1. Introduction
Welcome to soocas.com and/or Soocas Pro App (the “Site”). These Terms of Service constitute a legal agreement (the “Agreement”) between SOOCAS LLC (“we” “our” or “us”) and you that govern your use of the Site, purchase any Soocas products through the Site (“Products”) , subscription of any offered plan through the Site or participating in the Ambassador Promotional Program through Soocas Pro App (collectively, the “Service”) . By using the Service, you accept the Agreement in full. If you disagree with the Agreement or any part of the Agreement, including the mandatory arbitration provision and class action waiver, you must not access or use our Site or any Service.
Your use of the Site and access to all information, tools and Services available from the Site is expressly conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. It is solely your responsibility to determine and obey applicable federal, state, county and other local laws and regulations (including minimum age requirements) related to the purchase, possession and use of any our Products purchased from our Site. We makes no representation or warranty that the Site, Service，any Product offered for sale on the Site, or any other material contained herein is legal to own or use, appropriate, or available for use in any jurisdiction outside the United States.
The Agreement includes a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than jury trials or other court proceedings.
2. Privacy Policy & Cookies
By using the Service, you represent and warrant that you have read and understood and agree to be bound by our Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement. The Privacy Policy for website soocas.com is available at soocas.com/pages/privacy-policy. The Privacy Policy for the Soocas Pro App is available in the App.
As explained more fully in the Privacy Policy, the Service uses Cookies to collect certain information including personal information from you. By using the Service and agreeing to the Agreement, you consent to our use of Cookies and your certain information including personal information in accordance with the terms of our Privacy Policy.
3. Permitted Users
By accessing and/or using the Site and Service, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable laws. If you do not meet all of these requirements, you must not access or use the Site and the Service.
4. Purchases & Payments
If you purchase a Product through the Service, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Service, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a Product from us, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Order Confirmation Email is an acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for a Product ordered by you, when we dispatch the Product to you and send email confirmation to you that we've dispatched the Product to you.
If you are not fully satisfied with the Products purchased by you on the Service, you may return the Product meeting the return conditions, in its original packaging, to us for a refund within 60 natural days from the date of delivery of the Product. Click soocas.com/pages/returns-refund-policy for more information about Return and Refund Policy within the website soocas.com. More information about Return and Refund Policy within the Soocas Pro App is available in the App. You can request and arrange for such a refund by contacting us via support@soocas.com. After the 60-day refund window has expired, your only recourse regarding the Products is through our warranty. Click soocas.com/pages/warranty for more information about Warranty within the website soocas.com. More information about Warranty within the Soocas Pro App is available in the App.
At our sole discretion, you may be permitted to purchase certain Products by using the Third Parties’ payment processing services. You understand and agree that if you choose to use these Third Parties’ payment processing services, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.
5. Subscription Plan
If you subscribe to any Products or services, you will receive repeat deliveries based on the subscription duration and frequency that you select, and you will be charged accordingly.
If you subscribe to any Products or services, we will send you a subscription confirmation email that contains the Manage Subscription Link. Click this link and log in to your account page, where you will find the Subscription Management section. You can adjust, skip, pause, or cancel your subscription anytime through the Subscription Management section.
The sales of any Product, and the Subscription Plan offered by us, do NOT involve the offer or provision of dental or oral healthcare advice and are not intended to be a substitute for (1) advice from your dentist or other dental professionals or any diagnosis or treatment; or (2) a visit, call or consultation with your dentist or other dental/oral healthcare professionals. Products and the subscription plan offered by us do not and are not intended to treat or prevent any dental or medical condition. The purchase of any Product, or the use of any subscription, or communication with us via the internet, E-mail or other means, do NOT create any dentist-patient relationship. If you have any dental or oral healthcare-related questions, please call or see your dentist or other qualified dental/oral-healthcare professionals.
Unless otherwise prohibited by law, and without prejudice to our other rights and remedies, we shall have the right in its sole discretion to immediately terminate your Subscription Plan if you breach any of the terms of the Agreement.
6. Ambassador Promotional Program Policy
The Ambassador Promotional Program (the “Program”) operated by us via the Soocas Pro App offers you the opportunity to refer your patients, customers, friends, followers or other people ( each, a “Referred Person”) to purchase Products through an active referral codes issued by us (“Referral Code” ) and through such way to earn commission payments (“Commission”).
If you do not agree to be bound by this Ambassador Promotional Program Policy (this “Policy”), you may not participate in the Program.
Participation in the Program, including opportunities to share a Referral Code, earn Commission for promotional Products activities, and earn commission payments, are made available by us at our sole discretion and is subject to your compliance with the Agreement, including this Policy.
We may modify, suspend, or terminate the Program at any time at its sole discretion, with or without notice.
Eligibility and Obligation
Eligibility to participate in the Program is open only to individuals who are legal residents of the United States and at least 18 years of age at the time of participation. If you do not meet all of these requirements, you may not participate in the Program.
If you are a participating dental professional, you are solely responsible for making any disclosures you are required to make to those clients or patients that are Referred Person pursuant to the laws and regulations applicable in the jurisdiction in which you practice. You shall make a clear and conspicuous disclosure of the nature of your Ambassador relationship with us and that you may receive Commission and/or rewards (if any) in exchange for your endorsement of us.
You agree not to make any false or misleading statements about the Products and to comply with all laws, rules, regulations, and industry best practices applicable to your advertisement and promotion of Products, and participation in the Program.
Sharing or Distribution your Referral Code
When sharing your Referral Code, you agree that you will always tell your Referred Person that you will receive Commission from us if they make a successful purchase of Product using your Referral Code through the Site.
Your Referred Person must enter your Referral Code while purchasing Products. If a Referred Person does not enter your Referral Code while purchasing Products, you will not receive any Commission because we cannot reliably determine that the Referred Person’s purchase resulted from your referral.
You may not post or promote your Referral Code on our social media pages or on coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for coupons, as determined by us in our sole discretion. Any distribution of your Referral Code that could constitute "spam" under any applicable law or regulation is expressly prohibited. We reserve the right to deactivate your Referral Code and to revoke all your Commission.
We reserve the right, in our sole discretion, to deactivate your Referral Code (and void all your Commission) which we deem, in our sole discretion, to be used in violation of this Policy or in association with content that we deem offensive or inappropriate in our sole discretion. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language and content that incites hate, is demeaning, disparages or damages the goodwill, reputation, or brand image of us, incites or endorses discrimination in any form or includes false, misleading or unsubstantiated claims about our Products.
Commission
The Commission may be earned by you successfully recommending Products to Referred Person who purchase such Products through Referral Code (the “Qualifying Purchase”).
For each Qualifying Purchase, you will be eligible for a certain percentage (“Commission Rate”) of the final transaction amount of the Qualifying Purchase as Commission. Commission Rate will be specified in the Soocas Pro App. You are not entitled to the relevant Commission if Referred Person returned the Products to us.
By the 20th of each calendar month, we will review the Account of yours to determine the Commission earned during the eligible monthly period and will pay you the relevant Commission (if any), provided that you has successfully provide your active payment account to us.
You are solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a Product and receipt of Commission under the Program.
We reserve the right, in our sole and absolute discretion, to investigate, invalidate, and revoke any Commission we deem to have been paid in error, or as the result of any violation of this Policy or the Agreement, or as the result of any actual or suspected fraudulent or improper activity (including without limitation, the use of any system, macro, script, bot or fake email address to manipulate the Program). If we have any reason to suspect improper activity associated your participation in the Program, we reserve the right to delay or withhold the issuance of any related Commission. We further reserve the right to deactivate, cancel, or revoke your Referral Code and/or Commission if we suspect that you (or any Referred Person you refer to us) has used or attempted to use the Program in a fraudulent or abusive manner or in violation of this Policy, the Agreement, or applicable law. In the event that your participation in the Program is terminated, you will not be able to receive any accumulated Commission and you are not permitted to re-enroll in the Program without the prior written consent of us.
Change Policy
If we make changes of this Policy, including but not limited to amend Commission Rate, payment time, we will post the amended Policy to the Site. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Policy will be effective immediately and your continued participation in the Program after the amended Policy is posted will confirm your acceptance of the changes. If you do not agree to the amended Policy, you must stop participating in the Program.
7. License to Use Service
Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to access the Service for your personal use.
This license does not include, and you must not:
(1) Republish material from the Service (including republication on another service), sell, rent, or sub-license material from the Service;
(2) Show any material from the Service in public;
(3) Reproduce, duplicate, copy or otherwise exploit material on the Service for a commercial purpose;
(4) Edit or otherwise modify any material on the Service;
(5) Redistribute material from the Service except for content specifically and expressly made available for redistribution.
Unless otherwise stated, we and/or our licensors own the intellectual property rights in the Service and material on the Service, and all rights not expressly granted in this Agreement are reserved by us.
8. User account, Accuracy & Security
User Account
To access and use certain parts of the Service, you may be asked to create a user account ("Account"), and to provide information that personally identifies you. You represent and warrant that all user information you provide in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to the Service.
Unregister Account
Without notice to you, we also reserve the right to “unregister" your user account that is inactive and cause your user account to be ineligible for the Site. An inactive user account is defined that you have not accessed the Site for one year. In the event that your user account is unregistered due to inactivity, then you will no longer be eligible for Program benefits, including earning Commission. Any Commission earned prior to your user account being deemed inactive will be forfeited and void.
Account Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
9. Prohibited Conduct
We impose certain restrictions on your use of the Service. Any violation of this Section 9 may subject you to civil and/or criminal liability.
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Service without our express written consent.
You must not engage in any of the following conduct on the Service, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another's) business, or causing others to do so; or (h) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; or (i) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or (j) to spam, phish, pharm, pretext; or (k) collecting or tracking the personal information of others; or (l) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances.
You must not use the Service to transmit or send unsolicited commercial communications. You must not use the Service for any purposes related to marketing without our express written consent.
We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited conducts.
10. User Content
In the Agreement, "your user content" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to the Service, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
We reserve the right to edit or remove any material submitted to the Service, or stored on our servers, or hosted or published upon the Service.
Notwithstanding our rights under the Agreement in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Service.
11. No Warranties; Limitation of Liability
No Warranties
We, on behalf of ourselves and our licensors and suppliers, expressly disclaim any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our licensors or suppliers warrant that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. We do not warrant that the results that may be obtained from the use of any Service or the Site will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. We disclaim all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortuous conduct, errors, representations, or other defects arising out of the failure to furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of us, our owners, officers, directors, employees, agents, affiliates, contractors, interns, consultants, representatives, service providers, sublicensees, licensors, suppliers, successors, assigns, parents, subsidiaries, and related entities (collectively, the "Company Parties"), or our users, or their agents or representatives.
Assumption of Risk
You expressly agree that your use of, or inability to use, the Service and the Site are at your sole risk. You knowingly and freely assume all risks when using the Service and the Site.
You on behalf of yourself, your personal representatives, and your heirs, voluntarily will not hold us or our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify us and the Company Parties from any and all claims (e.g. attorneys’ fees), demand, actions, or losses for bodily injury, property damage , wrongful death, emotional distress, loss of privacy, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, or any direct, indirect, incidental, punitive, special, or consequential damages or harm of any kind, whether based in contract, tort (including negligence), whether to you or to third parties, that may result from your use of the Service.
Limitation of Liability
In no event shall we, Company Parties or our licensors or suppliers be liable to you for any claims arising from your use with the Service and the Site, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice is given to us or our licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. The Service would not be provided without such limitations.
Application of Disclaimers
Because some sates or jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Our licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
No Advice
Nothing on the Service constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
12. Consent to Receive Electronic Communications from Us
By creating an Account and providing your email address to us, you explicitly consent to receive electronic and other communications from us, over the short term and periodically, including email communications. These communications will be about your purchases, your customer service inquiries, new product offers, promotions, and other matters. You may opt-out of receiving promotional electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at our customer service email: support@soocas.com. Your unsubscribe request will apply to promotional communications only and will not limit our ability to contact you regarding your purchases, Account, or to provide you with updates to this Agreement or the Privacy Policy. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
13. Intellectual Property
You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights or portraiture rights.
Trademarks
Soocas, SOOCAS MultiClean and the Soocas logo, domain names called soocas.com (collectively, the "Marks") are trademarks or registered trademarks and domian of Shenzhen Soocas Technology Co., Ltd., and used by us with permission. Other trademarks, Service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks, Service marks, graphics, logos, or domain names. You agree that any goodwill in the Marks generated as a result of your use of the Service will inure to the benefit of Shenzhen Soocas Technology Co., Ltd., and you agree to assign, and do assign, all such goodwill to Shenzhen Soocas Technology Co., Ltd.. You shall not at any time, nor shall you assist others to, challenge Shenzhen Soocas Technology Co., Ltd.’s right, title, or interest in, or the validity of, the Marks.
Copyrights
All content and other materials available through the Service, including without limitation the Soocas logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Shenzhen Soocas Technology Co., Ltd., Soocas LLC or are the property of our licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
14. Reasonableness
By using the Service, you agree that the exclusions and limitations of liability set out in the Service disclaimer are reasonable. If you do not think they are reasonable, you must not use the Service and the Site.
15. Other Parties
The Service may be linked with the services of third parties ("Third Party Services"), some of whom may have established relationships with us and some of whom may not. We do not have control over the content and performance of Third Party Services. We have not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services.
Accordingly, we do not represent, warrant, or endorse any Third-Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services. We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Services.
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim or legal action against our officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the Service.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Service disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as us and the Company Parties.
16. Unenforceable Provisions
If any provision of the Service disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Service disclaimer.
17. Indemnity
Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless us and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Site, the Service or Products; (iv) your provision to us or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 9 regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights or portraiture rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnities. You may not settle any Claim without the prior written consent of the concerned Company Parties.
18. Termination
Termination
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or Privacy Policy, we may terminate the Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and our Services (or any part thereof). Such termination shall be automatic and shall not require any action by us.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, we may, but have no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relates to your use of the Service. Upon termination, you shall cease any use of the Service.
After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
Survival
The obligations and liabilities of you incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19. Dispute Resolution
Jurisdiction
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) 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 in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC.
Governing Law
This Agreement is governed by the laws of Singapore, irrespective of the conflicts of law provisions thereof.
20. Notices
All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice is in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us at support@soocas.com.
21. Assignment
We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under the Agreement.
22. Severability
If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. No Waiver
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
24. Independent Contractors
You and us are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
25. No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and our licensors and suppliers (to the extent expressly stated in this Agreement).
26. Entire Agreement
The Agreement, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.
27. Revise and Update the Terms of Service
We may revise and update the Agreement from time to time in our sole discretion. You can review the most current version of the Agreement at any time on this page. We reserve the right to update, change or replace any part of the Agreement by posting updates and/or changes to our Site/in-app. It is your responsibility to visit this page/in-app when using the Service to review the current Agreement, as they are binding on you. Your continued use of the Service after any modifications indicates your acceptance of the Agreement, as modified. It is your responsibility to check this page/in-app periodically for changes. Your continued use of or access to the Service and the Site following the posting of any changes constitutes acceptance of those changes.
28. Contact Us
Questions about the Terms of Service should be sent to us at support@soocas.com.
