Term of Use
These terms govern your use of the following services (collectively, the “Services”) offered or managed by Sygnal E-Commerce Limited (collectively referred to as “Sygnal” and “we”, “us” or “our”).
Welcome to the Sygnal website https://www.thesygnal.com(“Site”) (collectively, the “Platform”). Sygnal is an online digital goods and services platform that facilitates, among others, sale and purchase of games, related merchandise and such other items including but not limited to game cards, gift cards, and game top up between game publishers or merchants and buyers or customers.
When you access the platform's services, you recognize and agree that your utilization of the Platform (or any of its components) will be regulated by these Terms of Use and any other particular regulations, procedures, terms, and conditions outlined on the respective item's pages. Sygnal reserves the right to modify these terms at its absolute discretion, either at any time or periodically. In case of any discrepancies, the terms and conditions provided on the respective item's pages will take precedence. Your acceptance of these terms of use establishes a legally binding agreement between you as the user and Sygnal.
We reserve the right to amend, alter, or update these Terms of Use periodically. Any future changes to these Terms of Use will be publicly posted on the Platform and, when applicable, communicated to you via email. Your continued access to the Platform and/or use of any of the Services following such updates will signify your recognition, acceptance, and agreement to the revised Terms of Use. We encourage you to check back regularly to stay informed about any updates or alterations to these Terms of Use.
Definitions
- Account: means your account duly registered with Sygnal to facilitate you using the Services available on the Platform (or any of them);
- Buyer: means a person who purchases items on the Platform;
- Content: means all information, linked pages features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, tools, application services (including, without limitation, any mobile application services) or other materials made available on or through the Platform or its related services;
- Intellectual Property: means all copyrights, trademarks, service marks, brand names, logos, copyrighted information and other intellectual properties belong to the corresponding owners/ publishers/ developers and/or Sygnal, respectively;
- Item(s): means any goods, product or service made available for sale on the Platform;
- Legal Age: means the legal age capable of giving consent hereunder pursuant to the applicable laws in your jurisdiction.
- Parties: means collectively, Sygnal and you and “Party” shall mean any one of them;
- Platform: means collectively, the web Platform presently known as thesygnal.com, such other web and/or mobile Platform administered and managed by Sygnal;
- Sygnal Credits: means the electronic credits value that may be purchased by the Buyer from Sygnal for purchase of goods and services on the Platform;
- Service(s): means (a) the Platform; (b) the services provided on the Platform and client software made available through the Platform, including (but not limited to) selling/ reselling/ retailing/ purchasing games, related merchandise and items, games advertising/ publishing and games’ credit recharge/ top-up/ reload; and (c) the Content.
- Submission: means any material, information or idea you provided to Sygnal by any means;
- Terms of Use: means these Terms of Use governing the use of the Services by you as may be amended at any time and from time to time as and when Sygnal shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, Terms of Use for products, services or facilities, as determined by Sygnal from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Use and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing;
- User ID: means the unique user identification provided to you during registration of an Account.
Licence to Use
In consideration of you agreeing to these Terms of Use and your continuing observance and compliance of these Terms of Use, Sygnal hereby grants you a non-exclusive, non-transferable licence to access the Platform and use the Services upon the terms and subject to the conditions stated herein.
Representations and Warranties
Each time when you access the Platform (or any of them), you irrevocably and unconditionally represent and warrant that you are of Legal Age. Should you be below the Legal Age, you must get permission from a parent or legal guardian to register an Account and that parent or legal guardian must agree and have consented to these Terms of Use on your behalf:
- your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;
- you shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;
You shall not, and agree and undertake to Sygnal not to:
- use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- directly or indirectly, use the Services for any commercial purposes, save as otherwise permitted by Sygnal;
- use the Platform or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties or obtain any advantage, benefit or secret profit from any third party;
- use any Intellectual Property belonging to Sygnal or any other third-party proprietors listed on the Platform, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of Sygnal;
- take any action that may undermine or manipulate the feedback or ratings system;
- be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Platform or the employees of Sygnal;
- attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
- harvest or collect any information about or regarding other Account holders, including, without limitation, any personal or business information;
- upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mails’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other unauthorized form of solicitation;
- upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
- interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
- use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds and anti-corruption;
- use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;
- reproduce, attempt to reproduce or counterfeit Sygnal Credits and/or Items;
- directly or indirectly recruit and/or poach any customers obtained from the usage of the Platform.
Use of Services
- You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Platform and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Platform (or any of them).
- It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that Sygnal may issue from time to time. Sygnal shall not be liable for any errors, losses or damages caused by your use of the Services.
- It is your responsibility to secure the information of your Account. Any notification or confirmation received by Sygnal from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
- Sygnal shall not be liable for acting on the notification or confirmation sent through your Account. Sygnal shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by Sygnal notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify Sygnal upon receipt of incomplete, garbled or inaccurate data or information from Sygnal. You shall also immediately notify Sygnal upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
- We may at any time or from time-to-time sub-contract and/or appoint our subsidiaries, affiliates, related entities and/or any third-party service provider(s) to operate the Platform and/or provide the Services and/or part thereof on our behalf at our absolute discretion. We shall have the rights to delegate, transfer, assign or novate, in whole or in part, our rights, benefit or obligations to our subsidiaries, affiliates, related entities or appointed third party service provider(s) without your consent and without notice to you.
- Unless otherwise permitted by Sygnal in writing, you shall not upload, post, email, transmit or otherwise make available any unauthorized or illegal activities on the Platform or directly to other users of the Platform.
- You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Platform.
- You irrevocably and unconditionally allow and permit Sygnal to send to your Account updates on services and events offered or provided by Sygnal.
- Third party links may be provided throughout the Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. We provide these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.
- You acknowledge that by accessing or using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
Availability of Services
- We may release certain Services or their features in a beta or trial version, which may not work correctly or in the same way the final version may work, and we shall not be liable in such instances.
- Sygnal may from time-time-time require verification of your identity to confirm your ownership of your Account. This verification process is required for purposes including but not limited to: (i) fulfilling Sygnal’s obligations to the relevant authorities to combat against suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism; (ii) enabling Sygnal to take action when unauthorized usage of Sygnal accounts has been detected; and (iii) resolving any disputes relating to the ownership of a Sygnal account.
- You hereby irrevocably authorize Sygnal, whether acting on its own or through its third-party service providers, to make any inquiries and to collect any documentation that it considers necessary to verify your identity. As part of this verification process, Sygnal shall request, and you shall provide to Sygnal, information about yourself that is true, accurate, current and complete, and which can be verified through documentation that is legally recognized and accepted in the location in which such documentation is issued.
- We reserve the right to change, modify, suspend or discontinue all or any part of the Platform and/or Services at any time or upon notice as required by applicable laws. We may also impose limits on certain features or restrict your access to parts of, or the entire Platform and/or Services in our sole discretion and without notice and any liability to you.
- For enhancement and improvement purposes, Sygnal may from time-to-time conduct software evaluation to assess the performance level of the Platform and/or Services. You hereby irrevocably grant to and authorize Sygnal to conduct periodical review on your Account, including but not limited to assessing the activities and/or transactions carried out by you on the Platform or via your Account.
- In addition to and not in derogation of the terms below, if you do not utilise the Services for a continuous period of twelve (12) months, Sygnal may, at its absolute discretion, charge a fee for the maintenance of your Account.
Disclaimers, Exclusions and Force Majeure
- You agree and confirm that you shall not hold Sygnal, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these Terms of Use.
- The Services are usually available on a daily basis unless otherwise specified herein. Whilst we endeavour to ensure that the Platform and/or Services are secured, you acknowledge and agree that the entire risk arising out of the access, use or performance of the Platform and/or the Services shall remain with you to the fullest extent permitted by applicable law.
- The Platform and/or Services are provided ‘as is’ and ‘as available’ basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, custom or trade usage. Without limiting the foregoing and to the fullest extent permitted by applicable law, we do not warrant that the Platform and/or Services or the functions contained therein will be available, accessible, uninterrupted, timely, secured, accurate, complete or error-free, that defects, if any, will be corrected, or that the Platform and/or the Server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, Trojan-Horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
- To the fullest extent permitted by applicable law, in no event shall we be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise for:
- (i) loss of use; (ii) loss of profits; (iii) loss of revenues; (iv) loss of data; (v) loss of goodwill; (vi) failure to realize anticipated savings, in each case whether direct or indirect;
- Any direct or indirect, incidental, special, consequential, exemplary damages, arising out of or in connection with the use of or inability to use the Platform or the Services, including, without limitation, any damages resulting therefrom, even if we have been advised of the possibility of such damages.
- Sygnal shall not be liable for any delay or failure to perform the Services, regardless of the cause of such delay or failure. Such causes may include but not limited to an Act of God, riot, civil commotion, strike (whether or not involving employees of Sygnal), lockout or other labour disturbance, fire, war, acts of foreign enemies, power outage, pandemics, epidemics, network congestion, telecommunications failure, electrical power failures, or any fault, interruption, disruption or malfunction of equipment, tools, utilities, communications, computer (software and hardware) services or networks, government order or change in any law or regulation which renders the performance impractical.
- You acknowledge, accept, and agree that all disclaimers, exclusions and limitations of liability set out in these Terms of Use represent a fair and reasonable allocation of risks and benefits of the agreement between Sygnal and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided to you by Sygnal. You further agree that these disclaimers, exclusions and limitations shall be enforceable to the fullest extent permitted by applicable law.
Intellectual Property Rights
- We grant you a limited and revocable licence to access and use the incidental software provided by us to you via the Platform as part of the Services. Use of such software is subjected to these Terms of Use. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code. You shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyse or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the software or permit or encourage any third party to do so.
- All proprietary Content and Intellectual Property displayed on the Platform are the exclusive property of Sygnal and where applicable, third-party proprietors. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services, you agree to comply with the copyrights, trademarks, applicable intellectual property related legislations and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works of any portion of the Services, the Platform or its Content. You also may not, unless with our prior written consent, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
- Any Submission is not considered confidential by Sygnal and may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing goods. By making a Submission to Sygnal, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, goods and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to develop the goods identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.
Reliability of Platform
- You are aware that all transactions conducted on the Platform are through telecommunication and data networks.
- You are fully aware that your receipt of the notification from Sygnal and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that Sygnal cannot guarantee the prompt delivery of such notification or confirmation.
- You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
Disclosure of Information
- Sygnal shall be entitled and you irrevocably and unconditionally consents and authorises Sygnal to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Platform to such extent that Sygnal may at its absolute discretion deem fit to:
- such persons as Sygnal may be required to disclose under the applicable law;
- such other persons or entity pursuant to any governmental directive or order of the court;
- enforce these Terms of Use;
- respond to your requests for customer service;
- any other party whomsoever as Sygnal deems fit.
- Save as otherwise permitted in these Terms of Use, Sygnal will not disclose your personal information to any other party without prior notification to you.
Suspension, Termination, Cancellation of Services
- The Services (or any part thereof) may be cancelled by Sygnal at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Use as Sygnal may at its absolute discretion determine.
- You may deactivate your Account at any time you notify us of your desire to do so, subject always to a closure fee as chargeable by us on you, if any.
- Sygnal reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that Sygnal may at its absolute discretion determine. Grounds for suspension or termination may include, but not limited to:
- the Account has been inactive for a consecutive period of 36 months or any other period as determined by Sygnal;
- having multiple user accounts or allowing unauthorized persons to access and use the Account;
- in our opinion, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Platform and/or Services;
- you are in breach or we have reasonable grounds to believe that you have breached any of these Terms of Use and/or any applicable terms and conditions as may be provided by Sygnal from time-to-time, or have engaged in any conduct prejudicial to Sygnal or in our opinion, your acts are prejudicial to Sygnal’s interest;
- you are in breach of any acts, statute, laws, by-laws, rules, regulations, guidelines and/or policies by any authority, regulatory body or government agency;
- you have acted in bad faith or with malicious intent, or that we have reasonable grounds to believe that your behaviour is harmful, of defamatory nature or abusive to other user, third parties and/or Sygnal;
- your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA) and/or related to bribery and corruption under the Malaysian Anti-Corruption Commission Act 2009 (MACCA) and/or such other local, foreign or international laws and regulations of similar nature;
- if we are required to do so pursuant to an order of a court or by any governmental or regulatory authority having the relevant jurisdiction;
- you have submitted false documents or have declared false information during your registration with or application to Sygnal; and/or
- you fail to provide any additional information which we may request from you from time-to-time for verification purposes.
- Use of the Platform, Services and/or Account for suspicious, fraudulent, illegal, harassing, defamatory, threatening or abusive purposes may be referred by us to the relevant law enforcement authorities without notice to you.
- Upon cancellation or termination of the Services (or any part thereof):
- where feasible, the unused Sygnal Credits will be refunded to you. In the event refund is not feasible as determined by Sygnal, you shall be entitled to utilize the Sygnal Credits for a specific time of period as advised by Sygnal, subject to the Terms of Use here and any such terms and conditions as Sygnal may determine;
- you shall immediately pay to Sygnal all outstanding fees and charges due and owing to Sygnal, failing which Sygnal shall have full discretion to commence civil actions against you, including without limitation, a claim for damages, specific performance and/or interim or injunctive relief;
- Sygnal may at its absolute discretion, decide not to act on any request received by Sygnal after the effective date of termination;
- Sygnal may at its absolute discretion, decide not to act on any confirmation or request received by Sygnal between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates);
- you hereby irrevocably and unconditionally authorise Sygnal to deduct all money due and owing by you to Sygnal (if any) from the moneys that are payable by Sygnal to you.
- Further to the above, in the event that your access and/or utilization of the Platform and/or Services is suspended, ceased or terminated by us due to suspicious, fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013, AMLATFPUAA and/or MACCA or any rules, regulations, policies and/or guidelines made thereunder), you will not be able to continue to utilize your Sygnal Credits and shall not be entitled to obtain any money or refund whatsoever. It shall be lawful for Sygnal to retain for an indefinite period, or deal at its own discretion with, or release to the relevant authorities, any money or refund (including your Sygnal Credits) in accordance with applicable legislations, rules, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.
- Any provision of these Terms of Use which expressly or by implication is intended to continue to remain effective and binding on you after the deactivation of Account and/or the termination of Services, shall survive such termination.
Refund and Return Policy
- No returns; limitation on refunds.
- When we provide you with certain digital content, the purchase is instantaneous and immediately consumable due to the nature of such content, such that a deduction is immediately made through your chosen Payment Channel, and the content or Publisher Code is instantly credited to you through the Publishers’ respective platforms or delivered to you within a short period of time after the successful completion of your purchase. Hence, once you have made your purchase and consumed or used the digital content or Publisher Code, it cannot be withdrawn or cancelled solely at will.
- The Buyer is required to submit a written request to Sygnal on any refund request within seven (7) days from the date of receipt of purchased Item by the Buyer, while submitting sufficient supporting evidence and subject to our review.
Delivery Process
- Digital content immediately delivered and/or consumed. Unless otherwise stated, when we provide you with certain digital content, the transaction is instantaneous due to the nature of such content, such that a deduction is immediately made through your chosen Payment Channel, and the content or Publisher Code is instantly credited to you through the Publishers’ respective platforms or delivered to you within a short period of time after the successful completion of your purchase.
- Right of refund/withdrawal/cancellation not applicable. Unless otherwise stated, when we provide you with certain digital content, the transaction is instantaneous due to the nature of such content, such that a deduction is immediately made after your payment, and the content or digital code is instantly credited to you through the Publishers’ respective platforms or delivered to you within a short period of time after the successful completion of your purchase.
Dispute Procedure
Any dispute regarding the amount in your account shall be raised by you in writing to us within thirty (30) days from each relevant date of successful transaction. Sygnal may (but is not obliged to) investigate to verify the validity of the Buyer’s dispute, and any decision made by Sygnal (at its sole discretion) in respect of such dispute shall be deemed to be final and conclusive.
Dispute Resolution Process for Gaming Top-Ups
- Introduction:
- The dispute resolution process outlined below aims to provide a fair and efficient resolution for users encountering issues with digital content purchases on Sygnal. Our goal is to address concerns promptly and ensure a positive gaming experience for all users.
- Contact Information:
- For assistance, please contact our Customer Support team at: [email protected]
- Eligibility:
- Users are eligible to file a dispute within 30 days of the top-up transaction.
- Steps to Resolve Disputes:
- Step 1: Contact Customer Support
- Users should first reach out to our Customer Support team with detailed information about the issue, including the transaction ID, date, and a description of the problem.
- Step 2: Investigation
- Our team will conduct a thorough investigation into the reported issue. Users can expect a response within ten[10] business days.
- Step 3: Resolution Proposal
- Users will receive a resolution proposal based on the findings of the investigation. The proposal will outline the steps to address and resolve the issue.
- Step 4: Appeal Process
- If users are dissatisfied with the proposed resolution, they may file an appeal by providing additional relevant information within five[5] business days.
- Escalation Options:
- If the dispute remains unresolved, users may escalate the issue by contacting at [email protected]. Further escalation options may be explored, including external mediation if necessary.
- Documentation:
- Users are advised to keep records of all communication, transaction details, and any supporting evidence related to the dispute. Accurate and complete information will expedite the resolution process.
- Final Resolution:
- Once a resolution is agreed upon, the case will be considered closed. Users will be notified of the final resolution, and any applicable adjustments will be implemented.
- Review and Update:
- We will periodically review and update this dispute resolution process to enhance its effectiveness. Your feedback is valuable in improving our procedures.
Notices
- All notices, demands, requests or other communications to be given or made under these Terms of Use shall be in writing, and shall be sufficiently given or made to the other party by serving such notice at or sending such notice by hand, registered post or electronic mail to the contact details as notified by one party to the other from time-to-time or via the communication channel made available on the Platform.
- Notice shall be deemed given:
- in the case of hand delivery, upon the receipt of written acknowledgment signed by the recipient;
- in the case of registered post, five (5) business days after posting;
- in the case of email or the communication channel available on the Platform, on the day of transmission provided that the sender has not received a failed or undeliverable message from the host provider of the recipient within the day of transmission.
- Notwithstanding the above and in addition to the above methods of delivery, any notice or document or communication given by Sygnal to you shall be deemed to be served in the following manner:
- posting the notice or communication in the Platform;
- notices placed through any media;
- any manner of notification as Sygnal may at its absolute discretion determine.
Waiver And Severance
- Any failure by Sygnal to enforce at any time or for any period any one or more of these Terms of Use shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Use.
- In the event that any provision of these Terms of Use is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, Sygnal shall amend that provision in such reasonable manner as would achieve the intention of Sygnal or at the discretion of Sygnal it may be severed from these Terms of Use and the remaining provisions remain in full force and effect.
Variation
- Sygnal reserves the right to amend, add, remove, or modify these Terms of Use, which may be accomplished through posting on the Platform or any other method chosen at Sygnal's absolute discretion.
- Your continued use of the Services signifies your agreement to these Terms of Use, including any modifications or variations made over time.
Assignment
You may not assign its rights under these Terms of Use without the prior written consent of Sygnal.