Terms of Lease and Sales
(last updated on 3rd of July 2024)
ILEASESG TERMS OF SERVICE
The following Terms of Service (“Terms”) between you (“you” or “your”) and ileaseSg Private Limited (“we,” “our,” or “us,”) describes the terms and conditions on which you may access and use the website located at ilease.Sg (the “Site”), and related services (together with the Site, and the Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
PRIVACY
Your submission of information through the Services is governed by ileaseSg privacy Policy. You may review the Privacy Policy from time to time at our Privacy Policy page.
EFFECTIVE DATE
1ST of June 2024
NOTICE OF AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
By accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure described below) and class action waiver described in this agreement of these Terms to resolve any disputes with ileaseSg.
ABOUT THE SERVICES
Introduction
ileaseSg offers the following services:
The cost of the above services does not cover any cost related to the damage, loss or theft of the item. You are liable for additional charges necessary to compensate ileaseSg and the owner of the goods or products for the loss of use and cost of the goods or products.
Eligibility
By using our service and thus agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing and renting/leasing the Products as described in these Terms.
We reserve the right to limit, cancel or prohibit any person from the usage of ileaseSg’s services should you breach any part of the agreement.
Modification Of The Services Or The Terms
ileaseSg may modify these Terms or modify, suspend, or discontinue the Services from time to time for any reason. ileaseSg will use any reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to ileaseSg upon registration.
General Conditions
LIMITS
You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address.
DELIVERY AND COLLECTIONS.
All deliveries and collections will be through ileaseSg’s shipping partners, which may change from time to time at ileaseSG’s discretion. The shipping method used will be at the discretion of ileaseSg. We will provide you with information about estimated delivery and arrival times of Products through the Site or by WhatsApp through the contact number provided by you during the registration. The Products we send to you will be in the conditions per described in the site under products descriptions. You are to check that the product is in such conditions and that there will be no refund or return of the products once you have accepted it during the delivery or collection. Once the products are accepted, the use of the Products is at your own risk and ileaseSg and or vendors shall not be held liable for health-related injuries and risk to any physical harm that may arise from the use of the Products.
Collections and delivery will not arranged if the required full payment is not made by you. IleaseSg reserves the right to amend any of the terms and conditions set forth in the agreement for the collection and delivery process should you not fulfil the terms of payment. By consenting to this agreement, you agree to waive the rights to any legal action against ileaseSg for the non-delivery and collection of the Products due to non-fulfilment of payment conditions.
RETURNS
You are advised to check the product that is either collected by or delivered to you. You are to reject any product that is not in acceptable condition to ileaseSg. You are to bear the cost of return via our logistics partners and a refund on the cost of return will be issue to you should we find the conditions of the product not in accordance to the conditions stated under the product description.
RECEIPT OF THE PRODUCTS
Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. In the event that an un-secure shipping address is provided, ileaseSg does not bear liability for Products left unattended by our delivery partners. Furthermore, you acknowledge that your provision other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which ileaseSg will not be liable. You shall be liable for all such delays and additional delivery fees incurred as a result of your inaccurate provision of a secured delivery address.
USE OF THE PRODUCTS
You agree to handle and treat the Product(s) that you lease/rent with utmost care. You are responsible for the loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, accidental hit or any other causes.
LOST, THEFT, DAMAGES AND NON-RETURN OF RENTAL/LEASED PRODUCTS
If you return a Product that is damaged, then you agree that we shall charge you, and you shall pay, for the price for repairing (if product is reparable) or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. You are also liable for any losses arising from the inability to use the item.
RETURNS
Products that are rented or leased must be returned on and received by ileaseSg, her agents or any authorised representative of ileaseSg by the next day of the end of lease or period of rental. IleaseSg reserves the right to request for items to be returned to us at any point in time. Failure to receive items on time will give us the right to charge for the items up to the full retail price. You will not be entitled to any refund of the deposit.
DELIVERY
We reserve the right to withhold the delivery of the products if there is any reason to suspect a breach of the terms and conditions. This is inclusive but not limited to instances of payment issues, unsatisfactory conditions of products to be delivered or other unresolved disputes.
FAILURE IN MAKING PAYMENTS
We reserve the right to pursue any amounts that you fail to pay in accordance with these Terms and Conditions.
ON DEMAND
Terms and Conditions
RENTAL FEE. The rental fee for the Product will be the total of the rental fee, insurance charges, return charges and related taxes listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize ileaseSg to charge your payment card for the Rental/Leasing Fee. ileaseSg will charge your payment card the amount of the Rental/Leasing Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize ileaseSg to charge your payment card for an amount equal up to 3x of rental fee set forth on the Site ; provided that ileaseSg will only charge your payment card for an amount greater than the Rental/Leasing Fee for events such as Late Return as described in the Late Fee section below.
RENTAL DEPOSIT. If you choose to pay the rental fee by other payment method instead of Credit Card, ileaseSg may ask for a rental deposit from you for a value not more than 100% of stated value of the product. This rental deposit will be returned to you fully not more than 5 (five) days from the moment you return the Product, in the condition that you return the Product on the scheduled return date without damage. In the condition that you return the Product later or not at all than the scheduled return date, your deposit may be reduced or exhausted completely to pay for the Late Fee as described in the Late Fee section. In the condition that you return the Product with damages, ileaseSg may choose to withhold or fully utilise your deposit fee in compensation of the damaged products. You will get to have full ownership of the product after full deduction has been made from your issued card. IleaseSg may ask for your Bank Account Information for deposit refund if you paid your rental fees & deposit by other payment method instead of Credit Card.
CANCELLATION POLICY. If you cancel your rental/leased order*, a Cancellation Fee of 40% of your paid rental/leased fee will be incurred and you will receive the remaining refund back via your initial payment mode. *If you cancel your rental order less than Two (2) days/48hours in advance of the scheduled date of delivery, a Cancellation Fee of 100% of your paid rent/leased fee will be incurred. ileaseSg may ask for your Bank Account Information for refund purposes if you paid your rental fees in other payment methods instead of Credit Card.
USE OF PRODUCT. You agree to treat the Products with utmost care, as if it was borrowed from your close friend. You agree to inform us of the chronology of any loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other causes.
In the case of loss or destruction due to theft, mysterious disappearance, fire or any other cause, ileaseSg will request you to provide a police report with the complete chronology of the incident and charge you the price for replacing the Product, as determined to our discretion, up to the Retail Value for the Product.
If a loss is deemed to be due to your negligence, ileaseSg may charge you an additional fine not more than 5x of your rental fee on top of providing the mentioned police report, or charge you the price for replacing the Product, as determined in our discretion, up to the Retail Value for the Product
FAILURE TO RETURN. As soon as you passed the scheduled return period, you may not continue to keep Products you have already received, and you must return to ileaseSg all rented/leased Products including its parts, on or before the day after the applicable rental period. If we don't receive your items on time, you will be charged daily a late fee as explained in the Late Fee section below.
LATE FEE. If you return the Products later than your scheduled return date, a late fee of half (50%) of your rental fee will be charged to the payment card you used to pay the Rental/Leased Fee or to any other payment card included in your account information that you have provided to ileaseSg, for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed the equivalent of 7 days of late fee. The late fee is payable for each order of Products that is not returned when due, including its parts, not for each Product that is the subject of the order that is late.
If you failed to return the Product and its parts for 7 calendar days or more, your late return will be considered a non-return, and ileaseSg will charge your payment card the Maximum Late Fee. IleaseSg will still expect you to return the Products or ileaseSg reserve the rights to file a police report with regards to theft. You agree that ileaseSg will provide your full details including your Name, contact number and residential address together with your email.
CORRECT PRODUCT. Subject to availability, we will deliver the Products you ordered, including the specified size, colour and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in colour and style than as displayed on the Site.
In an event that the Products are unavailable, ileaseSg will make a full refund of the fees paid.
FAILURE TO MAKE PAYMENT
We reserve the right to pursue any amounts you fail to pay in accordance with these Terms
For further enquiries, please contact our Customer Experience Team via WhatsApp or Email.
TERMS OF USE OF THE SERVICES
ileaseSg’s Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, and comments from other users (“ileaseSg’s Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The ileaseSg’s Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any ileaseSg’s Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include ileaseSg’s Content.
UPDATES.
We may update ileaseSg’s Content from time to time, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any enquiries about the existence of more current information, please send those to ileaseSg at customerservice@ilease.sg We take your enquiries and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-ileaseSg websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and ileaseSg is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from ileaseSg, and ileaseSg has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that ileaseSg endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
ACCEPTABLE USE POLICY
USE OF ILEASESG CONTENT.
No part of the Services, including the ileaseSg’s Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that ileaseSg authorizes you to view, copy, download, and print ileaseSg Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the ileaseSg Content solely for your personal, non-commercial, informational purposes; (b) you do not modify the ileaseSg’s Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the ileaseSg’s Content.
USE OF THE SERVICES.
You may not use the Services to: (i) transmit any content, information or other materials that are, or which ileaseSg considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a ileaseSg representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 14 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend ileaseSg and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term. Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend ileaseSg and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
Your Content
If you post, upload or make available to ileaseSg or her Services, or otherwise submit to or through ileaseSg as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to ileaseSg a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise ileaseSg to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
ileaseSg is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) for purposes including marketing and to make the Services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and Your Content and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that ileaseSg does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, nor does ileaseSg warrant the compatibility or continuing compatibility of the Third Party Applications with the Services.
Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify ileaseSg promptly of any unauthorized use of your account or password.
Delays
There may be delays, omissions, or inaccuracies in the Services, including the ileaseSg’s Content. The Service may become unavailable due to maintenance or malfunction of computer equipments, servers, domains or other reasons.
Job Postings
ileaseSg may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorised by the laws and regulations of your locale.
INTELLECTUAL PROPERTY
Ownership Of The Services
The Services, including the ileaseSg’s Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of ileaseSg and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Singapore copyright laws, trademark laws, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “ileaseSg” and the logo are registered trademarks of ileaseSg Pte Ltd., under the applicable laws of the Singapore and/or other countries. Other ileaseSg’s product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of ileaseSg and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. ileaseSg and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any ileaseSg’s Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of ileaseSg or such third party that may own such ileaseSg’s Content.
Services License
Subject to your compliance with these Terms, ileaseSg grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes..
Feedback
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that ileaseSg may use your Feedback without restriction or obligation to you or any third party.
Notice And Take Down Procedures; Copyright Agent
If you believe any ileaseSg’s Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting ileaseSg via email and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Regarding any copyright issues relating to the Services, you may contact us at customerservice@ilease.sg
In an effort to protect the rights of copyright owners, ileaseSg maintains a policy for the termination, in appropriate circumstances, of s and account holders of the Services who are recalcitrant infringers.
TERMINATION
Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at customerservice@ilease.sg. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
Termination By IleaseSg
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. ileaseSg may also terminate your account if ileaseSg determines that your conduct poses a risk or liability to ileaseSg, or for any other reason as determined by ileaseSg in its sole discretion.
Effects Of Termination
You will lose your account and all relevant information upon termination of your account.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Limited Warranties
The limited warranties set out in this agreement for return apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by ileaseSg in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and ileaseSg’s sole and exclusive liability for a breach by ileaseSg of the limited warranties set out in this agreement shall be, at ileaseSg discretion to ileaseSg’s best ability to use commercially reasonable efforts to replace the non-conforming Product in a timely manner.
Disclaimer Of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT, THE SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, ILEASESG DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE ILEASESG’S CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL ILEASESG BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF ILEASESG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER THIS AGREEMENT OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
Informal Process First
You agree that in the event of any dispute between you and ileaseSg, you will first contact ileaseSg and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of ileaseSg’S Services and/or Products, or relating in any way to ileaseSg’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and ileaseSg. However, this arbitration agreement does not (a) govern any Claim by ileaseSg for infringement of its intellectual property or access to the Services that (including the Site) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Singapore Arbitration Act governs the interpretation and enforcement of this provision, and that you and ileaseSg are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to ileaseSg Private Limited. The arbitration shall be administered by the Singapore International Arbitration Centre (SIAC) under its rules including, if you are an individual, the SIAC's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the SIAC's Supplementary Procedures for Consumer-Related Disputes will not be used. The SIAC's rules are available at www.siac.org.sg.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Singapore law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the SIAC's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totalling less than $5,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to this agreement.
If you do not want to arbitrate disputes with ileaseSg and you are an individual, you may opt out of this arbitration agreement by sending an email to customerservice@ilease.sg within thirty (30) days of the first of the date you access the Site or the date you receive any Services.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and ileaseSg each waive any right to a jury trial.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
MISCELLANEOUS
JURISDICTIONAL ISSUES.
ileaseSg makes no representation that the Services are appropriate or available for use outside Singapore. Those who choose to access the Services or any part thereof from outside Singapore do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country.
EXPORT LAWS. The laws of Singapore prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the ileaseSg’s Content, or any part thereof, in any way, in violation of Singapore law.
GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of Singapore, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Singapore, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-convenience.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and ileaseSg relating to the subject matter herein and shall not be modified except by ileaseSg in accordance with these Terms, or as otherwise agreed in writing by you and ileaseSg. No employee, agent or other representative of ileaseSg has any authority to bind ileaseSg with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. ileaseSg may assign these Terms at any time without notice to you.
FORCE MAJEURE. ileaseSg will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond ileaseSg’s reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to ileaseSg at customerservice@ilease.sg