Terms & Conditions
Last Updated: May 21, 2021
The Bolly Heroes Platform (“Bolly Heroes Platform” or “Platform” or “Site”) allows you to collect, buy, sell, store or display, celebrity collectibles and digital non-fungible tokens (“NFTs”), representing digitised intangible content such as photographs, digital caricatures, audio-visual digital content etc, as well as tangible items such as celebrity memorabilia and merchandise. The Platform is owned and operated by Bolly Heroes Pte Ltd (“Bolly Heroes”), which is a Singapore based company.
By completing the account registration process and/or using or accessing the Bolly Heroes Platform, you confirm that you understand and agree to these Terms and Conditions, together with any documents that may be expressly referred to and are incorporated herein by reference (“Terms”).
These Terms constitute a legal agreement between you and Bolly Heroes and shall govern your access to and use of the Bolly Heroes Platform, including any content, functionality, products and services, offered on or through the Bolly Heroes Platform.
Bolly Heroes reserves the right to change or modify these terms at any time and in its sole discretion. You agree and understand that by accessing or using the Bolly Heroes Platform following any changes to these Terms, you are regarded as having agreed to the revised Terms.
In these Terms:
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, notification, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority in the Republic of Singapore;
“Collectible” means any one or more of the following without limitation:
Any physical / tangible collectible item such as memorabilia and merchandise and / or any intangible digital collectible item (including without limitation, designs, drawings, prints, images in any form or media, including without limitation videos, photographs, artistic, literary, dramatic or musical work, etc.);
“we/us/our” means Bolly Heroes Platform;
“you/your” means the user of the Bolly Heroes Platform and includes anyone who accesses the Platform, and includes collectors, buyers and anyone who has the legitimate possession of a NFT or a Collectible;
“Wallet” for the purposes of these Terms, shall mean an electronic device, online service or a software program supported by the Bolly Heroes Platform that allows the users to store the Bolly Heroes NFTs, make transactions of the Bolly Heroes NFTs or track the Bolly Heroes NFTs on the Platform or to migrate existing non-Bolly Heroes NFTs to other NFT platforms.
Bolly Heroes has the sole and absolute discretion to allow or disallow your access to the Bolly Heroes Platform. By agreeing to these Terms, you represent and warrant that:
- You are at least 18 years of age;
- You have the full right, power, and authority to agree to these Terms;
- You are not subject to any financial sanctions, embargoes or other restrictive measures imposed under Applicable Law, or any other governmental authority in any jurisdiction in which the Bolly Heroes Platform is available and to which you are subject;
- You are not creating an account for any other person, and that you will use this account for your own benefit;
- You will not use the Bolly Heroes Platform if any laws in your country prohibit you from doing so in accordance with these Terms;
- You are compliant under the laws to which you are subject.
Bolly Heroes Platform User Account
You must create an account (“Account”) to use the Bolly Heroes Platform. To create an account, we will require you to provide certain information about yourself and we may, in our sole discretion, require you to provide further information and/or documents at any stage during your use of the Bolly Heroes Platform. We may, in our sole discretion, refuse, decline, suspend or disable your access or use of the Bolly Heroes Platform.
Changes to the Bolly Heroes Platform
We may in our absolute and sole discretion change, alter, update, remove, or discontinue any part of the Site, the services, the Bolly Heroes Content and / or the listing of the Collectibles at any time, without prior notice to you.
By buying and selling NFTs on our Platform, either through the Auction process or through a direct sale, on the Bolly Heroes Platform, you agree to pay all applicable fees as stipulated on the checkout screen at the time of your purchase. You authorize Bolly Heroes to add fees to your payments to Bolly Heroes when you initially purchase a NFT from the Platform and also to automatically deduct fees directly from payments to you when you sell your NFT on the Platform, wherever applicable.
Your Use of the Bolly Heroes Platform and Conduct
- Bolly Heroes hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Bolly Heroes Platform and Bolly Heroes Content. Our grant of such license is subject to the following conditions. You undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):
- Use the Bolly Heroes Platform, or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages;
- Use the Bolly Heroes Platform, or your Account to perform unlawful activities that violates any Applicable Laws (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or immoral activities;
- Use the Bolly Heroes Platform, or your Account to engage in any activity which operates to defraud Bolly Heroes, other users, or any other person, or to provide any false, inaccurate, or misleading information to Bolly Heroes;
- Use the Bolly Heroes Platform or your Account to upload content or information that contains or is infected with viruses, malicious codes, Trojan horses or any other harmful or deleterious program or is in violation of Applicable Law;
- Modify or adapt the whole or any part of the Bolly Heroes Platform or incorporate the Site into any other programme or application;
- Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Bolly Heroes Platform or any components thereof;
- Use the Bolly Heroes Platform, or your Account in any manner that would lead to infringement of our, or any third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property rights or the rights of any third party;
- Use the Bolly Heroes Platform, or your Account in a way that could damage, disable, impair or compromise the Bolly Heroes Platform or the provision of the Bolly Heroes Platform or interfere with other users or affect the reputation of Bolly Heroes;
- To take any action to gain or attempt to gain unauthorized access to the Bolly Heroes Platform or account or Wallets of other users;
- Take any action that imposes an unreasonable or disproportionately large burden or load on the Bolly Heroes infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Bolly Heroes Platform;
- Engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;
- Provide false, inaccurate, incomplete or misleading information to Bolly Heroes or third party services providers; and/or;
- Use the Bolly Heroes Platform or your Account to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance or any other unauthorized uses.
The Bolly Heroes Platform allows users to create a profile where they can post information about themselves, display their Collectibles, and sell the Collectibles through the NFTs they own and to put their NFTs (representing their Collectibles) up for sale or for auction (‘User Content’). The Bolly Heroes Platform may in its sole discretion, allow you to migrate your non-Bolly Heroes NFTs, which you may have procured from any other NFT platform (‘non-Bolly Heroes NFTs’) to your Wallet, for use on the Bolly Heroes Platform, provided that such non-Bolly Heroes NFT is of the same block chain technology as that used by Bolly Heroes and is capable of being transacted on the Bolly Heroes Platform.
Any information or User Content you post on the Bolly Heroes Platform as a user will be considered exclusive to Bolly Heroes till the time it remains listed on the Platform and non-confidential. By providing any User Content on the Bolly Heroes Platform, you grant us and our respective licensees, successors, and assignees the right to use, reproduce, modify, perform, display, distribute, re-transmit, publish, broadcast and otherwise disclose to third parties and other users of the Platform any such User Content for any purpose including to support the sale of the NFTs as specified herein. You represent and warrant that (1) you own and control all rights in and to your User Content and have the right to grant such licenses to us and our respective licensees, successors, and assignees; and (2) all of your User Content does and will continually comply with these Terms.
You understand and agree that you are solely responsible for any User Content you submit or contribute on the Bolly Heroes Platform and you shall have full responsibility for such User Content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party or to any other user of the Platform, for the content, accuracy, or appropriateness of any User Content posted by you on the Bolly Heroes Platform.
You understand and agree that you are solely responsible for any non-Bolly Heroes NFT that you choose to migrate to your Wallet and use on the Bolly Heroes Platform. You shall own full responsibility for such non-Bolly Heroes NFT, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party or to any other user of the Platform, for any illegality, inaccuracy, unreliability or mis-appropriateness of any non-Bolly Heroes NFT, which you have migrated to your Wallet and you use on the Bolly Heroes Platform. You hereby represent, warrant and undertake that the non-Bolly Heroes NFT will not violate or infringe any third-party rights including but not limited to intellectual property rights of any third party, nor will it violate any Applicable Law. If there is any claim on Bolly Heroes related to the non-Bolly Heroes NFT under any circumstances, then you shall defend indemnify and hold Bolly Heroes harmless from any liability, costs, damages etc. that Bolly Heroes may suffer due to the migration of the non-Bolly Heroes NFT to your Wallet, which you use on the Bolly Heroes Platform.
You agree that the User Content will not infringe on the intellectual property rights of others and you will not collude with other users to fix the prices of NFT’s representing the Collectibles that are listed on the Platform and / or put up for sale under an Auction.
We are not obligated to monitor any User Content, but we may, in our sole discretion, remove any User Content at any time and for any reason without notice to you, if we find that your User Content violates any provision of these Terms or without assigning any reason for the same. Bolly Heroes may monitor the User Content to detect and prevent fraudulent activity or violation of these Terms or to prevent any violation of Applicable Law.
Sale by Auction
You may sell and purchase NFTs which will be sold through an Auction process conducted by Bolly Heroes. Your participation in the Auction is subject to the rules that may be prescribed by Bolly Heroes.
You may only participate in the Auction by linking your digital Wallet, which must be a type supported by Bolly Heroes and contain Bolly Heroes NFT and any non-Bolly Heroes NFTs that use the same block chain technology used by Bolly Heroes
Bolly Heroes may pause, cancel, or discontinue your Auction transactions at its sole discretion without any notice or liability to you, if Bolly Heroes is of the view that your participation in the Auction will result in any violation of Applicable Law or for any other reason.
Our intellectual Property Rights
Unless otherwise indicated by us, and except to the extent of the User Content, the Bolly Heroes Platform, all content, and other materials contained therein, including, without limitation, the Bolly Heroes logo, and all designs, text graphics, pictures, information, data, software, and files relating to the Bolly Heroes Platform (the “Bolly Heroes Content”) are the proprietary property of Bolly Heroes or our affiliates, licensors, or users, as applicable.
The Bolly Heroes logo and any Bolly Heroes Platform product or service names, logos, or slogans that may appear on the Site or elsewhere are the proprietary property of Bolly Heroes and may not be copied, imitated or used, in whole or in part, without our prior written permission of Bolly Heroes.
Unless otherwise stated, you may not use any Bolly Heroes Content without our express written permission.
We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s intellectual property rights.
Your Ownership of the NFT
Apart from the Bolly Heroes Content, all other copyrights, trademarks, product names, and logos on the Site relating to and including the Collectible, NFTs and User Content, are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property right owner.
You agree to have read, understood and accepted all the terms and conditions regarding each Collectible that are available for sale on the Bolly Heroes Platform and each particular NFT associated with such Collectible, which you wish to purchase from us and you hereby agree to comply with the same . When you buy an NFT on the Bolly Heroes Platform (“Bolly Heroes NFT”), you own the Bolly Heroes NFT and have the right to sell or give away the Bolly Heroes NFT in terms of these Terms. For each Bolly Heroes NFT that is associated with a Collectible (which if in physical / tangible form has not been actually collected by you, as stated below), you will have a worldwide, perpetual, exclusive, transferable, licence to use, copy, and display the Collectible represented by your Bolly Heroes NFT, for so long as you own the Bolly Heroes NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of the Bolly Heroes Platform that permits the purchase, sale and display of your Bolly Heroes NFT; (c) as part of a third party website or application that permits the inclusion, involvement, storage, or participation of your Bolly Heroes NFT, only if permitted by Bolly Heroes.
You shall have the privilege to exchange your Bolly Heroes NFT with the physical Collectible (that the Bolly Heroes NFT represents) on the Platform by returning the Bolly Heroes NFT (“Returned NFT'') in your possession to us, from your user profile, pursuant to which you will be allowed to take physical possession / delivery of the Collectible. You will responsible for the cost of shipping, handling and insuring the Physical Collectible attached to the Bolly Heroes NFT during transfer. The cost of shipping and insurance, depending on the size of the item and location of the buyer, shall be communicated to the buyer via E-mail once we receive the Redeem Request. Once the physical possession of such physical Collectible is delivered to you, Bolly Heroes Platform will record the transfer of ownership of your Physical Collectible in your profile under the purchased Bolly Heroes NFT and shall have no further obligation or responsibility towards that physical Collectible. The Returned Bolly Heroes NFT, shall be held frozen under your account as a proof of transfer of the physical collectible and will be rendered untradeable once the Physical Collectible is delivered to You. If the Collectible is returned to us for any reason by the shipper and you fail to claim it back from us after reasonable efforts of communications from Bolly Heroes, the physical Collectible will become the property of Bolly Heroes and thereafter Bolly Heroes shall be entitled to resell and / or list the Collectible (under a separate Bolly Heroes NFT) once again for sale or auction as Bolly Heroes in its sole discretion decides. If Bolly Heroes in its sole discretion decides to resell and/or list such Collectible, then the Returned (Bolly Heroes) NFT shall be incapable of being traded any as an NFT on the Bolly Heroes Platform.
Further, If You chose to let the Physical Collectible attached to the Bolly Heroes NFT You purchased with Bolly Heroes and continue to trade with only the Bolly Heroes NFT itself, Bolly Heroes shall hold the Physical Collectible attached to the Bolly Heroes NFT free for You for a period of 12 Months pursuant to which there will be nominal storage and insurance charges, based on the shape, size and nature of the collectible, levied on the buyer to ensure safekeeping of the collectible.
Without limiting the foregoing, if you believe that third-party material hosted by the Bolly Heroes Platform infringes your copyright or trademark rights, please write to us at: firstname.lastname@example.org.
Data Protection / Privacy
We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents from you) including for the purposes of compliance under Applicable Law.
Limitation of Services / Termination / Account Closure
We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of the Bolly Heroes Platform and any Bolly Heroes Content and/or close your Account, at any time in our sole discretion if: (i) your Account is being used for illegal activity; (ii) you have concealed or provided false information; (iii) you have engaged in fraudulent activity; (iv) you have engaged in activity in violation of these Terms.
- You understand and agree that your access and use of the Bolly Heroes Platform is subject to certain risks including without limitation:
- Price and liquidity of blockchain assets, including the NFTs, as they are extremely volatile and may be subject to fluctuations;
- Fluctuations in the price of other digital assets could materially and adversely affect the NFTs;
- Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFTs;
- NFTs are not legal tender and are not backed by any government;
- Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable;
- The value of NFTs may be derived from the continued willingness of market participants to exchange Collectibles represented by the NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for such Collectibles represented by the NFTs, disappear;
- NFTs are subject to the risk of fraud, counterfeiting, cyber-attacks and other technological difficulties which may prevent access to or use of your NFTs.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. Bolly Heroes does not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use the Bolly Heroes Platform at your own risk. You understand and agree that Bolly Heroes will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using Bolly Heroes Platform.
You agree that you are solely responsible for determining, if any, taxes apply to your transactions on the Bolly Heroes Platform. Bolly Heroes is not responsible for determining the taxes that may apply to your transactions on the Bolly Heroes Platform.
Users may engage in promotion of their respective User Content, including without limitation their Collectibles, through various communication channels such as their social media accounts. Bolly Heroes is not responsible for any such communications and/or promotional activities carried out by the users and will not be liable to you in relation to any such communications and/or promotional activities.
Except as expressly provided to the contrary in writing by Bolly Heroes, the Bolly Heroes Platform and the Bolly Heroes Content contained therein, and the Collectibles listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Bolly Heroes makes no warranty that the Site will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete, legal, or safe.
Bolly Heroes will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Bolly Heroes Platform. Bolly Heroes does not represent or warrant that any Bolly Heroes Content or User Content on the Bolly Heroes Platform is accurate, complete, reliable, current or error-free.
While Bolly Heroes attempts to make your access to and use of the Bolly Heroes Platform and Bolly Heroes Content safe, Bolly Heroes does not represent or warrant that the Bolly Heroes Platform, Bolly Heroes Content, User Content and any Collectibles/NFTs listed on the Bolly Heroes Platform or any other part of the Bolly Heroes Platform are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the internet. We will not be responsible for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of the Collectibles or NFTs including but not limited to, any losses, damages, or claims arising from: (1) user error such as if you forget your password(s), incorrect transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted Wallet files; (4) loss of NFTs.
TO THE FULLEST EXTENT PROVIDED BY LAW, Bolly Heroes HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE Bolly Heroes PLATFORM, Bolly Heroes CONTENT AND USER CONTENT CONTAINED THEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Bolly Heroes BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE Bolly Heroes PLATFORM, Bolly Heroes CONTENT, USER CONTENT AND COLLECTIBLES, OR THIRD PARTY WEBSITES AND PRODUCTS OR SERVICES MADE AVAILABLE BY SUCH THRID PARTY WEBSITES TO YOU IN CONNECTION WIITH YOUR USE OF THE Bolly Heroes PLATFORM, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF Bolly Heroes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SITE, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF Bolly Heroes ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS AND USE OF THE Bolly Heroes PLATFORM, Bolly Heroes CONTENT, USER CONTENT OR ANY COLLECTIBLE OR NFT ON THE Bolly Heroes PLATFORM EXCEED SGD 1000.
You agree to indemnify, defend and hold harmless Bolly Heroes and its employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively the “Bolly Heroes Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Bolly Heroes Content, User Content, or Collectibles or NFTs, (b) your breach of these Terms, and (c) your breach or violation of the rights of a third party, including another user or third party service providers. You agree to promptly notify Bolly Heroes of any third party Claims and cooperate with the Bolly Heroes Parties in defending such Claims. You further agree that Bolly Heroes or the Bolly Heroes Parties (as the case may be) shall have control of the defence or settlement of any third party Claims against any of the Bolly Heroes Parties.
Amendment and Variation
These Terms may from time to time be updated or amended by Bolly Heroes in its sole discretion. We will post any such updates on the Bolly Heroes Platform. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Bolly Heroes Platform to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Bolly Heroes Platform without any prior notice to you. By continuing to use the Bolly Heroes Platform after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Bolly Heroes Platform. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Bolly Heroes Platform and delete your Account forthwith.
Transfer, Assignment or Delegation
Unless otherwise stated herein, these Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our prior written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the Bolly Heroes group, or to any successor in interest of any business associated with the Bolly Heroes Platform. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Law.
Entire Agreement / Translation
These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes all other prior representations, arrangements, understandings and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
These Terms shall not be waived in whole or in part except where agreed by the parties in writing.
The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
Notices and Communications
By using the Bolly Heroes Platform, you agree that we may provide you with notices or other communications, including marketing, relating to your use of the Bolly Heroes Platform electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us. Notices to us should be sent electronically to email@example.com.
Third Party Rights
Other than the entities within the Bolly Heroes group or any person authorized by Bolly Heroes, a person who is not a party to these Terms has no right to enforce any of these Terms.
Governing Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of Singapore without regard to any choice or conflict of laws rules. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise by virtue of these Terms, shall be referred to and finally settled by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The arbitration shall be governed by Singapore law. The seat of arbitration shall be in Singapore. There shall be a single arbitrator appointed as per SIAC provisions. The arbitration proceedings shall be conducted in the English language.
END OF AGREEMENT