Platform Agreement
Last Updated: 05/09/2025
Welcome to the https://heartfeltlifesolutions.sg/ website (“Site”) of Heartfelt Life Solutions Pte. Ltd. (Company registration number.: 202317981R) (hereinafter referred to as “we”, “our”,“us” or the “Company”). Please read the Terms carefully before using the Site to understand your rights and obligations with respect to us. The terms “you” or “your” refers to a user who access the Site.
By accessing the Site and/or engaging the Services, you will be deemed to agree to be bound by the Terms. If you do not agree to be bounded by the Terms, you shall not use or access the Site.
We reserve the right to amend the Terms from time to time. Once the amended provisions are published on the Site in any form or notified to you, such amendment will become effective as at the date of such publication. It is your responsibility to regularly review the Site and the Terms. By continuing to access or use the Site, you will be deemed to have expressed your acceptance to all changes made to the Terms.
1. Definition
1.1. In the terms and conditions herein, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Acceptance” has the meaning assigned to it in Clause 4.10.
“Applicable Laws” means, with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by any governmental authority having jurisdiction over such person.
“Buyer” has the meaning assigned to it in Clause 2.1.
“Commission” has the meaning assigned to it in Clause 8.1.
“Force Majeure Events” refer to extraordinary events or circumstances beyond our control, which prevent, hinder, or delay the fulfilment of any obligations under these Terms. Such events include, but are not limited to, natural disasters (such as earthquakes, hurricanes, floods), war, terrorism, acts of government, pandemics, labour strikes (other than those involving our employees), significant disruptions in telecommunications or transportation networks (excluding those caused by the Site itself), fire, riots, national emergency, act of god, or any impediment by government laws, rules, regulations, or orders.
“Intellectual Property Rights” means all intellectual property rights, including but not limited to rights to patents, rights in circuit layouts, trademarks, service marks, trade names, registered designs, copyrights, and other forms of intellectual property or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and confidential information, and any other protected rights and assets and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing;
“Order” means in a par ticular Transaction, an order placed by a User and “Orders” shall be construed accordingly.
“Privacy Policy” means our policies relating to the collection, use, disclosure, and management of personal data on the Site and is accessible on the Site.
“Services” means all goods and/or services offered on the Site, provided by a Service Provider to a Buyer, such as but is not limited to the offering of funeral services and products.
“Service Provider” has the meaning assigned to it in Clause 2.1.
“System” has the meaning assigned to it in Clause 6.4.8.
“Taxes” means all tax, imposition, duty and levy whatsoever, including but not limited to, any sales and services tax, withholding tax and any other forms of taxes which may from time to time be imposed or charged (including any subsequent revisions thereto) by the appropriate authorities and “Tax” shall be construed accordingly.
“Terms” means all the terms and conditions on the Site, including (but is not limited to) the Privacy Policy.
“Transaction” means a transaction on the Site by placing an Order in Clause 4.1.1 or making a request in Clause 4.1.2, and the filling in of credit/debit card details by a User in Clause 4.3, and “Transactions” shall be construed accordingly.
“User” means any person or entity who uses/access the Site.
2. Services
2.1. This Site is an online platform service that provides a place and opportunity for the sale of services and goods between the service provider (“Service Provider”) and the buyer (“Buyer”). The services and goods provided by a Service Provider on this Site comprises a range of services and products, including but not limited to funeral planning, funeral services, cremation, memorial services, burial, casket, urns and other related services or products.
2.2. We are not liable for any inaccuracy, defects or nonconformities in the description or display of the Services. You shall not make a claim against us for any inaccuracy, defects or nonconformities in the Services.
2.3. The actual contract for sale is directly between Buyer and the Service Provider and we are not a party to that or any other contract between Buyer and the Service Provider. We accept no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing and accuracy of such listing of services and goods, warranty of purchase and the quality of services and goods provided. We are not involved in the transaction between the Buyer and the Service Provider.
2.4. We will not be liable for the collection of the amounts payable by the Buyer in a Transaction.
2.5. We may or may not pre-screen the Service Providers or the content of their listing or information provided by such Service Provider. We reserve the right to remove any content or information posted by a Service Provider on the Site in our sole and absolute discretion.
3. Personal Data
3.1. Before accessing or using the Site, you shall read and consent to the processing of your personal data by us, as outlined in the Privacy Policy. By continuing to access or use the Site, you are deemed to have accepted the terms set forth in the Privacy Policy. If you object to your personal data being utilised in the manners described in the Privacy Policy, you shall immediately stop accessing or using the Site.
3.2. In addition to the terms set forth in the Privacy Policy, the Buyer consents to the disclosure of his personal data by us to a Service Provider and the use of such personal data by the Service Provider for the provision of its Services to the Buyer.
3.3. Account Information
3.3.1. By providing your personal data and any requested documents and information, you hereby authorise us to utilise, process, and transfer your personal data in accordance with the Privacy Policy. Additionally, you agree and authorise us to use your personal data to conduct any necessary inquiries to validate your identity with relevant entities such as your bank and any third-party service providers engaged by us for identity verification purposes. Furthermore, you acknowledge and consent to our right to collect, access, transfer, process, preserve, and disclose your personal data in accordance with the provisions outlined in the Privacy Policy and the terms herein.
3.3.2. You warrant that all information and documents submitted to us during the account registration process are full, accurate and current at all times. If there are any changes to such information and documents, you undertake to promptly notify us of such changes.
3.3.3. You may be required to provide your personal data for verification purposes prior to using the Site. Failure to pass the verification process will result in denial of access to the Site.
3.4. Account Usage
3.4.1. Upon creating an account with the Site, we grant you a non-transferable and revocable licence to access the Site and/or use all services provided on the Site, subject to your compliance with all the Terms. Any breach of the Terms will result in the immediate revocation or suspension of the licence granted.
3.5. Account Security
3.5.1. You are solely responsible for maintaining the confidentiality of your account information, including ensuring the security of your account password, maintaining accurate and updated account information, and monitoring all activity conducted under your account. We will not be liable for any losses caused by any unauthorised use of your account.
3.5.2. You acknowledge and agree that you are solely responsible for any losses and consequences resulting from your failure to properly safeguard your account information or maintain the network security of your relevant devices.
3.6. Dormant Account
3.6.1. We shall consider your account dormant if you fail to log in to your account for [6] months, and we reserve the right to take necessary measures, such as suspending or deactivating your account, with or without prior notice to you.
3.7. Reactivation of Account
3.7.1. To resume accessing or using the Site after your account is deemed dormant or suspended, you shall take necessary steps and procedures as determined by us to authenticate and verify your identity for the reactivation of your account.
4. Purchase of Services
4.1. The Buyer may place an Order or make a request on the Site by:
4.1.1. adding to the Buyer’s shopping cart the relevant Service of his interest and proceeding to check out such Order; or
4.1.2. indicating his interest on the Site by filling up the relevant form, after which the Site will contact the relevant Service Provider(s) to reach out to the Buyer to offer the relevant service.
4.2. When the Buyer places an Order in Clause 4.1, we will inform the Service Provider of his Order and actual payment will only be charged upon the Service Provider’s acceptance of the Buyer’s Order. When the Buyer makes a request in Clause 4.1.2, actual payment will only be charged upon written confirmation from the Service Provider to us of the Buyer’s engagement of its service under Clause 7.2.
4.3. Pursuant to Clause 4.1, after the Buyer proceeds to check out his Order or indicate his interest on the Site, the Buyer shall fill in his credit/debit card details on the Site. By filling up his credit/debit card details on the Site, the Buyer authorises us to make such necessary deductions on his credit/debit card in accordance with the type of Service the Buyer has selected in Clause 4.1.1 or such service the Buyer selects after the Service Provider contacts the Buyer in Clause 4.1.2. We shall make all deductions on the Buyer’s credit/debit card in good faith and not make any improper deductions. For the avoidance of doubt, all payments for a Transaction between the Buyer and Service Provider must be made in accordance with Clause 4.3 and the Buyer shall not pay the Service Provider directly.
4.4. Notwithstanding Clause 4.3, if for whatever reason, the Buyer pays directly to the Service Provider for a Transaction, the Service Provider shall do all of the following:
4.4.1. immediately inform us of such payment made by the Buyer; and
4.4.2. transfer the Commission to us within [3] business days from the date of receipt of such payment.
4.5. Pursuant to Clause 4.4 and to the furthest extent allowed by law, if the Service Provider breaches its obligation to transfer the Commission to us under Clause 4.4, we are entitled (without prejudice to any other right or remedy we have at law) to do one or more of the following:
4.5.1. charge the Service Provider interest on the Commission payable by the Service Provider at the rate of 6% per annum from the date the payment of the Commission becomes due until the date actual payment is made or set off in accordance with Clause 4.5.2 below (irrespective of whether the date of payment is before or after any judgment or award in respect of the same); and
4.5.2. set off and apply the Commission against any payment that is payable to the Service Provider under Clauses 7.3 and 7.4.
4.6. If the Service Provider informs us of such payment in Clause 4.4 after we have made the deduction on the Buyer’s credit/debit card in accordance with Clause 4.3, the Service Provider shall immediately return to the Buyer such amount paid by the Buyer in Clause 4.4.
4.7. Depending on the type of Service that is being provided by a Service Provider to a Buyer in a Transaction, the Buyer will be required to:
4.7.1. pay the full amount payable for the performance of such Service provided by the Service before the Service Provider performs the Service; or
4.7.2. pay a 50% deposit (or such other deposit amount as a Service Provider may require) of the full amount payable for the performance of such Service provided by the Service Provider before the Service Provider performs the Service. After the Service Provider has performed (fully or substantially) such Service, the Buyer shall pay the remaining 50% (or such remaining amount left to be collected after deducting the deposit) to the Service Provider,
and we are entitled to make such necessary deductions on the credit/debit card of the Buyer in accordance with Clause 4.3.
4.8. The Buyer warrants that he is authorised to use the credit/debit card provided for payment. In certain cases, the card issuer or bank may request validation checks and the Buyer agrees and acknowledges that we are not liable for any delays or non-delivery resulting from these checks.
4.9. If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason, without prejudice to any other right or remedy available to the Service Provider, the Service Provider is entitled to cancel the Transaction or suspend provision of its service to the Buyer until payment is made in full.
4.10. All Orders are subject to acceptance and availability, which is contingent upon confirmation by us. Each Order is deemed accepted only after we have received full payment from the Buyer and informed the Buyer of the Service Provider’s acceptance of his Order (“Acceptance”). Until there is an Acceptance, the Service Provider is not party to any legally binding agreements or promises made between the Buyer and the Service Provider for the sale of its Service. The Buyer shall not hold the Service Provider liable for any loss, liability, or damage arising thereof. Please note that any order number issued by us/the Service Provider or automatic email acknowledgment of your order does not constitute an Acceptance of your Order.
4.11. The Buyer agrees and acknowledges that we are entitled to collect payment from him on behalf of the Service Provider and withhold the amount collected from such payment in accordance with Clauses 7.3 and 7.4.
4.12. We take no responsibility and assume no liability for any loss or damages to the Buyer arising from shipping information and/or payment information entered by the Buyer or wrong remittance by the Buyer in connection with the payment for a Transaction. We reserve the right to check whether the Buyer is duly authorised to use a particular payment method and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
4.13. We reserve the right to cancel a Transaction if, for any reason, the Service Provider is unable to accept or perform its service. In such instances, any prior payments made by the Buyer for Order will be promptly refunded to the Buyer.
4.14. Unless otherwise expressly agreed, all Taxes and other charges incurred in connection with the Buyer’s Transaction, including delivery or handling charges (if applicable), will be at the Buyer’s expense.
5. Refund and Rescheduling
5.1. All purchase Transactions on our Site are final and non-refundable. Unless otherwise agreed in writing by the relevant Service Provider and on such terms as may be prescribed by the Service Provider, the Buyer is not entitled to a refund, and the Buyer shall not make any request to the Service Provider for such refund.
5.2. A Buyer’s entitlement to a refund for an Order in Clause 5.1 is subject to the deduction of Commission from the amount to be refunded to such Buyer.
5.3. Pursuant to Clause 5.1, if the Service Provider agrees to the Buyer’s request for a refund of the amount paid by the Buyer in a Transaction (in full or in part thereof), the Buyer is entitled to receive such agreed refund amount minus the Commission. The Service Provider shall refund such agreed refund amount minus the Commission to the Buyer. For the avoidance of doubt, we are entitled to collect the Commission, regardless of whether the Transaction is completed.
5.4. If the Buyer requests a refund and the Service Provider approves such request in accordance with Clause 5.1, the Buyer will receive the refund amount in the following manner:
5.4.1. If we have not transferred the amount payable to the Service Provider in accordance with Clauses 7.3 and 7.4, we shall transfer the agreed refund amount to the Buyer.
5.4.2. If we have transferred the amount payable to the Service Provider in accordance with Clauses 7.3 and 7.4, the Service Provider shall transfer the agreed refund amount to the Buyer.
5.4.3. If for whatever reason, the Buyer paid directly to the Service Provider the amount payable under a Transaction, and the Service Provider has paid the Commission to us, the Service Provider shall refund the agreed amount minus the Commission to the Buyer.
5.4.4. If for whatever reason, the Buyer paid directly to the Service Provider the amount payable under a Transaction, and the Service Provider has yet to pay the Commission to us, the Service Provider shall refund the agreed amount minus the Commission to the Buyer and immediately make payment of the Commission to us.
5.5. If you wish to reschedule the commencement date of the service you have engaged the Service Provider to perform, you shall make a written request to the Service Provider for a reschedule. The Service Provider is entitled to, in its sole and absolute discretion, reject your request to reschedule.
5.6. If the Buyer is dissatisfied with the Service, the Buyer shall contact and claim against the Service Provider directly and shall not make any claim against us. The Buyer agrees and acknowledges that we are not liable for any loss, damages, or liability that arises in connection with the service provided by the Service Provider.
6. Terms of User for Users
6.1. You undertake and warrant that you have the capability to perform all the provisions set out in the Terms.
6.2. You hereby agree to comply with the following obligations:
6.2.1. Taking sole responsibility for your actions regarding the access and/or use of the Site;
6.2.2. Ensuring compliance with the Applicable Laws, and the Terms as may be prescribed by us from time to time;
6.2.3. Conducting such acts and providing such information and documents as may be requested by us from time to time;
6.2.4. Conducting all activities and actions relating to the Terms in good faith and acting honestly and fairly in your conduct of such activities or actions.
6.3. You shall refrain from engaging in the conducts or actions such as (but not limited to) the following:
6.3.1. Using the Site to engage in acts that violate any Applicable Laws;
6.3.2. Involving the Site in political and public events;
6.3.3. Using your account in a fraudulent, deceptive, false, misleading, or unconscionable manner;
6.3.4. Exploiting or attempting to exploit any benefits granted or provided by the Site;
6.3.5. Infringing or misappropriating our Intellectual Property Rights or any other third parties;
6.3.6. Engaging or attempting to engage in any activities that may interrupt, or are likely to interrupt, the processing of the Site or our business operation;
6.3.7. Engaging in any acts that may harm the interests of the Site, regardless of whether they result in the Site incurring costs to remedy the consequences thereof.
6.4. You shall not publish, forward or disseminate information on the Site such as (but not limited to) the following:
6.4.1. Content that violates prohibitive provisions of any Applicable Laws;
6.4.2. Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror, or content that incites criminal activity;
6.4.3. Content that is fraudulent, false, inaccurate, or misleading;
6.4.4. Content that infringes our Intellectual Property Rights or those of a third party, or involves our trade secrets or other proprietary rights of a third party;
6.4.5. Content that infringes upon the legitimate rights and interests of others by insulting, defaming, threatening, or involving others’ privacy;
6.4.6. Content containing viruses, Trojans, crawlers or other malicious software or program codes that may damage, tamper with, delete or affect the normal operation of any system on the Site or obtain unauthorized data of the Site or other users;
6.4.7. Content that violates social public interests or public ethics or is not suitable for publication on the Site.
6.5. You shall not engage in any of the following activities when using the Site:
(a) Using viruses or any other technologies that may harm, disrupt, interrupt or interfere with the Site, or the interests or property of other Users;
(b) Undertaking any action to undermine the integrity of, or gain access to, the Site system, including the computer or communication systems, network, software application, mobile application, or networks and computing devices used in connection with the Services (“System”);
(c) Monitoring data or traffic on the System or conducting crawling of the System;
(d) Engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks;
(e) Engaging in any behaviour that may interfere with the proper functioning of the System.
7. Terms of Use for Service Provider
7.1. The Service Provider hereby agrees to comply with obligations such as (but not limited to) the following:
7.1.1. Shall not use the Site to advertise, upload, promote or facilitate any activities related to the promotion of pyramid schemes, spam or any other unauthorized form of solicitation;
7.1.2. Shall not repeatedly refuse to accept an Order or request in Clause 4.1 without a valid reason;
7.1.3. Uploading, posting, reproducing, encouraging, promoting, or facilitating the use of any information, text, images, graphics, video clips, sound, directories, files, databases, listings, or any other material via the Site that are false, inaccurate, misleading, unlawful, defamatory, libelous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening, or abusive;
7.1.4. Treat each Buyer with compassion and perform their Services diligently and promptly;
7.1.5. Not be negligent in the performance of its service.
7.2. Where a Buyer is introduced to a Service Provider in Clause 4.1.2, the Service Provider shall, immediately upon receiving confirmation from the Buyer on the engagement of its Services, inform us in writing of such engagement and provide all necessary details relating to the fees for the provisions of its services. Upon receiving such confirmation, the Buyer acknowledges and agrees that we are entitled to make the necessary deductions on the Buyer’s credit/debit card in accordance with Clause 4.3.
7.3. The Service Provider agrees that we are entitled to withhold payment (without interest) received from a Buyer in a Transaction until the Service Provider has performed (entirely or substantially) its services to the Buyer.
7.4. After the Service Provider has performed (entirely or substantially) the Services in a Transaction, the Service Provider shall issue an invoice to the Buyer for the Order. The Service Provider shall send a copy of such issued invoice to us and after we receive a copy of such issued invoice from the Service Provider, subject to Clause 8, we shall, within [20] days, transfer the payment received from the Buyer in a Transaction (minus the Commission and all applicable fees and bank charges associated with the Transaction and the processing of payment by the Buyer) to the bank account of the Service Provider or such other payment method as may be agreed in writing between the Service Provider and us.
8. Commission and Fees (Only Applicable to a Service Provider)
8.1. We charge a commission (“Commission”) of [insert percentage]% of the total amount payable by the Buyer for each Transaction on the Site. The Commission will be borne by the Service Provider and we are entitled to adjust the Commission from time to time by written notification to the Service Providers. If the Commission is subject to goods and services tax, the Service Provider is responsible for such tax amount.
8.2. We may also charge additional service fees in respect of any other services provided by us to a Service Provider from time to time and we will inform you of such other fees in writing. The additional service fees will apply as at the date we inform the Service Provider of such applicable additional fees. If the Service Provider disagrees with the additional fees, the Service Provider shall immediately cease to access the Site and remove all of its listings on the Site.
9. Intellectual Property Rights
9.1. The Intellectual Property Rights of all contents on this Site, including but not limited to text, software, audio, visuals, videos, charts, architecture, visual arrangement, and design elements, are owned by either us or a Service Provider...
10. Confidentiality
10.1. Any confidential information obtained from or pertaining to the Site, which you become privy to during the performance of this Terms, including but not limited to business plans, business methods, customer databases, market opportunities, financial records and accounting date, shall not be disclosed to any third party. You shall not use such confidential information for any purpose other than fulfilling your obligations under the Terms.
11. Suspension and Termination
11.1. Termination by User
You have the option to terminate and remove and delete your account from the Site at any time by following the designated procedure within the Site, provided all ongoing Transactions must be completed or cancelled before the termination process can be finalised.
11.2. Limitation of access, suspension, or termination by us
We reserve the right to unilaterally restrict, suspend or terminate your account, or take any such measures or actions that we deem necessary without prior notice to you, under the following circumstances:
- You have breached or attempted to breach any of the Terms.
- You have committed or are suspected of committing, or attempted to commit any prohibited, wrongdoing or unlawful act.
- (If you are a Service Provider) you enter into liquidation, whether compulsorily or voluntarily, except for amalgamation or reconstruction purposes, or have a receiver appointed for any part of your assets, or take similar actions due to indebtedness.
- Such termination or suspension is mandated by an order or directive from a lawful, regulatory, governmental, or statutory authority with jurisdiction over the matters herein.
- (If you are a Service Provider) you cease or threaten to cease your business operations.
- If, in our reasonable discretion, we find out or reasonably suspect that pursuant to Clause 4.1.2:
- A Buyer is introduced to a Service Provider.
- After such introduction, the Service Provider breaches its obligation to inform us in Clause 7.2 by entering into a private arrangement with the Buyer.
- Such breach by the Service Provider has occurred for the third time or more.
11.3. Consequences of suspension or termination for a User
All the Service Provider’s Transactions that are currently in progress must either be completed or cancelled in accordance with our instructions before the suspension or termination takes effect.
Upon suspension or termination of the Terms, we reserve the right at our sole discretion to take the following actions:
- Remove any benefits provided to you.
- Forfeit or set off any payment payable to you.
- Suspend or terminate your account.
- Disallow or restrict your use of all or part of the Site.
- Reject any new account application submitted by you.
- Ban you from using our Site for such period as may be determined by us in our sole and absolute discretion.
- Report to relevant authorities to procure criminal charges (if applicable).
- Initiate civil actions to claim for damages and all other relevant reliefs.
- Take such other actions as we deem necessary in our sole and absolute discretion.
Where, in accessing or using the Site, your action, omission or failure to comply with all Terms has resulted or caused any losses, damages, penalties, claims (whether criminal or civil) or liabilities to us, you shall solely be liable for and shall compensate us for all costs and expenses incurred or suffered by us or any other third-party service provider. In the event of any inquiries, complaints or claims raised by third parties due to your actions, you shall be solely responsible for resolving such inquiries, complaints or claims at your own cost, and shall indemnify and keep indemnified and hold us harmless at all times in respect thereof.
You acknowledge that we shall not be held liable to you or any other person for any and all consequences, loss, or damage resulting from the suspension or termination outlined herein.
12. Limitation of Liability and Indemnity
12.1. The Site and all data and/or information contained therein and/or are provided on an “as is” and “as available” basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory with respect to the Site, including without limitation, warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Site are provided for informational purposes only.
12.2. We and all of our respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
12.2.1. the provisions of the Service by the Service Provider;
12.2.2. quality of the Services by the Service Provider; and
12.2.3. reliance on any data or information made available through the Site. You should not act on such data or information without first independently verifying its contents.
12.3. Notwithstanding any other provisions herein, if we are found liable to you for the breach of any of the Terms by us within the limits permitted by the Applicable Laws, the combined liability of us, our Affiliates, shareholders, directors, officers, employees, agents, representatives, successors and assignees, whether arising from Transactions, torts, equity, or any other causes of action, shall not exceed S$[100].
12.4. You agree to further indemnify and hold us and our affiliates, shareholders, directors, officers, employees, agents, representatives, successors and assignees, harmless from and against any claims, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with:
12.4.1. your breach of any provisions of the Terms;
12.4.2. your violation of any Applicable Laws; or
12.4.3. our enforcement or attempt to enforce your obligations under the Terms, except where any such claim, liabilities, damages, costs, judgments, losses, or expenses arises solely as a result of our negligence.
12.5. Notwithstanding any provisions herein contained, it is agreed that we shall not be liable to you for any loss of profit, goodwill, business opportunity, and anticipated savings or for any indirect, special or consequential loss or damage suffered or flowing from the Terms, even if reasonably contemplated or if you have been advised of the possibility of such loss or damage.
12.6. This clause shall survive the termination of the Terms.
13. Site Operation
13.1. We do not guarantee continuous or secure access to our Site, and the operation of the Site may be interfered with or disrupted by factors both within and beyond our control. Therefore, we reserve the right to restrict or temporarily suspend the provision of all or part of access to or use of the Site, in the following circumstances:
13.1.1. regular maintenance work on the Site;
13.1.2. power or communications outage;
13.1.3. technical problems on the part of our third-party service providers;
13.1.4. natural disaster, act of terrorism or other Force Majeure Event; or
13.1.5. any other reasons that we deem necessary for such suspension.
13.2. In the event of the suspension of access to the Site, we will, as soon as is reasonably practicable, post a notice on the Site. We will not be liable for any damages or losses suffered by you or any third party arising out of or resulting from such suspension and you shall not make any claim against us.
13.3. To the furthest extent allowed by Applicable Laws, we make no representations or warranties of any kind with respect to the systems operated by us or any software and hardware provided, or any part thereof, whether express or implied. We and all of our respective officers, employees, directors, agents, contractors and assigns are not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages suffered or incurred by you or any third party in connection with your use of the Site, including (without prejudice to the generality of the foregoing) any loss of profit resulting from a breakdown or inability to use or access the Site or any part thereof.
13.4. Notwithstanding anything contained herein to the contrary, we reserve the right to adjust or terminate the operation of the Site based on the actual needs of our business. In such cases, we will provide a corresponding transition or exit plan and publicise it on the Site. The specific timing of operation adjustment or termination shall be subject to the timeline specified in the transition or exit plan.
14. Access and Interference
14.1. Save where you obtain our prior written consent, you shall refrain from:
14.1.1. taking any action that may impose an unreasonable or disproportionately large load on the Site’s infrastructure;
14.1.2. copying, reproducing, modifying, creating derivative works from, distributing, or publicly displaying any content from the Site, except for your own personal reference; or
14.1.3. interfering or attempting to interfere with the proper functioning of the Site or any activities conducted therein.
15. Notices
15.1. Unless specified otherwise in the Terms, any notice, request, demand or other communication to us under the Terms shall be in writing and delivered personally, sent via A.R. registered post, or emailed to the following addresses:
Address to: HEARTFELT LIFE SOLUTIONS PTE. LTD. (Company registration no.: 202317981R)
Address: 64D, Kallang Pudding Road, #10-00, Tannery Building, Singapore 34932.
Email Address: [ ]
15.2. Notices to You
15.2.1. Unless specified otherwise in the Terms, any notice to you under the Terms shall be in written form and delivered personally, via postal mail, A.R. registered post or email.
15.2.2. A notice sent in accordance with Clause 15 will be deemed to have been duly given or made as follows:
(a) if sent by email, phone message, in-app notification or such other electronic mode of communication, at the time of transmission (as recorded on the device which the sender sent such communication); and
(b) if sent by post, the third day after the date of posting.
15.3. Service of Legal Documents
15.3.1. For any dispute arising from the Terms, you agree any party to this Terms (including but not limited to courts and arbitration institutions) may serve legal documents to the other party in accordance with Clause 15.
16. Assignment
16.1. We reserve the right to assign and/or novate the Terms or any part of the same to any person or entity, by providing written notice to you which shall be posted on the Site, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms to any person or entity.
17. Force Majeure
17.1. We shall not be liable for any failure to perform any of its obligations under the Terms if the performance is prevented, hindered or delayed by any of the Force Majeure Events. In such cases, our obligations shall be suspended for the duration of such event.
18. Partnership
18.1. The Terms do not contain anything that could be construed as creating an agency or partnership between the parties. You do not have the authority to enter into agreements on behalf of the Site. You are not allowed to carry out any activities or engage in illegal and criminal activities in the name of this Site, otherwise all consequences will be borne by you, and this Site reserves the right to pursue relevant legal liabilities.
19. Severability
19.1. If any provision of the Terms is deemed void, invalid or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms.
20. Waiver
20.1. Any of our failure to exercise or enforce any rights conferred upon it by the Terms shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
21. Contract Rights of Third Party
21.1. An affiliate or third party mentioned in Clauses 9, 12 and 13 may enforce Clauses 9, 12 and 13 as though it was a party hereto. Save as otherwise provided, a person who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of the Terms. The consent of such nominee is not needed for any variation or rescission of the Terms.
22. Dispute Resolution
22.1. In relation to any dispute or differences between the parties hereto, the parties shall endeavour to negotiate with a view to resolve the dispute amicably. If the parties cannot resolve such dispute or difference within 30 days of its arising, the parties may pursue other legal remedies.
23. Governing Law
23.1. The Terms will be governed by and construed in accordance with Singapore law.
23.2. Subject to Clause 22, the parties submit irrevocably to the jurisdiction of the Singapore courts.
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