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TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PIBARTER PLATFORM AND SERVICES.

 

  1.      OVERVIEW.

 

This document describes the Terms of Use that apply to you when you access, register for and use the Pibarter Platform and Services.

 

The Pibarter Platform and Services, including the Website (https://www.pibarter.com), are owned and operated by Pibarter Private Limited, a company with address at 60 Paya Lebar Road #06-28 Paya Lebar Square, Singapore 409051 (collectively referred to herein as “We”, “Us”, or “Platform”).

 

Pibarter is a registered trade mark in the Intellectual Property Office of Singapore under No. 40202327624R. We are protected by all copyrights and intellectual property rights under the laws of Singapore, as all international copyright treaties.

 

For the purposes of this document, “You”, “User”, “Merchant” or “User” means any individual who may access, register and use our Platform and Services.

 

These Terms of Use are a legally binding contract between you and us.

 

Our Privacy Policy is incorporated into these Terms of Use. For more information about our privacy and data protection practices, please see our Privacy Policy, which is available on our Website.

 

BY ACCESSING AND REGISTERING ON THIS PLATFORM, YOU ARE EXPRESSLY ACCEPTING AND ELECTRONICALLY PROVIDING YOUR CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE LEAVE THIS PLATFORM IMMEDIATELY AND DO NOT USE OUR SERVICES.

 

  2.      ELIGIBILITY.

 

The access and use of this Platform is exclusively available for individuals who can enter into legally binding contracts as prescribed under applicable laws.

 

Individuals who are above the legal age as prescribed by applicable laws and are competent to enter into a legally binding contract, are eligible to use this Platform and our Services.

 

By accessing and registering on this Platform, you represent that you are of legal age and have full legal capacity to use this Platform and our Services in your jurisdiction.

 

  3.      SERVICES.

 

3.1. Directory Services: The Pibarter Platform provides an online directory and advertising service that allows Merchants to list their business profiles, products, and services (“Listings”) to be discovered by Users.

3.2. Information Only: We facilitate the discovery of businesses and merchants within the Pi Network ecosystem. We do not hire, employ, or manage Merchants, nor do we guarantee the quality of their goods or services.

3.3. No Transaction Facilitation: Unlike a traditional marketplace, we do not process transactions between Users and Merchants regarding the sale of goods or services. Any transaction entered into is solely between the User and the Merchant.

 

  4.      USER ACCOUNT.

 

If you wish to use our Platform Services, you must register an account with us (“User Account”) through our Website.

 

Any individual who wishes to offer their services or to hire Merchants for carrying out certain works or tasks, can easily register and create a User Account on our Website for the purpose of using our Platform.

 

During the registration process, we will ask you to provide certain information from you, such as your first name, last name, address, email address and payment method.

 

We may also request additional information from you at any time to verify that you meet our eligibility requirements set forth in Section 2 above and to comply with Section 21 below.

 

By registering on our Website:

 

a)      You accept and acknowledge that you are solely responsible for maintaining the confidentiality of your User Account and password and for restricting its access to any third party;

 

b)      You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session;

 

c)      You represent and warrant that all personal data and other information you provide during the registration process and thereafter is accurate, true and correct;

 

d)      You represent and warrant that you are not violating any law or regulation; and

 

e)      You agree to comply with these Terms of Use and our Privacy Policy, including any applicable laws and regulations.

 

We will take appropriate measures to protect your personal data from accidental or unlawful destruction, loss, or unauthorized access, including measures to encrypt such information, as described in our Privacy Policy.

 

We reserve the right to verify and validate your personal data and any other information you provide to us during the registration process and at any time thereafter. If we determine that any such personal data and/or information is unlawful, fraudulent, erroneous or inaccurate (in whole or in part), we may suspend or terminate your account

 

We may bring legal action against you if you provide personal data and/or information that is unlawful, false, fraudulent, erroneous or incorrect, in addition to any other remedies available to us under applicable law.

 

  5.      RELATIONSHIP BETWEEN THE PARTIES.

 

You agree and acknowledge that the relationship between Users is that of independent contractors. None of the provisions to these Terms of Use and our Privacy Policy creates an employment relationship between Users.

 

You accept and acknowledge that the scope, specifications, timeline and payment of the work or services contracted between Users through the Platform, shall be mutually agreed upon by both parties, and that each User is solely responsible for fulfilling the contractual obligations it has assumed with any other User.

 

You also agree and acknowledge that the relationship between you and the Pibarter Platform is that of independent contractors. None of the provisions to these Terms of Use and our Privacy Policy creates an association, joint venture, agency or employment relationship between you and the Pibarter Platform. Nothing in these Terms of Use and our Privacy Policy shall be construed as constituting a joint venture, partnership or employer-employee relationship between you and the Pibarter Platform.

 

  6.      PAID LISTINGS AND SUBSCRIPTIONS.

 

6.1. Our Platform offers different options for Merchants to list their businesses, which may include one-time payment plans and recurring subscription packages, as described on our Website (collectively referred to herein as “Paid Services”). For more details about our Paid Services please refer to our Website.

 

6.2. Paid Services can be easily paid for on our Website using the payment methods listed therein (“Payment Methods”).

 

6.3. You agree and acknowledge that we may make changes to our Paid Services, including prices and descriptions, at any time without notice. Any change in the price of a Paid Service will be effective for the next billing period (if applicable).

 

6.4. All payment details entered through the Website are encrypted by us. Communications to and from our payment service provider’s site are also encrypted.

 

6.5. We do not provide your payment information to any third party unless required to by law, regulation or court order.

 

6.6. Payment Method details provided by you shall be legitimate, valid and accurate, and you may only use a Payment Method that is legally yours. We will not be liable for any Payment Method fraud resulting from inaccurate, incorrect, or unlawful information provided by you. Any liability arising from fraudulent activity on any Payment Method by you, as any responsibility to prove otherwise shall be exclusively on you.

 

6.7. After your payment has been properly processed, we will confirm receipt of your payment by sending a confirmation message to the email address you provided during the registration process on our Platform, indicating the Paid Service you have purchased.

 

6.8. You accept and acknowledge that we may temporarily suspend your Paid Service in case the renewal subscription has not been paid by you after a 5 day period has gone through. You may opt for a Paid Service reactivation by immediately paying the amount of the renewal.

 

  7.      CANCELLATION POLICY.

 

    7.1.   You may cancel your Paid Service (where applicable for recurring subscriptions) at any time through our Website.

 

    7.2.    Please keep in mind that cancellations will be effective upon the end of your Paid Service billing period following the cancellation request.

 

    7.3.   If you do not cancel your recurring Paid Service before your next billing period, you will be billed and charged for such Paid Service. We will not issue a refund for the current period or cancel your Paid Service until the next billing cycle.

 

  8.      NO REFUND POLICY.

 

    8.1.   We have a strictly no refund policy for our Paid Services, including any one-time listing fees, subscription packages, or any other paid product or service, except when required by law.

 

    8.2.    In the event that you cancel your Paid Service, such cancellation will apply to the next billing period (if applicable) and we will not provide any refund, unless we decide otherwise in our sole discretion.

 

    8.3.   You hereby expressly accept and acknowledge that our Paid Services and any other paid product or service offered by us, are non-refundable.

 

  9.      ACCEPTABLE USE AND RESTRICTIONS.

 

    9.1.   You must use this Platform and Services in accordance with these Terms of Use and our Privacy Policy.

 

    9.2.   You must not use our Website and Services for any harmful, illegal, or nefarious purpose.

 

    9.3.   You may not use the Platform and Services in violation of any applicable laws or regulations.

 

    9.4.   You must use our Platform to offer services only within  the locations where you are legally authorized to provide such services. You may not use this Platform for any other purpose or in connection with any activity or of any kind without our express prior written consent.

 

    9.5.   You must not misrepresent your identity, age, or any other personal data.

 

    9.6.   You must provide us with true, accurate and current information as requested by us to provide you with our Platform Services.

 

    9.7.   You must not provide us with false, misleading, fraudulent, unlawful, and/or prohibited information; and/or information which you do not own, and/or which belongs to any third party.

 

    9.8.   You must not disclose personal, sensitive, private and/or proprietary information to which you do not hold the right to disclose.

 

    9.9.   You must not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any other User and/or individual  through our Platform.

 

9.10.   You must be courteous and respectful to other Users and to our employees, representatives and/or agents. If we believe that your behavior towards any other User or our employees, representatives and/or agents is at any time threatening or offensive, we reserve the right to immediately terminate your Subscription Tier and User Account.

 

9.11.   You must not use or attempt to use our Platform and Services, to:

 

a)      Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Platform  Services.

 

b)      Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.

 

c)      Impersonate any person or entity or otherwise misrepresent its affiliation with a person or entity.

 

d)      Collect or store personal data without the knowledge and express consent of the data subject.

 

e)      Access any information and/or data not intended for you, or log into an User Account that you are not authorized to access into.

 

f)       Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another individual’s personal information without his or her permission.

 

g)      Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Platform and Services or any property, devices, software, services, networks or data connected to, or inter-operating with the Platform and Services, or to any Website content or data stored, accessed or delivered through the Platform and Services, by any means, including by hacking, phishing, scamming, spoofing or seeking to circumvent or defeat any firewalls, or other information security protections or controls of whatever nature.

 

h)      Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of any of the Platform Services.

 

i)        Interfere with, disrupt or negatively affect our Platform, including our Website, servers, or our Services’ networks.

 

j)        Upload viruses or other malicious code or otherwise compromise the security of our Platform and Services.

 

9.12.   You must not copy or reproduce the Platform and Services in any manner of any kind and must not use and/or allow:

 

a)      Reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Website and our Services, including any related malware signatures and malware detection routines;

 

b)      Change, modify or otherwise alter the Website and/or its Services;

 

c)      Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mining, data scraping or web scraping process, scraping email harvesting or using any process or processes that send automated queries to the Platform;

 

d)      Compile and/or collect any personal data, information, products or services listings, and/or email addresses  for any purpose, including for sending any unsolicited commercial e-mail; and/or

 

e)      Offer, create or develop a product or service that competes with our Platform.

 

10.   REPORT AN ABUSIVE USER.

 

If you believe that another User has performed any actions, activities, or any form of communication towards you that you consider to be inappropriate or abusive in any way, please send an email describing the user’s abusive behavior at report@pibarter.com. We will review your report and send you a response email within 72 hours informing you of our decision as to whether there are sufficient grounds to remove the abusive user from our Platform.

 

If you wish to block a User for your own convenience, you may use the block user option on our Website.

 

11.   OWNERSHIP RIGHTS.

 

Each and every intellectual property right and copyright held by Pibarter Private Limited in relation to the Platform and Services, including but no limited to the Pibarter Trade Mark any inventions, ideas, patents, other trademarks, logos, texts, images, graphics, content, trade secrets, designs, domain names, website addresses, source codes, software, know-how and its derivatives, among others,that currently exist and/or that have existed in the past and/or that may exist in the future with respect to the Platform and Services (“Intellectual Property”), are the exclusive property of, and belong solely to Pibarter Private Limited. Likewise, you accept that all moral and patrimonial rights to Intellectual Property and any derivatives therefrom, belong solely and exclusively to Pibarter Private Limited.

 

You must not reproduce, disclose and/or use for your own benefit or for the benefit of any third party, in its original or derivative form, or in any other way, whether directly or indirectly, any Intellectual Property or any derivatives belonging to Pibarter Private Limited.

 

You accept that the use of the Platform and Services is exclusively limited to the provisions established in these Terms of Use and our Privacy Policy, and that you have no right to claim any right or interest of any kind in them and/or in any Intellectual Property belonging to Pibarter Private Limited, and any other right associated with or arising from such Intellectual Property.

 

12.   LICENSE OF USE.

 

Pibarter Private Limited grants you a limited, temporary, revocable, non-exclusive license during the term of these Terms of Use to use the Platform and Services in accordance with this document (“License of Use”).

 

You agree the License of Use granted herein is provided on a temporary basis and may be withdrawn by Pibarter Private Limited at any time. All rights not expressly granted herein are reserved.

 

13.   PLATFORM MAINTENANCE.

 

We will make its best efforts to provide and make the Platform and Services available in an uninterrupted manner to you. However, the Platform and Services may be subject to downtimes or may not be available temporarily due to scheduled maintenance activity initiated by us and/or by our service Merchants, and such scheduled maintenance activity may or may not be notified to you. In addition, the Platform and Services may be unavailable due to unscheduled emergencies or for other causes beyond our reasonable control and for such unscheduled emergencies prior notice shall not be given by us.

 

14.   UPDATES.

 

We may from time to time, and without your separate authorization or consent, deploy an upgrade or update of, or replacement for, any Service, including but not limited to any  feature or functionality of our Platform (“Updates”), and as a result of any such deployment you may not be able to use our Platform and Services or the relevant feature or functionality  on your device  until any such Update is fully installed or activated. Each Update will be deemed as part of our Platform and Services for all purposes under these Terms of Use.

 

Updates may include both additions to, and removals from, any particular  Service and/or features and/or functionality offered by our  Platform or may entirely replace it, and we will determine the content, features and functionality of the updated features and/or Services in our sole discretion.

 

We will determine in our sole discretion when and if Updates are appropriate and are under no obligation to make any Updates available to you. We may also stop providing Updates for devices, versions of operating systems, browser programs and/or other software with which our Platform and Services are no longer designed to operate.

 

15.   USER SUPPORT.

 

We provide you with access to support features available on our Platform (“User Support”).By using the Platform and Services, you accept the modality by which we provide technical support to you.

 

You expressly agree that we may change the features of User Support  at any time without prior notice.

 

16.   DISCLAIMERS, WARRANTIES AND LIMITATION OF LIABILITY.

 

16.1.   The Platform and Services are provided “as is” and “as available”, as is described herein, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. You expressly agree and acknowledge that your sole and exclusive remedy relation to your use of the Platform and Services shall be to stop using them.

 

16.2.   We do not warrant and disclaims that the Platform and  Services will be available and/or provided in a timely, secured manner, uninterrupted, free from any errors, including but not limited to viruses or other malicious software.

 

16.3.   We do not warrant that the operation of the Platform and Services will work properly on any specific device or with any particular configuration of hardware and/or software, or that the Platform and Services will provide complete protection for the integrity of the selected data, information or content stored or transmitted via the internet.

 

16.4.   You accept and acknowledge that our website may contain technical or other inaccuracies, inaccuracies or typographical errors. We may make changes to the Website content, including the prices and descriptions of the Subscription Tiers and Service at any time without notice.

 

16.5.   You agree that no information or content displayed or received through our Website; and/or the use of our Platform Services creates or constitutes a warranty of any kind, either express or implied.

 

16.6.   We shall not be liable to you or any third party, under no circumstances, directly or indirectly, for the suspension, cancellation, termination or discontinuation of our Platform’s Services caused by force majeure and/or by third parties.

 

16.7.   We do not guarantee, under any circumstances, directly or indirectly, any specific results that you intend to receive or obtain through the use of our Platform and Services.

 

16.8.   You accept and acknowledge that any User description displayed on our Platform is intended to be useful information for other Users to evaluate when they make their own decisions about the identity and suitability of any Users whom they contact, interact or wish to hire to any job, work, task or service through the Platform.

 

16.9.   You expressly agree that the use for any information shared, submitted, published, displayed, made available, used or transmitted in any way through our Platform is sole and exclusive responsibility of each user and that we will not be responsible for any action or decision made by any User and/or any third party based on such information.

 

16.10.   We will not be responsible under any circumstances, directly or indirectly, for any unlawful or prohibited use of the Platform and Services, incurred by any User or third party.

 

16.11.   We will not be responsible under any circumstances, directly or indirectly, for any service or work offer, service or work request and/or information shared, posted, published, displayed, made available, used or transmitted through our Platform.

 

16.12.   You agree that our Platform is strictly an intermediary used to connect our Users and that for this reason, we will not be responsible under any circumstances, directly or indirectly, for:

 

a)      Any work, job, task or obligation contracted between Users and/or third parties;

 

b)      Any use or illegal and/or improper practice and/or negligence and/or fraudulent action incurred by any User and/or third parties;

 

c)      Any incident and/or misunderstanding, and/or fraud and/or damage and/or loss and/or harm and/or theft and/or injury caused by any User and/or third party; and/or

 

d)      The violation of any applicable law or regulation, by any User and/or third parties.

 

16.13.   You agree that Users registered in this Platform are independent contractors and not employees, staff, partners, representatives, agents, joint venturers or franchisees of our Platform.

 

16.14.   You accept and acknowledge that we do not perform works, jobs, tasks or services and do not employ individuals to perform work, jobs, tasks or services. We provide online services solely by connecting Users who wish to hire or perform certain works, jobs, or tasks.

 

16.15.   You accept and acknowledge that we do not supervise, scope, direct, control, monitor or guarantee the work and/or services of Users registered on this Platform and therefore we expressly disclaim any responsibility and liability for any work, task and/or service performed by any User in any manner whatsoever, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, statute, ordinance, regulation or code.

 

16.16.   You shall indemnify us against any and all liability arising directly or indirectly from the suspension, cancellation or termination of any service or work offered by you and/or hired by you through this Platform and/or from any breach of any obligation by you or by any User to you.

 

16.17.   To the fullest extent permitted by law, in no event shall we and our affiliates, partners, officers, employees, staff, agents, directors, licensors or any other related person be liable to you and/or any third party for:

 

a)      Any damage and/or injury and/or loss, including death, caused by: (i) any work, job, task and/or service provided or performed by you or any User registered on this Platform; and/or (ii) the violation of these Terms of Use and/or our Privacy Policy and/or  any applicable laws and/or regulations by you or any User registered on this Platform; and/or

 

b)      Any damage and/or loss  caused to your property or the property of any User or third  party as a result of: (i) any work, job, task and/or service provided and/or performed by you or any User registered on this Platform; and/or (ii) the violation of these Terms of Use and/or our Privacy Policy and/or any applicable laws and/or regulations by you or any User registered on this Platform.

 

16.18.   You agree and acknowledge that in no event shall our aggregate liability arising out of or related to these Terms of Use and/or our Privacy Policy, whether arising out of or related to breach of these agreements, exceed the amount paid by you for the most recent Subscription Tier in effect at the time the dispute arose.

 

16.19.   To the full extent permitted by law, in no event will we be liable to you and/or third party for any indirect, consequential, incidental, punitive, special or exemplary damages or losses whatsoever, without regard to cause or theory of liability.

 

16.20.   The exclusions and limitations of liability of us and our affiliates, partners, officers, employees, staff, agents, directors, licensors or other related persons shall not limit or exclude their potential liability for any matter which may not otherwise be limited or excluded by applicable law.

 

16.21.   You expressly declare that you have carefully read, understood and accepted the entirety of these Terms of Use and our Privacy Policy.

 

17.   INDEMNITY.

 

You hereby agree to indemnify, defend and hold us and our affiliates, partners, officers, employees, agents, directors, licensors or other related persons (“Related Persons”) harmless from and against any and all liabilities, losses, costs and expenses (including attorneys’ fees) incurred by us or any of our Related Persons in connection with any claim arising out of your use of our Platform and Services, or arising out of or in connection with any breach by you of these Terms of Use and/or our Privacy Policy and/or any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate reasonably with us in defending such claim.

 

18.   TERMINATION.

 

These Terms of Use and our Privacy Policy will terminate immediately if you breach any of your obligations under these Terms of Use and/or our Privacy Policy, which may result in the suspension or termination of your User Account and Subscription Tier without refund. We reserve the right to seek all other remedies available at law or in equity in the event that you breach any of your obligations under these Terms of Use and/or our Privacy Policy.

 

19.   ANTI-PHISHING AND ANTI-SCAM POLICY.

 

We have a strict anti-phishing and anti-scam policy. Any activity or attempt by you to collect personal data and any other information from other Users or third parties through our Platform and Services under false identity or fraudulent pretenses may result in the immediate termination or cancellation of your User Account, and these Terms of Use and our Privacy Policy, including your Subscription Tier, without any right to a refund.

 

We reserve the right, in addition to any other remedies available to us under applicable law, to take legal action against you and any third party if we suspect or determine that you and any third party have engaged in phishing or scamming activities or other fraudulent conduct through our Platform.

 

If you believe or suspect that another User or any third party has engaged in phishing or scamming activities or other fraudulent conduct to collect your personal data or other information about you through our Platform, please contact our User Support team at: report@pibarter.com.

 

20.   AML/CTF/KYC POLICY.

 

We have established in our Platform the appropriate measures to comply with the anti-money laundering, counter-terrorism financing and know your customer law and regulations (“AML/CTF/KYC Regulations”).

 

Accordingly, we conduct our Customer Due Diligence (CDD) during the registration process on our Platform and require, among other details, the following information:

 

a)      First and last name (full name);

 

b)      Identification or passport; and

 

c)      Physical address.

 

You expressly agree and acknowledge that we may at any time require (and you agree to provide us) the following for AML/CTF/KYC regulations purposes:

 

a)      Verify your identity through a video showing your face and stating your full legal name; and

 

b)      Provide us with your identification document and proof of address.

 

You expressly agree that we may, at any time and in our sole discretion, require you to provide such additional information and documentation as we deem necessary to comply with the  applicable AML/CTF/KYC regulations.

 

We shall not be liable under any circumstances, directly or indirectly, for any violation of applicable AML/CTF/KYC regulations and/or for any criminal offense incurred by you and any other User, by providing us with any false, fraudulent, misleading, inaccurate or unlawful information and documents.

 

We reserve the right to bring legal action against you and to report you to the competent authorities if you provide any information that is false, fraudulent, misleading, inaccurate or unlawful in violation of these Terms of Use and applicable AML/CTF/KYC regulations.

 

We also reserve the right to immediately terminate your User Account and Subscription Tier without refund, and to immediately terminate these Terms of Use and our Privacy Policy if we suspect or determine that you have violated this Section 21  in any way.

 

21.   CHANGES TO THESE TERMS OF USE.

                    

We may amend these Terms of Use, from time to time, in our sole discretion, by posting a revised version on our Website, providing notice on thereon. If you do not agree to the changes adopted, then you must stop the access or use of our Platform and Services immediately.

 

Any modifications to these Terms of Use will be effective upon our posting of the modified version on our Website (or as otherwise indicated at the time of its posting). In any case, the continued use of our Platform and Services after the posting of any change of these Terms of Use indicates that you express your acceptance of such modifications.

 

22.   DISPUTES RESOLUTION.

 

22.1.   Between Users:

 

Your interactions with other Users on the Platform are solely between you and those Users. Before proceeding with any hiring or online transaction with another User, you must make all investigations that you deem necessary or appropriate.

 

In the event of any disagreement, dispute, or claim between you and any other User (“Dispute”), you agree to use your best efforts to resolve such Dispute with at least 3 attempts. If such attempts to resolve the Dispute are unsuccessful, you may contact our User Support team to report the Dispute and request reasonable advice on the matter. You expressly accept and understand, however, that we are not a party to, and will not participate in such Dispute and are under no obligation to do so. Accordingly, in connection with such Disputes, you hereby agree to indemnify us and hold us harmless from and against any and all claims, complaints and damages, actual and consequential, of every kind and nature, known and unknown, in connection with any Dispute.

 

22.2.   Disputes between you and us.

 

In the event of any disagreement, dispute, or claim, arising from or relating to your use of the Platform and our Services and/or any breach of these Terms of Use and/or our Privacy Policy (“Dispute”), you agree to use its best efforts to amicable settle the Dispute with us and resolve the issue in good faith, acknowledging mutual interests, in order to reach a just and equitable solution that may result satisfactory to you and us before initiating any legal proceeding. If such resolution is not reached within a period of forty-five (45) days, then, upon notice by either party to the other, the Dispute shall be finally settled by the courts referred to in Section 23 below.

 

22.3.   International Arbitration.

 

In the event of a Dispute arising between you and us that involves a party located outside of Singapore and cannot be resolved amicably within the specified 45-day period, as outlined in Section 22.2 above, such Dispute 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 for the time being in force, which rules are deemed to be incorporated by reference in this clause.

 

23.   GOVERNING LAW AND JURISDICTION.

 

These Terms of Use shall be governed by and construed in accordance with the laws in force in the Republic of Singapore without regard to conflict of laws provisions. In case of any Disputes, you hereby agree to submit to the exclusive jurisdiction of the Courts of Singapore, Republic of Singapore.

 

24.   MISCELLANEOUS.

 

24.1.   Entirety: These Terms of Use and our Privacy Policy, constitutes the entire agreement between you and us and will supersede and replaces all prior written or oral agreements.

 

24.2.   Severability: If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of these Terms of Use, and they shall continue in full force and effect.

 

24.3.   No Waiver: Our failure to insist upon strict performance of any provision of these Terms of Use shall not be deemed a waiver of any of our rights or remedies with respect to any present or future failure by you to perform or comply with any of your obligations to us.

 

24.4.   Interpretation: The headings in these Terms of Use do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. These Terms of Use were originally prepared in the English language. Although we may provide one or more translated versions of these Terms of Use for your convenience, the English language version of these documents will be the governing version of therein in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the provisions of these Terms of Use will be construed as having been drafted jointly by you and us, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms of Use.

 

24.5.   Other applicable regulations: While these Terms of Use are governed by and construed in accordance with the laws of the Republic of Singapore, you acknowledge that you may be subject to local laws in the jurisdiction in which you reside or operate.

 

24.6.   Notices and communications: We are committed to maintaining clear and transparent communication with our Users. To ensure effective communication, you agree to the following:

 

a)        All communications related to your use of our Platform and Services, including but not limited to notices, requests, and inquiries, shall be conducted in English unless otherwise agreed upon in writing.

 

b)        You agree to provide accurate and up-to-date contact information, including your email address, and to promptly update this information if it changes.

 

c)        You agree to regularly check your email and other communication channels associated with your User Account for any messages from us. We may send important notices regarding your account, changes to the Terms of Use and our Privacy Policy, or other significant updates via email or through notifications on our Website.

 

d)        In case of any questions, issues, or disputes, you are encouraged to contact us directly at inquiry@pibarter.com or through our designated customer support channels. We will acknowledge and respond to your inquiries promptly and in a clear, concise manner.

 

e)        Failure to respond to our communications within a reasonable time frame may result in delays in resolving issues or, in certain cases, the suspension or termination of your User Account.

 

f)         All official communications from us will be sent from our designated email addresses and communication channels. Please be cautious of any unsolicited or suspicious communications claiming to be from us and report such instances to us immediately.

 

24.7.   Enforcement Across Borders:

 

We recognize that our Platform and Services may be accessed and used by individuals and businesses located in various jurisdictions outside of Singapore. To ensure the enforceability of these Terms of Use across different regions, you agree to the following:

 

a)   These Terms of Use, including any rights, obligations, or disputes arising hereunder, shall be enforceable across all jurisdictions in which our Users are located, to the fullest extent permitted by applicable law.

 

b)   You expressly agree that, in the event of any legal action or enforcement proceedings arising out of or related to these Terms of Use, the courts of Singapore shall have jurisdiction as provided in Section 23 above (Governing Law and Jurisdiction). However, Pibarter reserves the right to enforce its rights under these Terms of Use in any jurisdiction where you or your assets may be located.

 

c)    You agree to comply with all applicable local laws and regulations in the jurisdiction where you access and use our Platform and Services. Any violation of local laws or regulations shall be considered a breach of these Terms of Use.

 

d)   In the event that enforcement of these Terms of Use is required in a jurisdiction outside of Singapore, you agree to bear any additional costs, including but not limited to legal fees, court costs, and other expenses incurred by Pibarter in enforcing its rights under these Terms of Use.

 

e)   You acknowledge that any judgment or order obtained by Pibarter in Singapore may be enforced in other jurisdictions in accordance with the laws and treaties applicable in those jurisdictions.

 

f)     This Section 24.7 applies to our Privacy Policy.

 

25.   CONTACT US.

 

For any questions, comments, or complaints regarding these Terms of Use and/or our Platform and Services, you may address us by sending an email to: inquiry@pibarter.com and that email receipt must be acknowledged by us.

 

Last Updated: 16/12/2025.