Table of Contents
Service Agreement
Welcome to Mechanic Marketing. By using our website and services, you agree to follow the rules and terms in this Service Agreement. This agreement is legally binding. If you don’t agree to these terms, please do not use our website or services. These terms apply to everyone who visits our website or uses our services.
This Service Agreement (‘Agreement’) governs the relationship between Mechanic Marketing Pty Ltd, a company established under the laws of Australia with its principal place of business at Suite 5A, 307-313 Wattletree Road, Malvern East, VIC 3145 (hereinafter referred to as ‘Mechanic Marketing,’ ‘we,’ ‘us,’ or ‘our’), and any individual or entity that accepts these terms (hereinafter referred to as ‘the Client,’ ‘Authorised Company Representative’, ‘you,’ or ‘your’).
By agreeing to this Agreement, the Client confirms acceptance of all terms herein, as well as any additional terms outlined in separate contracts or agreements entered into with Mechanic Marketing.
Throughout this Agreement, Mechanic Marketing and the Client may be collectively referred to as ‘the Parties’ and individually as ‘a Party’ or ‘either Party.’
For the avoidance of doubt, any terms or references within this Agreement not explicitly defined shall be interpreted based on their context to determine whether they refer to Mechanic Marketing, the Client, or both Parties. Therefore, please read this Service Agreement carefully as it governs your use of (which includes access to) Mechanic Marketing’s services.
By using this website, you agree to be bound by this Service Agreement, our Privacy Policy and our Earnings Disclaimer. If you do not agree to this Service Agreement, you must not use the website, access any of its contents, or hire Mechanic Marketing for any services.
1. The Services
1.1 ““Services” refers to the various tasks or products provided by Mechanic Marketing as displayed on our website. The specific services provided by Mechanic Marketing will depend on the plan you subscribe to, which may include the following:
(i) Tune-Up is designed to optimise a single Google Ads campaign for businesses with up to $1,000 in monthly ad spend, with a 10% media spend fee applied thereafter. For $997, you’ll receive a free sales call and lite advisory session, one custom landing page optimised for conversions, and one campaign setup with one ad group (including Dynamic Search Ads and/or Performance Max). Additionally, we provide an advisory session to review campaign performance and a customised automated dashboard report to track your results. Please note, this service is offered as a flat fee, independent of the campaign’s performance, as outlined in your contract and/or our pricing page.
(ii) Accelerate is a comprehensive online marketing management package designed for businesses with up to $10,000 in monthly ad spend, with a 10% media spend fee applied thereafter. Priced at $5,000, this service includes everything from the Lite package, such as a free sales call, advisory sessions, a custom landing page, campaign setup, and automated reporting. In addition, it offers on-page and technical SEO optimisation to enhance your website’s visibility, management of your Google Business Profile to improve local search rankings, and advanced tracking and reporting to ensure your campaigns are performing effectively. This service is provided at a flat fee, independent of the campaign’s performance, as outlined in your contract and/or our pricing page.
1.2 Once you agree to follow the rules in this agreement and subscribe to a plan, you can use our Services as long as you have paid for them on time. We will try our best to keep the Services available for you, except during planned downtime or unexpected emergencies as seen in section 20. Sometimes we might change, replace, or stop offering certain Services without letting you know in advance.
1.3 When using the Services, it’s important to follow the rules outlined in the Agreement. Here are some things you need to do:
(i) Give correct and up-to-date information about yourself whenever you’re asked to fill out a form on this website and the project management board that we send you access to. This information is called “Registration Data.”
(ii) Make sure to regularly update your Registration Data to keep it accurate, current, and complete.
(iii) Keep your password and identification information safe and secure. Don’t share them with anyone else.
(iv) If you notice any unauthorised use of your account, let us know right away.
(v) Remember, you are responsible for everything that happens on your account, so be careful and use it responsibly.
(vi) Each person who wants to use the Services must have their own username and password.
(vii) If we ask for any other information, please provide it as requested.
1.4 It is your responsibility to get and take care of all the things you need to access and use the Services. You are responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Website. You shall be responsible for all charges associated with accessing and maintaining a connection to the Website, including, but not limited to, charges imposed by an internet service provider or your local telephone company.
1.5 We might cancel your account without telling you beforehand or making you responsible for anything if we determine, on our own and without anyone else’s input, that you:
(i) Broke the rules of this Agreement
(ii) Don’t align with our model
(iii) Are sharing usernames or passwords
(iv) Go against our core values
(v) Are misusing our services or team in any way, e.g. doing illegal things with our services.
1.6 “Licensed Content” refers to the content we own or have permission to use, such as artwork, photos, audio, fonts, videos, designs, and written materials. While you own your creative design project completely, the Licenced Content included in your project is subject to the licence described in Section 3 below. This means that you don’t have any additional rights other than what is specifically stated here. You give us permission to use any feedback, suggestions, or recommendations you provide to us forever and in any part of the world, so that we can use them commercially in any way we choose.
1.7 Use of Services & Limitations
Grant of Licence: Subject to your compliance with the terms of this Agreement, including timely payment of any fees, we grant you a limited, non-transferable, and revocable licence to access and use our Services exclusively for your business operations.
Restrictions: This licence is subject to the following restrictions. Any breach of these restrictions will result in immediate revocation of the licence and may subject you to legal action:
(i) Reverse Engineering: You are prohibited from attempting to decipher, decompile, disassemble or reverse engineer any part of the Services or underlying technology, except to the extent that applicable laws specifically prohibit such restrictions.
(ii) Modifications: You may not alter, modify, create derivative works of, or otherwise change the Services.
(iii) Non-Business Use: The Services must be used strictly for your business needs. Any other use is expressly prohibited.
(iv) Compliance with Laws & Agreement: The use of our Services must always be in line with all applicable laws and the stipulations set forth in this Agreement.
1.8 We will perform the Services and produce any Deliverables in return for payment of the Fees.
1.9 We shall not be obliged to provide any Services or produce any Deliverables which are not contained within this Agreement.
1.10 We will use our best efforts to ensure that the Services and/or Deliverables are provided in accordance with agreed upon timeframes.
1.11 We will be available to provide the Services from Monday to Friday between the hours of 9:00am to 5:00pm Australian Eastern Standard Time, excluding all public holidays.
1.12 Depending on the nature of the Services, and your needs, the Services will be provided online, or in person, as agreed in writing by the parties.
1.13 We are only required to begin performing the Services and producing the Deliverables once we have received the Fees for the applicable month in accordance with clause 5 and any initial set up fee (if applicable).
2. Subscription Terms
2.1 Subscription Period: Your subscription for our services begins on the date we receive your payment and continues for a period of 30 days (the “Active Period”). The subscription will automatically renew for another 30 days unless either party opts to terminate it under the terms provided below.
2.2 Ending Your Subscription: Both Mechanic Marketing and the client may terminate this agreement with a 30-day written notice. Due to the nature of billing cycles, termination during this notice period may overlap with a subsequent billing cycle, requiring the client to cover the full payment for that cycle. This ensures that services are rendered and resources are adequately allocated during the notice period. No refunds will be issued for any overlapping billing periods unless otherwise explicitly agreed upon in writing. If either party terminates the agreement, the same refund policy will apply. For non-breach terminations by Mechanic Marketing, a pro-rated refund may be provided at our discretion.
The Client is responsible for retrieving any data, information, or materials stored in systems provided by the Service Provider, including but not limited to ClickUp, Slack, and WhatConverts, before the termination date. The Service Provider will archive and deactivate all such accounts and channels upon termination, and shall not be liable for any loss, deletion, or unavailability of data thereafter.
The Service Provider will return any confidential information belonging to the Client upon written request, provided such request is made within the termination notice period. If no request is made within this period, the Service Provider shall have no further obligation to retain or return any confidential information.
2.3 Renewing Your Subscription: Your subscription automatically renews for another 30-day term at the end of each billing cycle. If you do not wish to renew your subscription, you must provide us with a written cancellation notice at least 30 days prior to the end of your current billing cycle. As noted in section 2.2, this will effectively result in one final billing cycle to complete the notice period.
3. Use of the Services
3.1 You can use our Services for different projects and sizes that you have signed up for in your plan. However, the amount of work we can handle depends on various factors like the total number of requests and their complexity. We accept unlimited requests and revisions, but we may not always be able to complete them quickly if there is a high volume of work. We will try our best to accommodate any important tasks and deadlines you have, but we cannot guarantee that we will meet deadlines imposed by us or you.
3.2 If you’re using our conversion tracking services, we base our fees on the actual costs from our service providers, which can change. We charge these fees to keep everything running smoothly and to make sure we’re not overusing resources, all while keeping our rates competitive.
For the latest pricing details, have a look at our service provider’s pricing page here: WhatConverts Pricing. This will give you a good idea of what you might need to pay based on how much you use the service.
Just a heads-up, if your usage goes over the set thresholds by our service provider, there might be additional fees. We do this to ensure fair usage for everyone.
3.3 We always try our hardest to avoid making mistakes. However, because creative design and marketing can be complex and subjective in nature, we cannot promise that the services delivered to you will be completely free of errors. When we send you something as part of our service, it’s important for you to carefully check and review all the files for any mistakes or things that are missing. If you find any errors, it’s crucial to let us know and ask for changes or corrections. If you inform us about errors after you have cancelled or paused your subscription, we are not obligated or required to make the corrections until you reactivate your subscription and make a payment.
3.4 When you use our Services, you give us information, data, or materials that belong to you. We call this “Customer Content.” By giving us your Customer Content, you are saying that you own it or have permission to share it with us. This means you are giving us a worldwide, royalty-free, non-exclusive licence to access and use your Customer Content so we can provide you with the Services.
3.5 For clients subscribed to the ‘Unlimited Plan,’ you will own all assets specifically created for your company by Mechanic Marketing during the contract period, contingent upon the fulfillment of all contractual obligations, including the full payment of dues. For clients on any other plan, Mechanic Marketing retains ownership of the assets created, including copyright rights unless specifically agreed upon otherwise in writing. If a client transitions from one subscription plan to another, ownership of assets will be determined based on the terms applicable to the plan under which the assets were created.
This arrangement allows us to reuse or modify these assets for other clients or purposes, in compliance with Singaporean law and industry ethics.
3.6 When we provide the Services, we may use some materials that already exist. These materials belong to us and our licensors, and we will continue to be the only owners of those materials. This includes software, subscriptions, templates, and tangible assets that we deem to belong to Mechanic Marketing. However, we give you permission to use, display, and share those materials as long as they are part of or needed for using the Services or deliverables. This permission lasts forever with the exception of platform or software usage, which is only available to you when you have an active plan with us (defined in section 2.1), but it has some limits: you can’t give it to someone else or let them use it, and it applies all around the world. We still reserve all other rights to those materials.
3.7 Mechanic Marketing strongly opposes and will not allow its Service to be used for treating others unfairly, particularly because of their race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. It is not allowed to use the Service in a way that encourages or supports such unfair treatment, and you must not use the Service to provoke or encourage hostility or violence. If we determine on our own that you are using the Service to discriminate against others, especially based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily stop your access to the Service, without giving you prior notice or being responsible for any consequences.
4. Payment and Fees
4.1 Subscription and Initial Payment
To access our Services, you’ll need to purchase a subscription. Full payment of the stipulated fees and any applicable taxes is required before we commence any services. The total cost and billing frequency will be specified at the point of subscription.
4.2 Payment Method and Liabilities
By registering, you authorise us to charge the stipulated fees and taxes to your chosen payment method, starting from your registration date. All transactions will be processed via Stripe. All other financial obligations, including any additional taxes, duties, or government-related charges, are your responsibility.
4.3 Late Payments
Invoices should be settled promptly upon receipt. Absence of an invoice does not exempt you from payment. Delayed payments will accrue interest at 1.5% monthly on the outstanding amount or the maximum permitted by law, whichever is less. Persistent non-payment gives us the right to suspend or terminate your account.
4.4 Non-refundable Payments
Payments made under this agreement are non-refundable.
4.5 Fee Adjustments and Grandfathering Policy
Our fee structure is dynamic and subject to change based on market conditions. We occasionally adjust our pricing to reflect these changes.
Grandfathering: When fees are adjusted, existing clients are often ‘grandfathered’ into their current plans at the original rates. This means if you continue with your initial service agreement, you will not be affected by any pricing updates.
Plan Changes: If you choose to alter your service plan or contract terms, please note that grandfathered rates may no longer apply. Changing plans could result in the application of new pricing, which may be higher than your grandfathered rate. We encourage clients to review the current pricing structure before making changes to their plans, as we do not automatically notify clients of price adjustments unless they directly affect the terms of your current agreement.
Note: We may also offer temporary promotions or fee reductions, which should not be considered permanent changes to our standard fees. These promotions are not applicable retroactively to previously agreed-upon contracts unless explicitly stated.
4.6 Cancellation & Service Access
Cancellation Notice: You may cancel your subscription by providing a minimum of 30 days’ written notice to our team via email, as specified in section 2. Cancellation requests must be submitted during business hours (9 AM – 5 PM, Monday through Friday, excluding public holidays). Requests received outside of these hours will be considered as received on the next business day. This notice period allows us to adequately reallocate resources and manage staffing.
Billing During Notice Period: If the notice period extends into your next billing cycle, you are responsible for all charges incurred during this cycle. Your subscription will continue, and you will retain access to our services and your project board until the end of the notice period.
Post-Cancellation Access: Upon completion of the notice period and the final billing cycle, your access to our services and your project board will be terminated. Mechanic Marketing is not obligated to retain, back up, or store any files or data post-cancellation.
4.7 Billing Cycle Continuity
If you fail to make a payment on time, we will pause all services and stop working on your project until the payment is received. Here’s what this means:
Immediate Pause: Upon missing a payment, all services will be immediately suspended. We will not resume work until your payment is successfully processed.
Payment Covers Subscription Period: Any payment made after the due date will still cover the entire billing period, including the days when the service was suspended. However, please note that making a late payment does not require us to catch up on or provide the services that were missed during the suspension.
No Change in Billing Dates: Your billing cycle dates will remain unchanged. Late payments do not affect the original schedule of your billing cycle, meaning you are still responsible for the next payment on the originally scheduled due date.
5. Recovery Costs
5.1 Debt Recovery
Should any outstanding amounts be owed to Mechanic Marketing Pty Ltd under the terms of this Agreement, the debtor agrees to bear all costs associated with the recovery of these funds.
You acknowledge and accept liability for all costs Mechanic Marketing Pty Ltd may incur during the recovery process as per section 22. These costs encompass, but are not limited to, fees associated with recovery agents, repossession activities, location searches, process serving, debt collection commissions, and legal representation. All legal fees will be calculated on an indemnity basis.
6. Service Interruptions
6.1 Mechanic Marketing Pty Ltd will not be held responsible for any delays or disruptions in service delivery due to unforeseen obstacles as per section 21. Such obstacles can arise from various scenarios, including:
(i) Inability to access crucial tools or systems because you haven’t provided the required permissions or access credentials, directly impeding the delivery of our service.
(ii) Delayed responses from your end, defined specifically as a delay of more than one business day. It’s important to note that any costs or delays resulting from such obstacles will still be charged at the agreed-upon service rate.
(iii) External events beyond our control, such as natural disasters or third-party service interruptions, that halt or hinder our ability to continue a session.
We strongly advise that, to ensure seamless service delivery, you provide all necessary information and tools upfront.
7. Testimonials and Guarantees
7.1 Performance Guarantee for Mechanic Marketing
7.1.1 Definition of Performance Guarantee:
Mechanic Marketing offers a 100% satisfaction guarantee exclusively to new clients who prepay for a 90-day service period in full at the start of the contract. If Mechanic Marketing fails to increase the number of new workshop jobs (e.g., new customers bringing vehicles into your workshop) within this initial 90-day period, we will continue working at no additional cost for up to one (1) additional month. This guarantee is designed to provide measurable outcomes while maintaining control over the methodology and metrics.
7.1.2 Determination of Metrics:
Mechanic Marketing exclusively determines the specific metrics used to evaluate performance under this guarantee. These metrics will be selected based on the services provided, the data available, and industry standards. Metrics may include, but are not limited to:
• Increased Workshop Bookings: A demonstrable increase in the number of new customer visits to the workshop.
• Customer Engagement: Improved interaction rates that result in workshop bookings.
• Conversion Metrics: Higher conversion rates from inquiries to confirmed bookings.
The determination of these metrics will not require client agreement, and Mechanic Marketing retains full discretion in their application, tracking, and assessment.
7.1.3 Prepayment and Eligibility Requirements:
This guarantee applies only to clients who prepay the full amount for the 90-day service period before the service begins. Clients opting for month-to-month payment plans or failing to prepay in full are not eligible for this guarantee.
7.1.4 Exclusions for Renewals:
The guarantee is only valid for the initial 90-day service period for new clients. It does not apply to renewal periods or extended contracts, as performance during these periods is measured against Mechanic Marketing’s prior results.
7.1.5 Timeframe and Measurement:
Performance will be assessed over the course of the 90-day period, with monthly tracking to ensure transparency. Mechanic Marketing retains sole discretion to measure and evaluate performance based on the chosen metrics and available data.
7.1.6 Conditions and Exclusions:
The performance guarantee does not apply under the following conditions:
1. Client Cooperation: If the client fails to provide necessary access, information, or cooperation that directly impacts service delivery.
2. Client Interference: If the client makes unapproved changes to campaigns, systems, or strategies that disrupt performance.
3. External Factors: If external factors beyond Mechanic Marketing’s control, such as industry changes or platform updates, adversely affect outcomes.
4. Renewal Periods: If the client renews the contract beyond the initial 90-day period.
7.1.7 Guarantee Limitation:
If Mechanic Marketing does not meet the performance metrics within the initial 90-day period, the remedy is limited to one (1) additional month of free service. No refunds, further extensions, or additional guarantees are offered.
7.2 Testimonials and Representations
Any testimonials, endorsements, or opinions on our website or marketing materials represent individual experiences and are not evaluated for accuracy. Results vary by client and circumstances and are not guaranteed.
8. Intellectual Property Rights
8.1 All deliverables shall remain the intellectual property of Mechanic Marketing until full payment is received unless otherwise stipulated by section 3.5 and 3.6. The use of third-party materials and necessary licences for certain fonts or software shall be procured by the client, unless otherwise agreed.
9. Use of Third-Party Fonts
9.1 Should a project involve fonts that aren’t owned by Mechanic Marketing, we will clearly notify you. This notification will include details about the fonts and where to purchase the necessary licences. Upon receipt of this information:
- It becomes your responsibility to purchase these licences.
- Failure to obtain the required licences makes you liable for any consequences, including potential charges. We may automatically charge your saved payment method or invoice you for incurred costs.
10. External Links on Our Website
10.1 Our website may feature links to third-party websites or services. It’s possible that you could engage with services from other parties, such as mobile software providers or carriers, through our platform.
We don’t oversee, nor are we responsible for, the content, policies, or practices of these third-party entities.Any losses or damages arising from your interactions with these third-party sites or services are not our liability.
It’s highly recommended to review the terms of service and privacy policies of any third-party websites or services you engage with.
11. Client Information Disclosure
11.1 We may share limited client information, including names, email addresses, and postal details, with our affiliates, partners, and third-party vendors for promotional purposes. This allows us to offer you tailored promotions and updates. We ensure that all shared information is handled in compliance with applicable data protection laws and our internal privacy standards.
In addition, we might disclose aggregate user data where individual identities remain confidential, to improve our services and offer new ones. You may receive periodic emails from us about updates or additions to our services.
For detailed information on our data practices and how we protect your personal information, please consult our Privacy Policy.
12. Adherence to Data Protection Regulations
12.1 Both Mechanic Marketing and clients are expected to comply with all relevant data protection laws, including GDPR and PDPA. For a detailed understanding of our data handling and protection practices, refer to our Privacy Policy.
13. Feedback from Clients
13.1 Client Feedback Ownership
Any feedback you provide to us, whether it’s questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. This means that we can use, share, or disclose your feedback as we see fit, without needing to get your permission, give you any credit, or make any payment to you.
13.2 Representations on Feedback
You confirm that you have the right to provide such feedback to us and that it doesn’t violate any third-party rights. You also agree not to bring any claims against Mechanic Marketing for its use of the feedback as outlined above.
14. Use of Client Information and Publicity Rights
14.1 Data Usage Rights
You grant Mechanic Marketing the right to use and disclose any data (including sales metrics, ROI improvements, etc.) resulting from our services. This use will always comply with data protection and privacy regulations.
14.2 Publicity Rights
Mechanic Marketing can use the client’s name, logo, and branding to:
(i) Announce or promote the business relationship;
(ii) Market and advertise Mechanic Marketing’s services;
(iii) Create and distribute case studies or testimonials related to the services provided;
(iv) Display such information in marketing materials, on the website, and on social media platforms.
14.3 Client Identity Disclosure
Unless you specifically request otherwise in writing, Mechanic Marketing may disclose your identity in any of the aforementioned materials. If you do request anonymity, we’ll ensure your identity remains confidential.
14.4 Compliance with Data Protection
All handling, usage, and disclosure of client data by Mechanic Marketing will be in strict accordance with relevant data protection and privacy laws.
15. Handling of Online Requests
15.1Mechanic Marketing may occasionally send information or materials to interested third parties. However, we reserve the right to refuse any requests for such information or to stop sending materials to any recipient, at our discretion.
16. Copyright and Website Content Use
16.1 Ownership of Content
All content on this website, which includes but isn’t limited to articles, images, logos, and trademarks (collectively referred to as “Content”), belongs to Mechanic Marketing Pty Ltd. It’s protected under Singapore Intellectual Property, Copyright laws, and other relevant international conventions.
16.2 Third-party Trademarks
Some logos and trademarks on this website are owned by third parties. Unless explicitly mentioned in these terms, you shouldn’t assume you have the right to use any content from this website. We do, however, allow and appreciate linking to our content.
16.3 Restrictions on Linking and Content Use
While we permit links to our website, the following is strictly prohibited:
(i) Implying that Mechanic Marketing endorses any third-party ideas, websites, products, or services.
(ii) Using our Content without our written consent.
(iii) Commercialising any of our Content.
If you breach any of these, we reserve the right to revoke linking permission. You can view our content and even print a single copy, but it should be for personal, non-commercial use, retaining all original copyright and trademark notices. No modification to the content is allowed.
17. Prohibited Conduct on the Website
17.1 Usage Boundaries
You must use this website lawfully. You are prohibited from uploading, distributing, or publishing any content that:
- Is defamatory, obscene, or abusive.
- Contains harmful software elements like viruses.
- Infringes upon others’ rights, including intellectual property.
- Is false or misleading.
Commercial solicitation, advertising, or using the website in competition against us is strictly prohibited.
18. Force Majeure
18.1 If we are unable to provide services under this agreement because of things that are outside our control, including but not limited to a pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labour disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we hold not liability for failure to perform. We will resume providing services when these circumstances constituting the Force Majeure Event have been resolved.
18.2 There is no obligation for either party to notify the other upon the occurrence or resolution of a Force Majeure Event. However, both parties are encouraged to communicate effectively to manage expectations and plan the continuation of services where possible.
19. Liability Waiver
19.1 We are not accountable for any indirect losses you may suffer, including lost profits or data, due to our services. If any claim arises related to our agreement, irrespective of its basis, our maximum liability is fifty (50) Singapore Dollars.
20. Indemnification
20.1 By using our services, you agree to protect and not hold Mechanic Marketing responsible for any issues that arise from your use or content (with the exception of the clause in 22.2). If legal claims or expenses occur due to your actions, you assume all associated costs. Should we require your cooperation in legal defence, you must provide it. We maintain the right to handle any legal claim’s defence, and any settlements must receive our written consent before finalisation.
20.2 Mechanic Marketing will rectify any clear and direct issues caused by our team, provided the errors are within our control and technical ability to fix. If issues arise due to factors outside our control—such as third-party hosting failures or unexpected technical conflicts — we are not liable for the correction. Post-contract termination, Mechanic Marketing will extend goodwill support to rectify any such issues within 30 days after the termination date, provided they are reported within the notice period.
21. Service Disclaimer
21.1 You use our services entirely at your discretion. They are provided “AS IS” without any guarantees. While we strive to provide excellent service, we can’t assure:
(i) Constant, uninterrupted access to our service.
(ii) Immediate rectification of any service errors.
(iii) Absolute protection from malware or malicious components.
(iv) That our service will fulfil all your unique needs.
22. Limitation on Advisory Role
22.1 The guidance provided through our website or services is general in nature and doesn’t substitute for specialised advice. It doesn’t account for your specific situation and doesn’t verify the accuracy of your provided information. You should tailor our guidance to your unique circumstances. We neither guarantee specific outcomes nor provide specific legal, financial, or other professional counsel. Using our guidance is at your own risk. Refer to our Privacy Policy and Earnings Disclaimer for more details.
23. Prohibition on Interference
23.1 Users are strictly prohibited from attempting to reverse engineer, bypass security, or tamper with any part of our website.
24. Governing Law
24.1 This agreement operates under Singapore’s laws. Failure to enforce any clause doesn’t waive our right to do so in the future. If a clause is deemed invalid by a court, all other clauses remain effective. This agreement is the comprehensive accord between the parties about our services and overrides all previous agreements.
25. Conflict Resolution
25.1 Should any disputes arise from this agreement, parties commit to mediation in Singapore with a mutually agreed-upon mediator. If unresolved,
25.2 The conflict will be arbitrated under the Singapore International Arbitration Centre (SIAC) Rules. An arbitrator will be mutually chosen, or, in disagreement, selected by the President of SIAC within 14 days.
26. Changes to Terms and Conditions
26.1 We may update or modify the website, including carrying out automatic or manual updates, at any time and without prior notice.
We also reserve the right to modify or replace these Terms at any time, at our sole discretion. While it is not obligatory, we may attempt to provide notice of material changes before they take effect, but this cannot be guaranteed. The determination of what constitutes a material change will also be made at our sole discretion.
By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you should cease using the Service immediately.
We recommend that you review this agreement periodically to keep informed about any changes.
27. Severability
27.1 If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
28. Liability and Exclusions
28.1 Our liability for the loss or damage to your tangible property, arising out of or in connection with our provision of the Services or Deliverables, shall be limited in accordance with clause 8.2 of this Agreement.
28.2 Our total liability for direct losses or damage in contract, tort, misrepresentation or otherwise arising out of or in connection with this Agreement, or the performance of our obligations under this Agreement or the provision of the Services and Deliverables shall be limited to the total Fees paid (excluding GST and expenses) by you to us for the Services or Deliverables (as applicable) in the twelve (3) months immediately prior to the event(s) complained of.
28.3 Neither party will be liable to the other party for any indirect or consequential loss, including but not limited to loss of profits or business opportunity, whether arising under breach of contract, tort or any other legal principal and regardless of whether a party has been advised of, knew of, or should have known of the possibility of such loss.
29. Contact us
29.1 If you have any questions about these Terms, don’t hesitate to get in touch with us via our website or at [email protected].