AttituX Pte. Ltd. (UEN 202324966N) (“AttituX”, “we”, “us” or “our” as the context may require) provides  online assessment and recruitment services via an online platform matching individual job seekers with potential employers and/or employees with supervisors, and/or among business partners, personal relationships based on personal values, attitude and other metrics gathered from drawings and Drawmetrics (“Services”) via its website at https://AttituX.co  (the “Website”) and its web and mobile applications (the “Apps”). The Website and the Apps shall be collectively referred to as the “AttituX Platforms”.

At the moment, the Services and the AttituX Platforms are intended for download, access and use by users from Singapore. If you are accessing the Services and/or the AttituX Platform from a country or jurisdiction outside Singapore, you may be able to use the Services under the jurisdiction of Singapore only.
You acknowledge and agree that, by accessing and/or using any part of the AttituX Platforms and/or the Services, you are indicating that you have read, understand and irrevocably agree to be bound by the terms and conditions set out below (these “Terms”), and these Terms shall be valid, legally binding and enforceable against you with effect from the earlier of your access or use of any part of the AttituX Platforms and/or the Services. If you accept or agree to the Agreement on behalf of a company, organisation or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to such Legal Entity. If you do not agree to these Terms, then you shall have no right to access or use the AttituX Platforms and the Services and you must immediately discontinue your access or use of the AttituX Platforms and the Services.
 

AttituX reserves the right to update, modify, add, vary or amend all or part of these Terms unilaterally at its discretion at any time from time to time without prior notice to you, and AttituX will post the modified version on the AttituX Platforms or otherwise provide you with notice of such modifications. Your continued access and use of the AttituX Platforms and any of the Services after such changes are posted on the AttituX Platforms shall constitute your acceptance of the modified Agreement without any further action being required on your part. You further acknowledge and agree that it is your responsibility to monitor the AttituX Platforms for the posting of any modifications and to review updates on a regular basis. If you do not agree to be bound by any future modifications of these Terms, your sole and exclusive remedy is to cancel your account and discontinue your access and use of the AttituX Platforms and the Services. 

1. GENERAL TERMS RELATING TO ACCOUNTS AND USE OF THE SERVICES AND/OR AttituX PLATFORMS  

1.1 License to Use and Access AttituX Platforms. 

1.1.1 We grant you a limited, revocable, non-exclusive, non-transferable and non-sub licensable license to use the AttituX Platforms subject to your compliance with these Terms. Such license will remain in effect until your account with us is terminated or until such other time which we may communicate to you. 

1.2 Lawful Use.  You must only use the Services and the AttituX Platforms for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Services and the AttituX Platforms.  

1.3 Access to AttituX Platforms and/or Services.  AttituX reserves all rights to deny or restrict access to the AttituX Platforms and/or Services to any person, or to block access from any internet source or address to the AttituX Platforms and/or Services at any time in its sole discretion, and without providing any notice or reason. 

1.4 Modification and Discontinuation of Services.  AttituX reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently all or any part of the AttituX Platforms and/or the Services, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the AttituX Platforms and/or the Services. 

1.5 Intellectual Property Rights.  You expressly acknowledge and agree that your access to and use of the Services and the AttituX Platforms is subject to the intellectual property provisions set out in Clause 7 below. 

1.6 Your Account. 

1.6.1 By registering an account with AttituX, you acknowledge and agree that you are representing to us that you are providing, and you will maintain, accurate, current and complete information for your account, including (as applicable) your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness. You agree that we may take steps to verify the accuracy of information you provide. 

1.6.2 AttituX retains the right, in appropriate circumstances and in its sole and absolute discretion, to suspend or terminate (with or without notice) the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct. AttituX is not required nor obliged to disclose its reasons for suspension, termination or any other action taken. If your account is suspended or terminated, you are not entitled to any payment from AttituX.
 

1.6.3 You acknowledge and agree that AttituX may access, preserve and disclose your account information or your prospective job seekers’ or business partners or partners’ assessment results if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of AttituX, the other users of the Website and Services, and the public. However, under no other circumstances will AttituX intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy. 

1.6.4 You may terminate your account at any time and for any reason by using the relevant function in the applicable AttituX Platform or by contacting us at [email protected] but any such termination will be effective only after AttituX has processed the request.  Kindly note that deleting the AttituX application from your device alone will not terminate your account and you will need to follow the aforementioned steps to terminate your account.  You will not be able to use the Services without an account. 

1.7 No Circumvention.  You will be given the option to communicate with the jobseeker/potential employer/partner (as the case may be) with whom you have matched with via the Services and all communications relating to potential employment or partnership shall be conducted solely via the functions available in the AttituX Platforms.  At any time prior to formal employment or engagement, you may not provide your contact details to the other party for communication outside of the AttituX Platforms or otherwise take any action which may result in AttituX being deemed as taking on the liability of your disclosure or use of the AttituX Platforms (as defined below). 

1.8 User Content and Information. 

1.8.1 While using the AttituX Platforms, you may be required or permitted to upload certain content and information, including but not limited to personal information such as a profile photo or employment history (in the case of jobseekers) and organisational information (in the case of potential employers). 

1.8.2 The content which you upload and publish should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers,  URLs, credit/debit card or other banking details).  You understand and agree that we may monitor or review your uploaded and published content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of your content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review your content. 

1.8.3 All rights to the content that you provide to AttituX while using the AttituX Platforms (including, without limitation, any documents, photographs, and portfolios) belong to AttituX.  You shall permit, in a non-exclusive manner, AttituX and our affiliates and business partners to use (this includes duplication, screening, public transmission, exhibition, distribution, transferring, loaning, translation, adaptation, and publication), at no charge and without restriction as to the geographical location, frequency or period of such use, any content uploaded for the purposes of providing the Services to you. 

1.8.4 You are solely responsible and liable for the content and information that you provide to us and you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with the content you provide.  You represent and warrant that the information you provide to us as any potential employer and/or any jobseeker and/or partners (as the case may be) is accurate, and that you will update your account information and/or organisation information (as the case may be) as necessary to ensure its accuracy. 

2. SPECIFIC TERMS APPLICABLE TO POTENTIAL EMPLOYERS LOOKING TO HIRE 

2.1 Account Security.  Each end-user nominated and authorised by you (including but not limited to your directors, officers, employees, representatives, consultants and agents) is required to create an account with AttituX to use the Services (each, an \”Authorised User\”). You are responsible for the activities of all your Authorised Users who access or use the Services and you agree to ensure that any such Authorised User will comply with these Terms and any other AttituX policies. AttituX assumes no responsibility or liability for violations. If you become aware of any breach of these Terms or AttituX policies in connection with use of the Services by any person, please contact us. AttituX reserves the right to, with or without notice, in appropriate circumstances and in our sole and absolute discretion, conduct investigations and suspend or terminate all accounts associated with you or the accounts of specific Authorised Users if there is any actual or suspected breach of the Agreement, of copyright infringement, or offensive, abusive or illegal conduct. If any account associated with you is terminated for cause, you are not entitled to any refund for any amounts paid to AttituX for any Services. 

2.2 Subscriptions and Payment. 

2.2.1 AttituX offers various paid subscription plans for potential employers (“Subscription Plans”). The prices, features, and options of the Services depend on the Subscription Plan selected as well as any changes instigated by you.  AttituX may charge a commission for each successful job placement completed via the Services (“Commission”).  The prevailing subscription fees (\”Subscription Fees\”) and Commission applicable to each respective Subscription Plan are available on the AttituX Platforms. 

2.2.2 AttituX does not represent or warrant that a particular Subscription Plan will be offered indefinitely and, to the fullest extent permitted under applicable laws and regulations, reserves the right to change or modify the terms of any Subscription Plan (including but not limited to Subscription Fees, subscription period, features and options).  In such event, we will take commercially reasonable efforts to provide you with reasonable notice of such change. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have taken effect.  If you do not agree with the changes to our pricing terms then your only recourse is to cancel your Subscription Plan. 

2.2.3 By subscribing to a Subscription Plan, you acknowledge and agree that your subscription will automatically renew regularly, and unless and until you or AttituX cancels your subscription, you authorise us to charge you or your company via the payment modes for the then-applicable Subscription Fees in respect of your continued subscription to your selected Subscription Plan. You must cancel your Subscription Plan before it renews to avoid the billing of the Subscription Fees for the next subscription period. The Subscription Fees are charged upfront and monthly and will typically occur on or around the same day of the month/year (as applicable) as your initial purchase, although some charges may be delayed for business or legal reasons. If AttituX is for any reason unable to effect any automatic payment via your Payment Card, we will attempt to notify you via email and your subscription (and any corresponding access to the Subscription Plan) shall be suspended until payment is received. 

2.2.4 You will be required to provide your credit card, debit card or other payment card or payment modes (\”Payment\”) details and other relevant information such as Payment expiry date and/or billing address (“Payment Information”) in order to use the Services. By providing any Payment details to us, you represent and warrant that such Payment Information is correct and belongs to you or you otherwise have the authority to use such Payment, and you have the legal right to use all payment method(s) represented by any such Payment Information.  You further acknowledge and agree that we may use, store and disclose your Payment details in accordance with our Privacy Policy.  You are responsible for notifying us of any changes to your Payment details and to update your information if your Payment Card has expired. We may suspend, terminate and/or otherwise interrupt your access to the Services or any portion thereof if you fail to so notify us.   By initiating a transaction with us, you authorise us to provide your Payment Information to third party service providers so we can complete your transaction and you agree (a) to pay the applicable fees and any taxes; (b) that we may charge your Payment  or third-party payment processing account, including, but not limited to, your account with an app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the AttituX Platforms are made available (each, an “App Provider”), for verification, pre-authorisation and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. 

2.2.5 You are required to notify us of any billing problems or discrepancies within thirty (30) days after they first appear on your Payment Card statement by sending a written notice to [email protected]. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies. 

2.3 Job Listings.   You and/or your Authorised Users must create any job listings in accordance with AttituX’s posting policy and content guidelines as well as Content Quality Guideline.  The Company may modify posting policy or content guidelines as needed in accordance with any amendments to laws or regulations, consultations with the relevant authorities, or other matters. In using the Services, you are required to continually familiarise yourself with and adhere to the latest versions. 

2.4 Drawmetrics Assessment Results.  The Drawmetrics Assessments provided on the AttituX Platforms are based on the responses provided by the users participating in such Drawmetrics Assessments and assumes that such persons provide own responses; if that is not the case, then any output may be flawed.  We assume no liability or responsibility for the output of the Drawmetrics Assessments or how you may use it, or for any consequences of any decisions made or actions taken in reliance on or based on it, which remain the user’s sole responsibility. 

2.5 Confidentiality.  You and your Authorised Users shall maintain the confidentiality of, and not use in an unauthorised manner, all information that is disclosed to you and/or your Authorised Users in connection with the use of the AttituX Platforms, including but not limited to any personal information of jobseekers or partners (or whatever the case may be), unless the party to whom the information relates has given you their consent.  Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 2.5 shall survive the termination or expiration of these Terms for a period of three (3) years thereafter. 

3. SPECIFIC TERMS APPLICABLE TO JOBSEEKERS AND/OR INDIVIDUALS 

3.1 Account Security.  You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services. You agree not to use the account, username or password of any other account holder at any time. AttituX will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge and/or your failure to comply with this clause. 

3.2 Jobseeker Assessments 

3.2.1 While using the AttituX Platforms, you will be asked to take various diagnostic assessments and tests, including but not limited to cognitive tests (“Drawmetrics Assessments”), which are developed and administered by AttituX.  The results of each Drawmetrics Assessment will be automatically analysed and you will receive your test results electronically.   

3.2.2 We strongly encourage you to provide your own responses in the Drawmetrics Assessments as your responses influence the results.  We assume no liability or responsibility for the output of the Drawmetrics Assessments or how you or your potential employers and/or partners may use it, or for any consequences of any decisions made or actions taken in reliance on or based on it, which remain the users sole responsibility. 

3.2.3 By taking the Drawmetrics Assessments, you acknowledge and agree that your responses will be collected, processed and evaluated by us and disclosed to potential employers for recruitment purposes or partners for matching purposes.  We may also collect and use your Drawmetrics Assessment results on the AttituX Platforms to generate anonymised and aggregated statistical and analytical data for internal research and product development purposes and to conduct statistical analysis in accordance with our Privacy Policy (see Section 8 below). 

4. FEEDBACK, ENQUIRIES AND DISPUTES 

4.1 Feedback, Enquiries and Disputes.  We are committed to providing you with a pleasant user experience. If you have any feedback, queries or issues relating to the Services or AttituX Platforms, please contact us at [email protected], and we endeavour to be in touch with you within ten (10) business days. 

4.2 Right to Use Feedback.  Any questions, comments, suggestions, feedback and/or information which is sent to us will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis.  By submitting suggestions or feedback to AttituX regarding our Services, you agree that we may use, disclose and share such feedback for any purpose without compensating you.  

5. COMPLIANCE WITH ADDITIONAL TERMS, RULES, POLICIES AND LAWS 

5.1 Additional Policies.  The use of certain features of the Services may be subject to additional terms, rules, policies or codes of conduct as determined by AttituX from time to time, and you will be required to comply with the same in using them. All such additional terms, rules, policies or codes of conduct are hereby incorporated by reference into these Terms. 

5.2 Consequences of Non-Compliance.  If you fail to comply with any provisions of these Terms, AttituX reserves the right, without prejudice to any of its other rights, to suspend or terminate your account and/or the provision of any Service to you without liability to you. 

6. CONFIDENTIALITY 

6.1 AttituX’s Confidentiality Obligations.  AttituX shall at all times keep confidential and not disclose to any third-party confidential information except as permitted by this Clause 6 and for the purposes of performing our obligations under these Terms, and agrees to protect the confidential information with security measures and a degree of care that would apply to its own confidential information. 

6.2 Permitted Disclosures.  Notwithstanding Clause 6.1 above, AttituX may disclose confidential information: 

(a) to its subsidiaries, affiliates and related companies; 

(b) to third-party payment providers to the extent necessary for AttituX to perform its obligations under these Terms; 

(c) to its officers, directors, employees, auditors, advisors, subcontractors and other persons providing services to it where (provided that such person is under a duty of confidentiality in relation to the confidential information, professional, contractual or otherwise) to the extent necessary for AttituX to perform its obligations under these Terms; 

(d) where requested or required by law, regulation and/or any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body; and 

(e) to any other person where necessary for the performance of its obligations under these Terms with your consent. 

6.3 Survival.  Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 6 shall survive the termination or expiration of these Terms for a period of three (3) years thereafter. 

7. INTELLECTUAL PROPERTY RIGHTS; PROHIBITED USE 

7.1 Intellectual Property Rights.  The AttituX Platforms, Services and all materials, including but not limited to photographs, illustrations, videos, data, text, images, designs, logos, maps, plans, algorithms, literary, artistic, musical works, computer programs, frameworks, software, libraries, engines, scripts, functions, algorithms, electronic agents, encryption, plugins, APIs and/or all other forms of computer or object code and all representations, information and all works in any media or format whether relating to activities, programmes, products and/or services offered by AttituX (the “Content”) are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property Rights”) owned by, licenced to or controlled by AttituX. AttituX retains all rights, title and interest in all Intellectual Property Rights in the Content and all concepts, systems, whether written or graphic and all other materials produced by or on behalf of AttituX, including those on the AttituX Platforms. “AttituX”, “AttituX.co” , “Attitude is the X factor” and the AttituX logo are trademarks, logos or service marks of AttituX and no permission or licence is granted to use any such trademarks, logos or service marks without the our prior written consent. 

7.2 Restrictions and Prohibited Uses.  You are strictly prohibited from, and expressly agree that you will not and will not permit any person to: (i) use, upload, download, record, alter, copy, reproduce, re-publish, transmit, communicate, distribute, disseminate, decompile, disassemble, modify, adapt, reverse engineer, create derivative works of, or exploit in any way, the AttituX Platforms and/or any Content or any part thereof; (ii) do anything that will or might (whether directly or indirectly) affect, compromise, prejudice or conflict with AttituX’s intellectual property rights in any manner or could damage the reputation of AttituX or the goodwill or other rights associated with the AttituX Platforms and/or the Services; (iii) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with the AttituX Platforms and/or any Content; (iv) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the AttituX Platforms and/or any Content; (v) access or use the AttituX Platforms and/or any Content in an unauthorised, unlawful, illegal, fraudulent or harmful manner or in connection with any unauthorised, unlawful, illegal, fraudulent or harmful purpose or activity; (vi) access or use the AttituX Platforms and/or any Content in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Content or in any way that causes, or may cause, damage to the AttituX Platforms and/or any Content or impairment of the availability or accessibility of the AttituX Platforms and/or any Content; (vii) access or use the AttituX Platforms in a manner that suggests an association with our Content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (viii) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the AttituX Platforms or connected network; (ix) access, monitor, or copy any element of the AttituX Platforms and/or any Content using a robot, spider, scraper or other automated means or manual process without our express written permission; or (x) sell, resell, or make commercial use of the AttituX Platforms and/or any Content, unless you have an executed agreement with us that expressly allows for such activity. 

8. PERSONAL DATA; STATISTICAL DATA 

8.1 Personal Data.  You hereby acknowledge and agree that personal data relating to you (including without limitation any personal data which you provide to us when registering your account with us and creating your profile, any Payment details, your responses in the Drawmetrics Assessments) may to the extent that it is reasonably necessary in connection with the Services be collected, stored, processed and used and disclosed by AttituX in accordance with our privacy policy (“Privacy Policy”).  In particular, your information may be shared with potential employers to aid the recruitment process. 

8.2 Statistical Data.  We may also collect and use your activity on the AttituX Platforms, Drawmetrics Assessment results and other information supplied by you to generate anonymised and aggregated statistical and analytical data for internal research and product development purposes and to conduct statistical analysis (“Statistical Data”).  All such Statistical Data shall be and remain the property of AttituX. 

8.3 Privacy Policy.  You can access our Privacy Policy here and you hereby represent that you have read, understood and agreed to our Privacy Policy, which may be amended from time to time. 

9. DISCLAIMERS 

9.1 Disclaimer of Warranties.  The AttituX Platforms and the Services are provided on an “as is” and “as available” basis and AttituX expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to (a) warranties that the functions provided on the Services and the AttituX Platforms will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected; (b) warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Services, Content, the AttituX Platforms and any third party websites with which they are linked; or (c) third party claims, whether directly or indirectly caused by, or relating to, the Services, Content and/or the AttituX Platforms. Some states / jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to User in its entirety. To the extent applicable law requires AttituX to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law. 

9.2 Third-Party Products and Services. In no event does AttituX provide any warranty or representations with respect to any third-party software, hardware, products and/or services with which the Services are designed to be used, and AttituX disclaims all liability with respect to any failures thereof. Use of the Services and/or the AttituX Platforms may adversely affect the operation of other software and devices. Software is inherently subject to bugs and potential incompatibility with other software and hardware. You should not use the Services and/or the AttituX Platforms for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. 

9.3 Information on the AttituX Platforms.  While we use all reasonable efforts to include accurate and up-to-date information on the AttituX Platforms, AttituX does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Content including in particular the use of any representations and images. AttituX assumes no liability or responsibility for any errors, omissions or completeness of the information provided in the content of the AttituX Platforms. Information provided is subject to change at any time without prior notice. 

9.4 Downloading at Your Own Risk.  Any material which you download or otherwise obtain through the use of the AttituX Platforms (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither AttituX nor any of our affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of the Services and/or the AttituX Platforms, or any uploading, downloading of any Content or information (all of which are not authorised) from the AttituX Platforms. 

9.5 External Links.  The AttituX Platforms may contain links to other websites and pages which are not controlled, maintained or endorsed by AttituX. By clicking on or activating such links, you acknowledge that the AttituX is not responsible for the consequences of your activities on the third-party websites (including any personal, financial or payment information disclosed by you on such third-party websites) and is not liable in any way whatsoever to you. AttituX does not represent or exercise control over such third party and such third party is neither an agent nor servant of AttituX. Any data or any information which you give to any other entity after leaving the AttituX Platforms is entirely at your own risk. AttituX and our affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites. All hyperlinks to such other websites are provided as a convenience to you, and AttituX and our affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites. 

9.6 Inherent Risk of Online Transmissions.  No data transmissions over the internet or via wireless networks can be guaranteed to be secure. Consequently, AttituX cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk. 

10. LIMITATION OF LIABILITY 

10.1 Limitation of Liability.  To the maximum extent permitted by applicable law, AttituX is not responsible for and shall not be liable for any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including attorneys’ fees and court fees on a full indemnity basis) (“Claims”) of any kind howsoever arising out of or in connection with your access and/or use of the AttituX Platforms and/or the Services. Accordingly, you hereby release, indemnify and hold harmless AttituX (and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all Claims of any kind arising out of or in connection with your access and/or use of the AttituX Platforms and/or the Services. In no event shall AttituX’s aggregate liability for all claims related to the AttituX Platforms and/or the Services provided therein exceed (a) if you are a jobseeker, US$100 and (b) if you are a potential employer, the total amount of Subscription Fees and Commission paid by you to AttituX during the one (1) calendar months immediately preceding the date on which the Claim first accrued.  The existence of more than one claim during the term hereof will not enlarge this limit. For the avoidance of doubt, the limitations in this Clause 10.1 do not apply to the indemnity given by you pursuant to Clause 11. 

10.2 Consequential Damages etc.  To the maximum extent permitted by applicable law, in no event will AttituX or its employees, directors, officers and representatives be liable to you for any incidental, indirect, punitive, special or consequential damages (including lost profits or lost business opportunity) that you may incur or experience by reason of your having entered into or relied on these terms, or arising out of the performance of these terms, even if the we were advised or knew of the possibility of such damages.  The foregoing limitation will apply regardless of the form of the claim(s), in which such liability may be asserted, whether in contract, tort (including negligence) or otherwise. 

11. INDEMNITY 

11.1 Indemnity.  You agree to indemnify and hold AttituX including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any and all Claims which AttituX suffer or incur due to or arising out of or in connection with: 

(a) your breach of any of the provisions of these Terms; 

(b) your infringement, or infringement by any other user of your account, of any Intellectual Property Rights or other right of any person or entity; and 

(c) otherwise in connection with these Terms and your use of the Services and/or the AttituX Platforms. 

12. GENERAL PROVISIONS

12.1 Force Majeure.  AttituX shall not be liable to you or any other party, or be deemed to be in default, for any loss, damage or expense arising from any delay or non-performance under these Terms resulting from acts beyond its control, including without limitation (i) fire, explosion, accident, power failure, epidemics, pandemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any government or administrative agency strikes, labour disputes (whether or not involving any AttituX employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the above or not) beyond the reasonable control of AttituX, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as natural disasters, tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism or threats thereof, which include disruption of civil authority, transportation or communication services, national emergency, riot, civil disturbance or sabotage. 

12.2 Term.  These Terms (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on the AttituX Platforms or until terminated by AttituX. 

12.3 No Waiver.  No failure, delay, relaxation or indulgence on the part of AttituX in exercising any power or right conferred upon it in these Terms shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms. 

12.4 Severability.  If any provision of these Terms is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms, such provisions shall be fully separable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms. 

12.5 Third Party Rights.  A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce or to enjoy the benefit of any term of the Agreement. Notwithstanding anything in these Terms, the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms. 

12.6 Entire Agreement.  These Terms constitute the entire agreement between you and AttituX with respect to your use of the AttituX Platforms and the Services and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between AttituX in respect of the matters dealt with in these Terms. No promise, inducement, representation or agreement other than as expressly set forth in these Terms has been made by AttituX. 

12.7 Governing Law.  These Terms shall be governed by and interpreted in accordance with the laws of Singapore. 

12.8 Dispute Resolution.  The courts of Singapore have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and your use of the AttituX Platforms and the Services (including a dispute regarding the existence, validity or termination of these Terms.