Welcome to messej App. This terms of service has been created to Comply with the EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (GDPR) AND the CALIFORNIA CONSUMER PRIVACY ACT CCPA, And the New Law on Data Protection That Will Be Enforced Henceforth,
When you use the messej App, you agree to the Terms and they affect your rights and obligations. If you do not accept any or one of the terms and policy herein please kindly uninstall if you already downloaded, as well as your ability to delete your account using the App Settings.
messej reserves the right at any time and in our sole discretion to change or modify these Terms, or any policy or guideline of the App and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice through the Services or updating the “Last Updated” date at the top of these Terms on our App or site.
So we implore you to frequently review the Terms and applicable policies guiding your use of the App and service. If you do not agree to the amended terms, you must stop using the Services immediately.
messej is a Freemium Application available in ios,Android and Web. Users can download and use most of the features for free, and can enjoy premium features with an annual subscription model.
messej Application is introduced to users worldwide, subject to users’ compliance with their local countries’ regulations and with messej policies.
We are obligated to make our users irrespective of your country happy and satisfied with our messej App’s free and premium features, by using our App and services, you agree to waive messej from any responsibility for noncompliance of a user with any local country laws.
Using messej App requires mobile internet connection, and thus may use some of the data allowance available on the data package to which you have subscribed with your mobile network operator as the case may be. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
UPDATES TO TERMS
We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to our updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.
PRIVACY AND DATA PROTECTION
These terms and conditions apply to every user or customer that place an order for a premium messej service. Prior to the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user.
MOBILE SERVICES AND APPLICATIONS
Subject to your compliance with these Terms of Service, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to download and install a copy of the messej application which allows you to access and use the messej Service on mobile that you own or control. You may use those copies of the Mobile App solely for your own personal, non-commercial use. We reserve all rights in the desktop and Mobile App not expressly granted to you by these Terms of Service.
messej may collect VAT or other indirect taxes at the applicable rate for the particular country, as per applicable tax rules, at the time of purchase of messej Premium Plan or at the time you use messej Coins.
Certain features of the Service, such as upgrading to a premium account, may require you to pay a fee in order to use them. If you choose to purchase these features, you expressly authorize us or our payment processor to charge the payment method you provide for the applicable fee. Except as expressly set forth below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in US Dollars $.
AUTO RECURRING CHARGE
For Premium Subscribers, the recurring charge feature will be automatically enabled when you buy messej Premium Plan, unless you uncheck the appropriate checkbox in the App Settings at the time of purchase or any time before the date of following charging. Your messej Premium Subscription fees will be recharged with the same amount and by the same payment method you initially designated when you created your account.
OUR REFUNDS POLICY
Except as provided by law, all in App purchases are final and non-refundable. If you believe that messej has charged you in error, you must contact messej within 14 days of such charge.
Users are not entitled to claim any refund, except where believed and confirmed that messej has charged the user in error. As messej uses in-App Purchase, all purchases and payments are subject to the terms of payment providers (including with respect to payment terms, refunds, etc.).
messej reserves the right to refuse a refund request if it reasonably believes or suspects
ELIGIBILITY AND LEGAL CAPACITY
You must be at least 13 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
YOUR USE OF OUR MATERIAL
Your right to make use of the messej Service and Material or other content appearing on our App or site is subject to your compliance with these Terms. You may not modify, or use the Material or any other content related to our Services for any purpose not permitted by these Terms. Such prohibited use violates these Terms and may be a violation of the Copyrights and/or Trademarks protected by us.
You may access and display Material and all other content displayed on our app for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by messej. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the Material and/or the Services.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
MESSAGING SERVICES; PREMIUM SERVICES
As part of our Service, we offer you to message your friends who use messej, through our Service, free of charge (messaging using your data plan unless connected to Wifi). messej also offers you the opportunity to become a premium “messej” user, which allows you to enjoy additional features on the go.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the messej logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “messej Materials”) are the proprietary property of messej or our licensors or users and are protected by Singapore and international copyright laws.You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and messej Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the messej Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any messej Materials; (d) modifying or otherwise making any derivative uses of the Services and the messej Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the messej Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the messej Materials other than for their intended purposes. Any use of the Services or the messej Materials other than as specifically authorized herein, without the prior written permission of messej, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, messej has adopted a policy of terminating, in appropriate circumstances and in messej’s sole discretion, subscribers who are deemed to be repeat infringers. messej may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent:
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“messej,” the messej logos, the slogan and any other messej’ product or service name or slogan contained on the Services are trademarks of messej, and may not be copied, imitated or used, in whole or in part, without the prior written permission of messej or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “messej'' or any other name, trademark or product or service name of messej without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of messej and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray messej or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a messej logo or other proprietary graphic of messej to link to the Services without the express written permission of messej. Further, you may not use, frame or utilize framing techniques to enclose any messej trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without messej’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of messej or any third party.
messej makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party blog sites accessible via hyperlink or blog sites linking to the Services. Such sites are not under the control of messej and messej is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. messej and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by messej of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
messej reserves the right, without any obligation, to remove or refuse to deliver any User Content on messej App, to suspend or terminate users, and to block participants of messej without liability to us, including where such User Content, in our sole discretion, violates our Code of Conduct or any Terms or policies or Guidelines or any additional terms, or that we otherwise find objectionable.
messej allows users to follow Public Chats conducted on the Service. Public Chats are messages sent by any user to anonymous users through search feature, or messages posted in groups or public and or private Huddles of users who have a common interest or affiliation, and are chatting amongst themselves. In such and other cases, messej does not undertake to monitor Public Chats or other Groups or Huddles, and the content posted via [CHAT] option is not the responsibility of messej.
Some of the cookies we use are essential for our Sites to function correctly - for example keeping track of items that have been added to your shopping basket or remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyse the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.
MESSEJ IS NOT AN EMERGENCY SERVICES
messej is not a replacement for your ordinary mobile phone service, and is not used to communicate with emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls when required.
THIRD PARTY CONTENT
messej may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. messej does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that messej is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
USER CONTENT AND CONDUCT
The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
You further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:
messej takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is messej liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at messej’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Although messej has no obligation to screen, edit or monitor User Content, messej reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of a messej promotion), messej claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant messej a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to messej at the time you post or submit such content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
SYSTEM ABUSE; BULK MESSAGING
Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending unsolicited messages for business or other purposes). In addition, you agree not to send “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission by messej, or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person, including placing malware on the Service.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Service
messej services & website, is provided “as is,” without warranty of any kind. Without limiting the foregoing, messej expressly disclaims all warranties, whether express, implied or statutory, regarding our website or contents including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, messej makes no warranty or representation that access to or operating our website or contents will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from messej website. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
You agree to defend, indemnify and hold harmless messej, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
USER CONTENT RESPONSIBILITIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MESSEJ, THE SERVICES AND MESSEJ MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MESSEJ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. MESSEJ DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR MESSEJ MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE MESSEJ ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MESSEJ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
WITHOUT LIMITING THE FOREGOING, MESSEJ DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MESSEJ, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE MESSEJ MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MESSEJ’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MESSEJ, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MESSEJ FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
RATINGS, REVIEWS AND OTHER USER FEEDBACK
messej enables you to generate ratings and reviews, photos, videos or other content about items and stores on the Marketplace Apps ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the items or the store. Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will prominently indicate if your review was sponsored or paid for in any way; and (iv) your review will comply with these Terms.
Any use of the feedback system contrary to the foregoing paragraphs is prohibited. In particular, you are prohibited from including in Feedback information unrelated to the performance of the underlying item, store or contract or from using Feedback for any purpose other than the evaluation of the item or the store. If you abuse the feedback system, messej is entitled to remove the Feedback taking your legitimate interests into account, in particular your right to freedom of expression. This applies particularly if:
Ratings and reviews and photos, videos or other content about items and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by messej and do not represent the views of messej. messej does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.
REFUNDS, EXCHANGES AND RELATED
We want you to be satisfied with your purchase on the Services. Therefore, in accordance with our Refund & Returns Policy, we offer you a special possibility for refunds and returns if you have a problem with our premium subscriptions or purchase. Please contact us as described in the Refund & Returns Policy
MODIFICATIONS TO THE SERVICES
messej reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that messej will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.
For contractual purposes, you (1) consent to receive communications from messej in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that messej provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from or the country you reside in.
DATA PROTECTION AND PRIVACY
By using messej, you agree to the collection, transfer, storage and use of your personal information by messej on servers located in Singapore as further described in our Privacy Notice. You and messej shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will messej and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law.
This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from messej exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.
BINDING ARBITRATION OF ALL DISPUTES; NO CLASS RELIEF.
This section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue class action.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service or the Terms (Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at email@example.com. For a period of sixty (60) days from the date of receipt of notice from the other party, messej and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or messej to resolve the Dispute on terms which either you or messej, in each of our sole discretion, are uncomfortable with.
If your dispute against messej involves a paid messej Service and we are unable to resolve it through dialogue (as described above), messej will Directive 2013/11/EU on Consumer Alternative Dispute Resolution. The European Commission Online Dispute Resolution (“ODR”) can be accessed at eu.europa.eu/odr.
OUR GDPR OBLIGATIONS
We Undertake To:
We shall engage a third party processor (i. E. A sub-processor) only in accordance with these terms. The mechanism hereby stipulated shall be considered a general written authorization from you pursuant to article 28 par. 2 Of the GDPR. If we engage another processor for carrying out specific processing activities on your behalf, the same obligations as set out in these terms shall be imposed on that other processor by way of a written contract.
If you have a reasonable basis to object to our use of another new processor, you shall notify us promptly in writing within 5 days after being notified. For the avoidance of doubt, you hereby agree that if you are not able to show evidence that the new processor provides an unacceptable risk to the protection of personal data (e.g., the other processor has a history of security breaches) or is your direct competitor, it would be unreasonable for you to object if the other processor has passed our vendor security evaluation.
Notwithstanding the foregoing, if you object to the engagement of another processor and your objection is not unreasonable, the parties will come together in good faith to discuss an appropriate solution. We may in particular choose not use the intended processor, or engage messej the processor only after we take the corrective steps and / or measures requested by you.
GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in all respects by the laws of Singapore. You agree that any claim or dispute you may have against must be resolved by arbitration. You and messej both agree to submit to the non-exclusive jurisdiction of the laws of "Singapore"; for claims falling within the jurisdiction of an "Singapore" Court, you and messej both agree to submit to the jurisdiction of the laws of "Singapore".
Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.
messej reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Copyright (c) 2020(s) of first publication messej Application. Subject to the express provisions of these terms and conditions:
If you have any questions about these Terms & condition, please contact us at Email: firstname.lastname@example.org