Terms & Conditions
Last Updated: 6 Nov 2020
Welcome to the Santivia® website located at www.santiviahealth.com (the “Site”). The term “Santivia” includes Santivia Pte. Ltd. and our affiliates and subsidiaries, including without limitation.
You may use enter into this Agreement and us the Site and Services only if you are 18 years or older and capable of forming a binding contract with Santivia and are not barred from using the Services under applicable law.
1. THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on this website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare provider. You should not use the information on this Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.
2. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our consultants, our employees, and others appearing on Site (at our invitation or other visitors to the Site) is at your own risk.
3. The use of this Site does not create a professional-client relationship. Information provided on this Site and the use of any products or services purchased from our Site by you does not create a doctor-patient relationship between you and any of the employees or consultants affiliated with our Site.
4. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site.
5. Information and statements regarding dietary supplements are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare provider prior to use if you have or suspect a medical condition, are taking prescription drugs, or are pregnant or lactating.
6. You should always speak with your doctor or other healthcare provider before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem.
7. You should carefully read all product packaging and instructions for any products or services purchased from this Site
TERMS OF SERVICE
1. Agreement to Terms. By accessing or using santiviahealth.com, or any other website with an authorised link to this Site, registering an account or accessing or using any content, information, services, features or resources available or enabled via the Site (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organisation or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SANTIVIA THROUGH INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 18(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
(a) Registration & Your Information. You’ll have to create an account if you want to use certain features of the Services (“Account”), such as register for certain promotions that we may offer from time to time, post a Product review, or become a subscription member. You can do this via the Site. You agree not to use the Site for any of the following purposes:
• Posting any information which is inaccurate, untrue
• Posting information that is not your own
• Posting or communicating any material that infringes on any intellectual property or privacy rights of another person or entity
• Engaging in conduct that would constitute a criminal offence
• Engaging in conduct that would give rise to civil liability
• Engaging in conduct that would violate any law or regulation
• Attempting to interfere in any way with the Site’s or the network security of Santivia.
(b) Access Through a SNS. For purposes of the Agreement, a “Registered User” is a User who has registered an account on the Site (“Account”) or has a valid account on the social networking services (“SNS”) through which the User has connected to the Site (each such account, a “Third-Party Account”). If you access the Services through a SNS as part of the functionality of the Site, you may link your Account with Third-Party Accounts, by allowing Santivia to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Santivia and/or grant Santivia access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Santivia to pay any fees or making Santivia subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND SANTIVIA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
(c) Accuracy of Registration Data. In registering an account on the Website, you agree to provide us with accurate, complete and up-to-date data for your Account ("Registration Data") and you agree to promptly update the Registration Data thereafter as necessary.. If you don’t, we might have to suspend or terminate your Account.
You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorised use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorised users and agree not to share your Account or password with anyone. You further agree to notify Santivia immediately of any unauthorised use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session.
You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Santivia service at any given time. Santivia reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Santivia.
5. Feedback & Reviews
(a) Feedback. We welcome ideas, proposals, documents, comments and suggestions for improvements to the Services and Products (“Feedback”). You can submit Feedback by emailing us. You agree that your submission of Feedback is at your own risk and that Santivia has no obligations with respect to such Feedback. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
(b) Ratings and Reviews. Ratings and reviews posted by Users on our Services are not endorsed by Santivia and do not represent the views of Santivia. We do not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable institution, business, product, or service; (ii) you will not provide a rating or review for any institution, business, product, or service with respect to which you have a competitive, ownership or other economic interest or employment relationship and (iii) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such rating or review without notice.
6. Order Process
(a) Order Acceptance. You may purchase Products in our online store accessible on the Site. All Products, specifications and prices described on the Site are subject to change at any time without notice. Prices for the Products may be displayed in Singapore dollars or in local currency, depending on the location from which you access the Site and/or depending on which currency you select.
Each part of any order that you submit to Santivia constitutes an offer to purchase. If you do not receive a message from Santivia confirming receipt of your order, please contact our Customer Service department before re-entering your order. Confirmation of receipt of your order by Santivia does not constitute our acceptance of your order. Santivia is only deemed to have accepted your order once the product(s) you ordered have been shipped (each, a “Product”).
(b) Order Issues. Although we strive to accept all valid orders, Santivia reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
(c) Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, Santivia reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
(d) Payments. When you purchase a Product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorise us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorise us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(e) Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Shipping restrictions may apply. Santivia is not responsible for taxes and/or duties or any brokerage and/or delivery fees and/or return postage applied to international shipments. We recommend that you contact your customs office to inquire about import regulations before placing an order. Santivia will not be liable for packages refused or held for delivery. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error, or orders seized by Customs.
(f) Returns. You may return Products that you purchase via the Site in accordance with the Santivia return policy available on the Site. All fees for subscriptions are non-refundable. If you have any questions regarding your supplements or your supplement order, you may email us.
(g) Warranty. The Products are covered by a limited warranty as described in the Warranty Terms.
(h) Restrictions on Resale. To protect the intellectual property rights of Santivia and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Santivia reserves the right to decline any order that we deem to possess characteristics of reselling.
7. Subscription Service(a) Subscribe Program. Where the services offered by Santivia are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Santivia reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers.
Your subscription will be automatically renewed and your credit card will be automatically charged, depending upon the billing terms for your account, for as long as you remain a subscriber. You agree that Santivia will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all Santivia obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
(b) Automatic Renewal. If you join subscription program for an initial term ("Initial Term"), then the additional term will be automatically renewed for an additional period that you have set and at the current fee for such service, unless you cancel the subscription in accordance with the terms set forth herein. You may cancel your subscription at any time after the second order with MINIMUM SEVEN DAYS NOTICE before your upcoming renewal date.
When you purchase a subscription through the Services, every 1 month, we will send you a shipment containing a 1 month supply of Products. Your subscription will continue, and you will be charged, every 1 month until you choose to cancel. After your minimum Initial Term and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an additional period at our then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription a minimum of seven days before your upcoming Renewal Commencement Date, following the minimum Initial Term, by emailing us.
When you purchase a subscription through the Services, every 2 month, we will send you a shipment containing a 2 month supply of Products. Your subscription will continue, and you will be charged, every 2 months until you choose to cancel. After your minimum Initial Term and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an additional period at our then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription a minimum of seven days before your upcoming Renewal Commencement Date, following the minimum Initial Term, by emailing us.
You may change the frequency of shipment between 1 and 2 months and you may change the number of products you wish to receive according to your chosen schedule by logging into your subscription account. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion. Discount codes cannot be used in conjunction with the subscription program.
8. Promo Codes
(a) Discount & Promo Codes. Santivia may offer discount or promotional codes that are redeemable towards a purchase of Products on the Site, subject to expiration dates, minimum purchase order, Product exclusions and any other restrictions as may be determined and communicated by us in our sole discretion (“Promo Codes”). Only valid Promo Codes provided through official communication channels will be honoured by us. Each Promo Code offered by Santivia (i) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us, (ii) is valid for one single purchase on the Site, (iii) may only be used pursuant to the specific terms that we establish for such Promo Code, (iv) cannot be redeemed for cash or any cash equivalent, (iv) cannot be stacked, which means that only one discount code cannot be used at one time and (v) may expire prior to your use. Promo Codes cannot be used towards purchase of non-Santivia branded merchandise, taxes, or shipping charges. Santivia is not responsible for any unauthorised use of Promo Codes. The monetary value of the Promo Code will not be refunded or credited back if the Product purchased using the Promo Code is returned. Promo Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
(b) Gift Cards. From time to time Santivia may issue gift cards. Gift cards are coupons for discounts off future purchases and may be redeemed only for a discount off purchase amounts equal to or greater than the specified amount before other discounts applied. Gift cards are not transferable and may be used only by the member to whom issued. Gift cards may be used in conjunction with most other discounts or offers toward the purchase of products, not to exceed the purchase amount. Unless noted otherwise on the gift card, each gift card will expire 30 days from the issuance date. Gift card have no cash value and no change will be given for certificate redemption. Gift cards are not retroactive and price adjustments will not be issued to orders placed prior to the date issued. Gift cards may be used only once. Gift cards expire at 11:59 p.m. SGT on the expiration date shown on the reward certificate. This offer is subject to change without notice.
(c) Promo Codes from Spokespeople. From time to time, Santivia may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivised to speak on behalf of our brand. If you receive a Promo Code from a third-party source, please note that such individual may have been compensated by Santivia for his or her statements.
(d) Promo Code from Refer-a-friend Program
If you receive a Promo Code from a third-party source who has participated in a our Refer-a-friend program, please note that such individual may have been compensated by Santivia.
9. Content Ownership, Responsibility and Removal
(a) Definition of Content. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Site visitors (including Account holders) provide to be made available through the Services, including Product reviews. User Content also includes Content that explicitly refers to Santivia, the Products or the Services that you submit or make available through third-party websites or platforms (“SNS User Content”). Santivia has no obligation to make any User Content available on the Site.
(b) Our Content Ownership. Santivia does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Santivia and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Santivia a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Site visitors. In addition, you hereby grant to Santivia a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your SNS User Content in connection with operating and providing the Services and Content to you and to other Site visitors, subject to the terms and conditions of the third-party website or platform to which the SNS User Content was submitted.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Santivia on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Rights in Content Granted by Santivia. Subject to your compliance with these Terms, Santivia grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(f) Sponsored Content. From time to time, Santivia may make available through the Services Content that is sponsored by third parties.
10. General Prohibitions and Enforcement Rights of Santivia. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, name of Santivia, any Santivia trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent of Santivia;
(c) Access, tamper with, or use non-public areas of the Services, the computer systems of Santivia, or the technical delivery systems of the Santivia providers;
(d) Attempt to probe, scan or test the vulnerability of any Santivia system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Santivia or any of the Santivia providers or any other third party (including another user) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Santivia or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilising an Santivia trademark, logo URL or product name without the express written consent of Santivia;
(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content (including without limitation Product reviews), we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. DMCA/Copyright Policy. Santivia respects copyright law and expects its users to do the same. It is the policy of Santivia to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
12. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
13. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 9(a), 9(b), 9(c), 14, 16, 17, 18, 19 and 20.
14. Warranty Disclaimers. EXCEPT AS OTHERWISE PROVIDED IN THE WARRANTY TERMS, THE PRODUCTS, SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
15. Indemnity. You will indemnify and hold harmless Santivia and its officers, directors, employees and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
16. Limitation of Liability
(a) NEITHER SANTIVIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SANTIVIA OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL THE TOTAL LIABILITY OF SANTIVIA ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SANTIVIA FOR THE PURCHASE OF THE PRODUCTS OR USE OF THE SERVICES OR CONTENT, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SANTIVIA AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of Singapore, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this contract, 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 1 arbitrator. The language of the arbitration shall be English.
18. Dispute Resolution
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products, Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.
(b) Class Action Waiver. YOU AND SANTIVIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Santivia changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to Santivia Privacy Officer) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Santivia in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(g) Severability. With the exception of any of the provisions in Section 17(e) of these Terms ("Class Action Waiver"), if an arbitrator or a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
19. Ownership Of and Licence to Use Services
(a) Use of the Services. Except with respect to User Content, Santivia and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Santivia grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Santivia, its suppliers and service providers reserve all rights not granted in this Agreement.
(b) Trademarks. The Santivia® name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of Santivia and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
20. General Terms
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Santivia and you regarding the Products, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Santivia and you regarding the Services and Content. With the exception of the Class Action Waiver, if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Santivia. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Santivia may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by Santivia under these Terms, including those regarding modifications to these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. The failure of Santivia to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Santivia. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d) Compliance with laws. You shall comply with all applicable laws, including, but not limited to, as applicable, Singapore Personal Data Protection Act, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localisation, cookies and record-keeping requirements.
(e) Electronic Communications. The communications between you and Santivia use electronic means, whether you visit the Services or send Santivia e-mails, or whether Santivia posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Santivia in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Santivia. provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
(f) Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of Santivia, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(g) Force Majeure. Santivia shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
21. Contact Information. If you have any questions about these Terms, the Products or the Services, please contact Santivia.