. If you do not agree to all of the Terms, please discontinue your access and use of the Arrow Platform and/or Services.
In particular, please note that in using the Arrow Platform and/or Services, you may be required to provide Kard Tech with certain personal data - our use, collection, storage, retention and/or disclosure of such personal data shall be subject to the Personal Data Protection Act (No. 26 of 2012) (the “PDPA”) as well as Arrow’s Privacy Policy (the “Privacy Policy”), incorporated herein by reference. Your use of the Arrow Platform signifies that you have read, understand and agree to the terms of the Privacy Policy. If you have any questions on the Privacy Policy, please contact us at Privacy@arrowcheckout.com.
Kard Tech reserves the right, in its sole and absolute discretion, to amend or vary the Terms any time without prior notice to Users. The amended Terms will be posted on this Website. Users’ continued use and access of the Arrow Platform and/or Services after any such changes constitutes acceptance of the latest Terms. For the avoidance of doubt, references to “Terms” shall include such Terms as amended from time to time by Kard Tech and posted on this Website.
Definitions and Interpretation
Unless inconsistent with the context or stated otherwise, the following words and expressions have the following meanings in these Terms:
“Account” means an account registered by a User with Kard Tech via the Arrow Platform;
“Authorised User” shall have the meaning ascribed to it in Clause 4.3;
“Content” means any data, designs, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Materials, displayed, published or made available on or through the Arrow Platform;
“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Kard Tech Platform, Services and/or Content;
“Arrow Technology” means Kard Tech’s proprietary technology underlying the Arrow Platform and/or Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Kard Tech or its licensors) in connection with the Arrow Platform and/or Services, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by Kard Tech and/or its agents from time to time that are not uniquely applicable to Users or that have general applicability in the art;
“Parties” means collectively Kard Tech and the relevant User, and a “Party” means any of them;
“Refund” shall have the meaning ascribed to it in Clause 5.5;
“Settlement” shall have the meaning ascribed to it in Clause 5.1;
“Third Party Materials” means any website, product, service, information, advertisement or other materials which are not owned or controlled by Kard Tech which may be accessible via or through the Arrow Platform;
“Third Party Merchant(s)” means the independent merchant(s) the Users have purchased products from via the Kard Tech Platform;
“Third Party Payment Processor” shall have the meaning ascribed to it in Clause 5.1;
“User(s)” refer to users of the Arrow Platform and/or Services;
“User’s Content” means any data, designs, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks and copyrighted materials submitted, displayed, published or made available on or through the Arrow Platform by any User;
“User Dispute” shall have the meaning ascribed to it in Clause 5.4; and
“User Payment Information” shall have the meaning ascribed to it in Clause 5.1.
In these Terms:
references to Clauses are to the clauses herein;
the headings are for convenience only and shall not affect the interpretation of the Terms;
unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; and words denoting any gender shall include all genders; and
the expression “person” means any individual, corporation, partnership, association, limited liability company, trust, governmental or quasi-governmental authority or body or other entity or organisation.
Users
Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Arrow Platform and/or register an Account. By accessing or using the Arrow Platform and/or Services, Users represent and warrant that they are 18 years old or older and have full legal capacity and authority to enter into a binding contract. If a corporate entity (including corporations, limited liability partnerships or partnerships) is accessing or using the Arrow Platform and/or Services, the person registering for an Account with Kard Tech to use the Services for and on behalf of a corporate entity represents and warrants that he has the requisite power and authority to bind such corporate entity to the Terms and that the Terms constitute legally binding obligations of such corporate entity.
For know-your-customer, anti-money laundering and/or other compliance purposes, and to the extent permitted by law, we reserve the right, but have no obligation, to (a) request Users to provide a form of personal identification or other such information (for the avoidance of doubt, any personal data provided will be subject to our Privacy Policy), (b) undertake additional steps to verify the identity or background of any User, and/or (c) carry out checks on Users in or against third party databases or other sources.
Accounts
In order to use the Arrow Platform and the Services, you will have to register on the Arrow Platform and create an Account by providing certain details about yourself, including your name, address, contact details and such other details as may be required (for the avoidance of doubt, any personal data provided will be subject to our Privacy Policy). You confirm and warrant that the information provided by you is complete, accurate and up-to-date. If there are any changes to such information, you undertake to promptly update such information on the Arrow Platform via your Account. We reserve the right, in our sole and absolute discretion, to approve or refuse registration of an Account by any person or to suspend or terminate an Account (including any Account which has been inactive for an extended period of time) at any time.
By registering for an Account:
you hereby authorise Kard Tech to collect, store, retain, process, use and/or disclose your personal data, including your contact information, provided to Kard Tech in accordance with our Privacy Policy; and
you hereby expressly agree to receive communications by way of SMS, instant messaging services and/or e-mails from Kard Tech and/or other third parties relating to the products and/or services provided through the Arrow Platform. You may unsubscribe or opt-out from receiving communications through SMS and e-mail anytime by using the opt-out option provided in such communications or sending us an e-mail to opt-out at Privacy@arrowcheckout.com.
Users shall be responsible for maintaining the confidentiality of their Accounts, their passwords to access their Accounts, any information contained therein and any and all activities that occur under their Accounts. Users may designate any other individuals to access, use or administer their Accounts for and on their behalf (“Authorized Users”), but Users shall remain fully liable under the Terms for all acts and omissions of their respective Authorized Users, whether or not such Authorized Users have acted in accordance with Users’ instructions. Users agree to (a) immediately notify Kard Tech of any unauthorized use of their Accounts, password, or any other breach of security, and (b) ensure that Users or Authorized Users properly exit and log out from their Accounts at the end of each session. Kard Tech will not be liable for any loss or damage arising from Users’ failure to comply with this provision. Users may be held liable for any losses incurred by Kard Tech and/or its Third Party Merchants caused by or arising from their failure to comply with this provision.
You agree that we have no responsibility or liability for the deletion or failure to store any data, information or other Content submitted by you to the Arrow Platform.
You may not assign or otherwise transfer your Account to any person without the prior written consent by Kard Tech.
Services
The Services comprise of Kard Tech providing a software solution which provides platform checkout services which facilitate a streamlined login and checkout process for Users shopping online with Third Party Merchants via the Arrow Platform. In particular, we shall procure that payment information of the Users (“User Payment Information”) will be passed directly to our third party payment processor (“Third Party Payment Processor”) to initiate and process the transaction and the settlement of funds between Users and the Third Party Merchants (“Settlement”) and we shall not collect nor retain the User Payment Information. For the avoidance of doubt, we shall not be liable in any way to the Third Party Merchant, the User or any other person arising from, in relation to or in connection with the Settlement.
The terms and conditions of the aforementioned sale of products shall be governed by a separate contract between the Users and the Third Party Merchants. We have no control over, and shall not be responsible or liable for, any such terms and conditions in respect thereof, the performance by the Third Party Merchants and/or any act or omission to act by the Third Party Merchants. Where Users accept the provision of products by Third Party Merchants, Users shall be deemed to have read and accepted all terms and conditions imposed by the Third Party Merchants in respect thereof.
For the avoidance of doubt, Third Party Merchants are solely responsible for their products or services offered or supplied to Users, and we shall not be responsible for and does not provide any representation, warranty or guarantee whatsoever with respect to (a) the quality, safety, suitability, or legality of any product of Third Party Merchants, (b) the truth or accuracy of any product descriptions of Third Party Merchants, or (c) the performance or conduct of Third Party Merchants. For the avoidance of doubt, Third Party Merchants (and not Kard Tech) shall be responsible for repairing and/or replacing any defective products supplied by such Third Party Merchants to Users.
In the event of a dispute, claim or other complaint raised by any User in relation to the products or otherwise (“User Dispute”), the Third Party Merchant shall be solely responsible for resolving such User Dispute and Kard Tech shall not be obliged to mediate or resolve any User Dispute and/or any dispute or disagreement between Users and Third Party Merchants. In the event that we elect to investigate any such dispute, the Third Party Merchant shall fully indemnify and hold harmless us promptly upon written demand against any and all Losses (including any transaction fees payable to the Payment Processor, if applicable, or any other third party) which may be incurred or suffered by Kard Tech in connection with investigating and/or handling such dispute.
In the event that any payment made by a User to the Third Party Merchant pursuant to the Settlement is subject to a chargeback or refund for any reason whatsoever (including but not limited to pursuant to a product recall) (“Refund”), we shall not be responsible for procuring that the User receives such chargeback or Refund.
Access and Use Policy
Subject to your full compliance with the Terms and upon your registration and creation of an Account, Kard Tech grants you a non-exclusive, limited privilege to access and use the Arrow Platform. You agree to (a) access and use the Arrow Platform solely for legitimate purposes, and (b) transact with Kard Tech, the Third Party Merchant and/or any other person arising from or in connection with the Arrow Platform and/or the Services, in accordance and compliance with the Terms and any applicable law (including any anti-bribery laws). A breach of this provision will result in immediate termination of your Account and access to or use of the Arrow Platform and/or Services.
In accessing and using the Arrow Platform and/or Services, you agree to not engage in activities that may adversely affect the features, functions or use of the Arrow Platform by Kard Tech and/or other Users. In particular, you shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Arrow Platform and/or the Services.
To the extent where the Arrow Platform allows you to post, submit, upload, transmit or make available any User’s Content, you shall be responsible for such User’s Content and agree that (a) you will ensure that such User’s Content is not offensive and is in accordance with applicable laws, (b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Kard Tech and/or its subsidiaries and affiliates a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding any personal data) on any medium (such as the Arrow Platform and any social media platform) for any purpose including advertising and marketing the Arrow Platform or Services, and (c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User’s Content if necessary. By posting, submitting or uploading any User’s Content to Kard Tech, you further represent and warrant to Kard Tech that you own or have the full unrestricted right to use and permit us to use and license such User’s Content in the manner stated in these Terms.
We cannot guarantee the identity of any other Users with whom you may interact with in the course of using the Arrow Platform. We also cannot guarantee the authenticity and accuracy of any User’s Content which other Users or Third Party Merchants may provide on the Arrow Platform. All User’s Content accessed by you using the Arrow Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances shall Kard Tech be responsible or liable in any way for any Content displayed on the Arrow Platform, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the Arrow Platform.
You shall solely be responsible for maintaining the necessary computer equipment, internet connections and telecommunication charges that may be required to access, use and transact on the Arrow Platform.
Updates, Modifications and Availability
Kard Tech reserves the right to modify, upgrade, suspend or discontinue (whether temporarily or permanently) any features and functions of the Arrow Platform from time to time, and reserve the right to make any upgrades, updates, modifications and changes to the same as it deems fit. Users understand that such upgrades or changes may result in interruption, modification, disruption, failure, delay or discontinuation of the Arrow Platform and/or Services or any function or feature thereof.
Users acknowledge that they access the Arrow Platform at their own risk and that Kard Tech shall have no liability, responsibility or obligation for any interruption, modification, disruption, failure, delay, suspension or discontinuation in respect of the Arrow Platform or any function or feature thereof (including any links to any Third Party Merchant) for any reason whatsoever.
Intellectual Property Rights
The Arrow Platform, text, graphics, user interfaces, visual interfaces, sounds, artwork, designs, and computer code (and any intellectual property rights relating thereto) on the Arrow Platform is owned and/or licensed by Kard Tech and the design, structure, selection, coordination, expression, look and feel and arrangement on the Arrow Platform is protected by copyright, patent and trademark laws, and various other intellectual property laws.
The Arrow Platform, Content and Kard Tech Technology underlying the Arrow Platform and Services are the property of Kard Tech and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorized by Kard Tech, Users agree to not (whether directly or indirectly) modify, adapt, copy, frame, scrape, rent, lease, loan, sell, distribute, publish, upload, display, transmit or create derivative works based on the Arrow Platform and/or Content including any template design layouts provided by Arrow Platform (including any modifications and/or customizations made by the Users to such template design layout using the Arrow Platform), in whole or in part and in any manner or form. The word “Kard Tech” and associated logos are the trademarks, trade names and/or service marks of Kard Tech, and Users agree not to display or use in any manner such names and/or marks without Kard Tech’s prior written authorization. In using the Arrow Platform, Users shall not (whether directly or indirectly) engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Arrow Platform in source-code form, and agree not to copy, modify, adapt, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Kard Tech Technology. Any uses of the Arrow Platform and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by Kard Tech.
By using the Arrow Platform and/or Services, Users will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Arrow Platform and/or Services granted to Users pursuant to the Terms. All goodwill generated from the use of the Arrow Platform, Content and/or Services will inure to Kard Tech’s exclusive benefit.
To the extent where Users provide Kard Tech with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), Users hereby assign ownership of all intellectual property rights subsisting in that Feedback to Kard Tech and agree that Kard Tech can use and share such Feedback for any purpose in its sole and absolute discretion.
Other company, product, and service names and logos used and displayed via the Kard Tech Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Kard Tech.
Third Party Materials
The Arrow Platform may contain links to Third Party Materials. References or links to Third Party Materials on the Arrow Platform do not constitute any endorsement or recommendation by Kard Tech of such Third Party Materials. When Users access Third Party Materials, Users do so entirely at their own risk. Users hereby represent and warrant that they have read and agree to be bound by all applicable policies of any Third Party Materials relating to the use of their services and act in accordance with those policies, in addition to Users’ obligations under the Terms. Kard Tech has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Materials. In addition, Kard Tech will not and cannot monitor, verify, censor or edit the content of any Third Party Materials. Users expressly indemnify fully and hold harmless Kard Tech from any and all liability arising from their respective use of any Third Party Materials.
Limitation of Liabilities
You expressly agree that, to the maximum extent permitted by applicable law, the Arrow Platform and/or Services are provided by Kard Tech on an “as is” and “as available” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, unless specifically provided otherwise. Your interactions and transactions with organizations and/or individuals (including Third Party Merchants and/or other Users) found on or through the Arrow Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Without prejudice to and in addition to Clause 5.4, in the event that you have a dispute with one (1) or more other Users or third parties, Kard Tech, its shareholders, subsidiaries, officers, directors, employees, agents and successors shall have no obligations and/or liabilities in respect thereof, and you hereby expressly release and waive any rights you have or may have against Kard Tech, its shareholders, subsidiaries, officers, directors, employees, agents and successors in relation to any claims, demands, losses and/or damages (actual and consequential), costs and/or expenses of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute.
Without limiting the foregoing, Kard Tech makes no guarantee, representation or warranty in any respect that (a) the Arrow Platform or Services will meet your requirements or expectations, (b) your use of the Arrow Platform or Services will be uninterrupted, timely, free of viruses or other harmful components, secure or error-free, (c) the information and/or results (including the Content) that may be obtained from the use of the Arrow Platform or Services will be effective, accurate, complete, error-free or reliable, (d) the use of the Arrow Platform or Services is compatible with any hardware or other software or equipment, (e) any errors or defects in the Arrow Platform will be corrected, and/or (f) without prejudice and in addition to Clause 5.3, the credentials or description of any products offered by Third Party Merchants are accurate, complete or reliable. No advice or information, whether oral or written, obtained by you from Kard Tech or through use of the Arrow Platform shall create or constitute any warranty expressly excluded in the Terms unless otherwise specified.
Without prejudice to and in addition to Clause 5.1, Kard Tech will not be liable for any loss that you may incur arising from, in relation to or in connection with the Settlement.
Without prejudice to and in addition to Clause 5.5, Kard Tech will not be liable for any loss that you may incur as a consequence of not receiving any chargeback or Refund. You understand and agree that the Third Party Merchants shall be responsible for any chargeback or Refund.
Kard Tech will not be liable for any loss that you may incur as a consequence of any unauthorized use of your Account or account information in connection with the Arrow Platform and/or the Services and/or products provided by Third Party Merchants, whether such unauthorized use was with or without your knowledge/consent.
While Kard Tech has taken reasonable efforts to ensure that all the information on the Arrow Platform is correct, Kard Tech neither warrants nor makes any representations regarding the quality, correctness, accuracy or completeness of any data, information or service provided pursuant to the Arrow Platform. Kard Tech shall not be responsible nor liable for the delay or inability to use the Arrow Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Kard Tech Platform, or otherwise arising out of the use of the Arrow Platform, whether based on contract, tort, negligence, strict liability or otherwise.
Without prejudice and in addition to Clause 7.2, Kard Tech shall not be held responsible for non-availability of the Arrow Platform during periodic maintenance operations or any unplanned suspension of access to the Arrow Platform that may occur due to technical reasons or for any reason beyond our control. You understand and agree that any material or data downloaded or otherwise obtained through the Arrow Platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
You may see advertising material submitted by third parties on the Arrow Platform. Each individual advertiser is solely responsible for the content of its advertising material and we accept no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.
Subject to these Terms, in no event shall Kard Tech, its shareholders, subsidiaries, officers, directors, employees, consultants, agents and/or successors, be liable to you or any third party for any (a) loss of profits, (b) loss of opportunity, or (c) special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with your use of or access to the Arrow Platform, Services and/or products purchased through the Arrow Platform. Further, without prejudice to the generality of Clause 5, Kard Tech shall not be liable for any products, acts or omissions of the Third Party Merchants and/or Third Party Payment Processor.
Indemnification
Without prejudice to anything contained herein, you hereby fully indemnify, defend and hold harmless Kard Tech, its shareholders, subsidiaries, officers, directors, employees, consultants, agents and/or successors promptly upon written demand against any claims, liabilities, losses, damages, costs and/or expenses which any of the indemnified parties may incur or suffer arising from or in connection with (a) your use of the Arrow Platform or Services, (b) any misrepresentation with respect to the data or information provided by you, (c) your omission, breach or default of the Terms, and/or (c) the breach of any rights of a third party arising from your act(s) or omission to act(s), including any intellectual property rights.
Term and Termination
These Terms between Kard Tech and each User shall take effect upon the earlier of (a) the User’s access and/or commencement of the use of the Kard Tech Platform, or (b) registration of an Account, and will remain in full force and effect for as long as the relevant User continues to access and use the Arrow Platform and/or Services. These Terms shall continue to apply until terminated upon the termination of your Account (whether by you or Kard Tech). If you object to the Terms or are dissatisfied with the Arrow Platform, your only recourse is to close your Account on the Arrow Platform and stop accessing or using the Arrow Platform or Services.
Kard Tech reserves the right, in its sole and absolute discretion, to suspend, discontinue, terminate or modify access to your Account, with or without notice to you, at any time without incurring any liability of any kind whatsoever to you or any third party for any reason (including and not limited to you having infringed, breached, violated, abused, or unethically manipulated or exploited any term or condition of these Terms or anyway otherwise acted unethically). Notwithstanding anything in this Clause, these Terms will survive indefinitely unless and until Kard Tech chooses to terminate them. Kard Tech further reserves the right to remove and delete any data in and content of your Account but may preserve your transaction details for purposes of tax, legal or regulatory compliance to the extent permitted under the applicable laws. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance, termination or modification may be referred by Kard Tech to the appropriate law enforcement authorities.
You agree that any breach by you of the Terms may cause irreparable harm to Kard Tech for which monetary damages would be inadequate, and you consent to Kard Tech obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. Such remedies shall be in addition to any other remedies that Kard Tech may be entitled to under these Terms and/or at law or in equity. If Kard Tech takes any legal action against you, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action (on a full indemnity basis), in addition to any other relief that may be granted.
Upon termination of the Terms, the User’s access and right to use the Kard Tech Platform, Services, Account and other rights hereunder shall terminate. Save for any obligations which are expressed to survive, each Party’s further rights and obligations shall cease immediately, provided that such termination shall not affect a Party’s accrued rights and obligations as at the date of such termination.
Notwithstanding the suspension or termination of your Account, you shall remain liable to fulfil all transactions and pay for such transactions that you have already committed to prior to suspension of termination of your Account subject to the applicable terms and conditions governing such transactions.
Report IP Infringement
If you believe the Arrow Platform or any products offered through the Arrow Platform violates your intellectual property, please promptly notify Kard Tech by emailing us at Privacy@arrowcheckout.com. Such notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to and use of the Arrow Platform or Services. Please provide the following details in the relevant notice:
your contact details, such as your address, telephone number, and/or email;
identify the intellectual property that is being infringed;
identify the infringing item and include sufficient information about where the material is located on the Arrow Platform;
a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
your physical or electronic signature.
Notices
All notices from Kard Tech will be served by email to your registered email address or by general notification on the Arrow Platform.
If you have any questions concerning these Terms or any notice provided to Kard Tech pursuant to the Terms should be sent to: Privacy@arrowcheckout.com.
Miscellaneous
Save for the Privacy Policy, the Terms constitute the entire agreement between the Parties concerning the Arrow Platform and/or the Services and supersedes all previous terms and conditions, understanding, representations and warranties relating to the same.
You shall not assign, transfer, charge or otherwise deal with all or any of your rights and obligations under the Terms nor grant, declare or dispose of any right or interest in it to any third party. Kard Tech’s rights and obligations under the Terms may be assigned or transferred by Kard Tech to any affiliate or third party without your consent. For the avoidance of doubt, these Terms shall be binding on the legal successors and permitted assigns of each Party.
Each provision of the Terms is intended to be severable from the others so that if any provision or term hereof is held to be illegal or invalid for any reason whatever, such illegality or invalidity shall not affect the validity of the remaining provisions and terms of the Terms.
No failure on the part of Kard Tech to exercise, and no delay on its part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in the Terms are cumulative and not exclusive of any rights or remedies provided by law.
Save as otherwise specifically provided in the Terms, Kard Tech hereunder shall not be liable for any failures or delays in performing its obligations hereunder arising from any Force Majeure Event (defined below), and in the event of any such delay, the time for Kard Tech’s performance shall be extended by the same duration as the duration of the period during which the performance is prevented or delayed by the Force Majeure Event. “Force Majeure Event” means any circumstance or event beyond the reasonable control of a Party, including any act of God, outbreak, or epidemic or pandemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war and hostilities (whether war be declared or not), invasion, act of foreign enemies, rebellion, revolution, insurrection, usurped power of civil war, explosion, civil disturbance (including riots, commotions or disorder), shortage of gas, fuel or electricity, electrical outage, internet service disruptions, electronic system failure, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials.
Governing Law and Dispute Resolution
Irrespective of the country from which Users access or use the Kard Tech Platform and/or Services, to the extent permitted by any applicable law, the Terms shall be governed and construed in accordance with the laws of Singapore without regard to choice or conflicts of law principles, and Users hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with the Terms.
