This End User License Agreement (“Agreement”) is between you and DXM SOLUTIONS PTE. LTD. and governs the use of this app made available through the Apple App Store. By installing the DXM SOLUTIONS PTE. LTD. App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the DXM SOLUTIONS PTE. LTD. App.
In order to ensure DXM SOLUTIONS PTE. LTD. provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content.
This Agreement is between you and DXM SOLUTIONS PTE. LTD. only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. DXM SOLUTIONS PTE. LTD., not Apple, is solely responsible for the DXM SOLUTIONS PTE. LTD. App and its content.
DXM SOLUTIONS PTE. LTD. may collect and use information about your usage of the DXM SOLUTIONS PTE. LTD. App, including certain types of information from and about your device. DXM SOLUTIONS PTE. LTD. may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the DXM SOLUTIONS PTE. LTD. App.
DXM SOLUTIONS PTE. LTD. grants you a limited, non-exclusive, non-transferable, revocable license to use the DXM SOLUTIONS PTE. LTD. App for your personal, non-commercial purposes. You may only use the DXM SOLUTIONS PTE. LTD. App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
By using the DXM SOLUTIONS PTE. LTD. App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the DXM SOLUTIONS PTE. LTD. App does not violate any applicable law or regulation. Your access to the DXM SOLUTIONS PTE. LTD. App may be terminated without warning if DXM SOLUTIONS PTE. LTD. believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the DXM SOLUTIONS PTE. LTD. App, you agree to be bound by this Agreement in respect to your child’s use of the DXM SOLUTIONS PTE. LTD. App.
Content may not be submitted to DXM SOLUTIONS PTE. LTD., who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
DXM SOLUTIONS PTE. LTD. disclaims all warranties about the DXM SOLUTIONS PTE. LTD. App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, DXM SOLUTIONS PTE. LTD., not Apple, shall be solely responsible for such warranty.
DXM SOLUTIONS PTE. LTD. does provide minimal maintenance or support but not to the extent that any maintenance or support is required by applicable law, DXM SOLUTIONS PTE. LTD., not Apple, shall be obligated to furnish any such maintenance or support.
DXM SOLUTIONS PTE. LTD., not Apple, is responsible for addressing any claims by you relating to the DXM SOLUTIONS PTE. LTD. App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the DXM SOLUTIONS PTE. LTD. App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
DXM SOLUTIONS PTE. LTD. shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the DXM SOLUTIONS PTE. LTD. App. To the extent DXM SOLUTIONS PTE. LTD. is required to provide indemnification by applicable law, DXM SOLUTIONS PTE. LTD., not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the DXM SOLUTIONS PTE. LTD. App or your use of it infringes any third party intellectual property right.
You may not engage in any activity involving spam on DXM SOLUTIONS PTE. LTD.. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on DXM SOLUTIONS PTE. LTD.. Violations of this policy could subject you or your agents to civil and criminal penalties.
We care about your safety and have created a resource to help you use DXM SOLUTIONS PTE. LTD.. Please visit www.socialsafety.org for important tips to help you stay safe online. IF YOU ARE UNDER THE AGE OF 18, WE ENCOURAGE YOU TO DISCUSS WITH YOUR PARENT(S) OR GUARDIAN(S) ONLINE SAFETY ISSUES FOR ALL OF YOUR SOCIAL MEDIA MEMBERSHIPS, INCLUDING YOUR DXM SOLUTIONS PTE. LTD. ACCOUNT.
By Content we mean all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, messages or other materials of any kind, whether publicly posted or privately transmitted. Your Content is your sole responsibility. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all of your Content. Except as set forth in our Privacy Policy, we are not responsible for any Content that you upload or transmit on DXM SOLUTIONS PTE. LTD.. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
We do not claim ownership of your Content, but you hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, modify, adapt, combine, synchronize, create derivative works from, publicly perform and publicly display such Content (including your user name and likeness) on DXM SOLUTIONS PTE. LTD. or otherwise for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion. We may use your feedback, comments and suggestions without any obligation to compensate you for them. We may continue to use and make available any and all Content and we will continue to have all of these rights even if your account is terminated.
You acknowledge and agree that we do not promise to screen Content, but that we have the right to do so. We have the right to remove any Content that violates the TOS or that we find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content.
You may not reproduce, republish, further distribute or publicly exhibit any Content on DXM SOLUTIONS PTE. LTD. that is not yours.
DXM SOLUTIONS PTE. LTD. and the software used in connection with DXM SOLUTIONS PTE. LTD. contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, infringe or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or to use modified versions of the software. You may not access DXM SOLUTIONS PTE. LTD. by any means other than through an interface we provide.
You agree that we may communicate with you by email; usually our communication will relate to administrative, security and other issues relating to DXM SOLUTIONS PTE. LTD., including invitations to participate in promotional activities, newsletters and other communications. Receiving these communications is a condition of your use of DXM SOLUTIONS PTE. LTD., and you will not be able to opt out of receiving them. You may, however, block all communication from us by deleting your DXM SOLUTIONS PTE. LTD. account.
We may at any time and from time to time modify, restrict or discontinue DXM SOLUTIONS PTE. LTD. or any part of DXM SOLUTIONS PTE. LTD., temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of DXM SOLUTIONS PTE. LTD..
We may without prior warning or subsequent notice terminate your account and access to DXM SOLUTIONS PTE. LTD. for any or no reason. We may decide to terminate your account for a number of different reasons, including without limitation (i) if you violate or fail to comply with the TOS, the Privacy Policy or other related agreements or guidelines, (ii) if you provide false information during registration or in your profile, (iii) if you do not use DXM SOLUTIONS PTE. LTD. for an extended period of time, (iv) by request of law enforcement or other government agencies, (v) for discontinuance or changes made to DXM SOLUTIONS PTE. LTD. or any part thereof, or (vi) technical or security issues or problems. We will make all termination decisions in our sole discretion and we will not be liable to you or any third party for any termination of your account or access to your Content or DXM SOLUTIONS PTE. LTD..
YOU USE DXM SOLUTIONS PTE. LTD. AT YOUR SOLE RISK. WE PROVIDE DXM SOLUTIONS PTE. LTD. ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
WE DO NOT GUARANTEE THAT DXM SOLUTIONS PTE. LTD. WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT DXM SOLUTIONS PTE. LTD. WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) DXM SOLUTIONS PTE. LTD. WILL MEET YOUR REQUIREMENTS, (2) DXM SOLUTIONS PTE. LTD. WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF DXM SOLUTIONS PTE. LTD. WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH DXM SOLUTIONS PTE. LTD. WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH DXM SOLUTIONS PTE. LTD. IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF DXM SOLUTIONS PTE. LTD.’S USERS AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND INCLUDING WITHOUT LIMITATION RESULTING FROM: (1) THE USE OR THE INABILITY TO USE DXM SOLUTIONS PTE. LTD.; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DXM SOLUTIONS PTE. LTD.; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DXM SOLUTIONS PTE. LTD.; OR (5) ANY OTHER MATTER RELATING TO DXM SOLUTIONS PTE. LTD..
OTHER USERS OF DXM SOLUTIONS PTE. LTD. WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.
WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON DXM SOLUTIONS PTE. LTD.. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF DXM SOLUTIONS PTE. LTD..
WE ARE NOT LIABLE FOR ANY LOST OR DELETED INFORMATION OR DATA, WHETHER INTENTIONAL OR UNINTENTIONAL, NOR FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE DOLLAR ($1.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU WILL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH DXM SOLUTIONS PTE. LTD., YOUR ACCESS AND USE OF DXM SOLUTIONS PTE. LTD., YOUR CONNECTION TO DXM SOLUTIONS PTE. LTD., YOUR VIOLATION OF THE TOS, YOUR TRANSMISSION OF OTHER USERS’ INFORMATION OR CONTENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
You agree that any dispute relating in any way to these TOS or DXM SOLUTIONS PTE. LTD., including without limitation your or third parties’ access to or use of DXM SOLUTIONS PTE. LTD., will be resolved by binding arbitration as discussed below and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA).
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE IF YOU TELL US WITHIN 60 DAYS OF YOUR FIRST DOWNLOAD OR USE OF DXM SOLUTIONS PTE. LTD. THAT YOU WANT TO OPT OUT. IF YOU WANT TO OPT OUT, SEND A WRITTEN NOTICE ADVISING US OF YOUR DECISION. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING THE RIGHT TO HAVE A DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENTAL TRIBUNAL.
YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT A NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.
Arbitration under these TOS and the Privacy Policy shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association (AAA) or JAMS, at the election of the party filing a claim in arbitration. That organization will apply its rules in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this arbitration provision, this arbitration provision and the TOS will control. Notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award either party attorneys’ fees. In the event that JAMS or the AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
We will pay any costs that are required to be paid by us under the arbitration administrator’s rules. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees that you have paid. We will also pay any fees of the arbitrator and the arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the arbitration administrator’s rules and applicable law. If you are unable to afford any fees that you would otherwise be required to pay, you may request us to pay or reimburse them, and we will consider your request.
Rules and forms for filing an arbitration claim can be found at www.jamsadr.com or www.adr.org. Arbitration hearings will take place in the federal judicial district that includes your address at the time the arbitration is filed.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of DXM SOLUTIONS PTE. LTD. or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We respect the intellectual property of others and ask our users to do the same. We may, in our sole discretion, disable or terminate the accounts of users whom we believe may be infringing the intellectual property rights of others.
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please provide claims of copyright or other intellectual property infringement to us at support@dxmsolutions.com.sg. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.
You may not use DXM SOLUTIONS PTE. LTD. where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content. These TOS are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above or a court of competent jurisdiction, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in these TOS. The other provisions of the TOS shall remain in full force and effect.
These TOS were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.
You can delete your account by sending an email to support@dxmsolutions.com.sg and your account will be deleted within 24 hours.