Terms of Service

1. Service

1.1. Payboy Pte Ltd (registration number: 201333659G) ("Payboy", "we", "us" and/or "our") provides hosted integrated cloud human resources solutions through the Site and any applicable software (as defined below) (collectively, the "Service"). The Service is provided by Payboy to you and any individual or entity to whom you grant the right to access the Service through your account as an administrator and/or agent as identified through a unique login ("admin"), or as an end-user connecting with you or your admins via the service ("employees"), subject to these Terms and all modifications thereto and/or other rules that may be published from time to time by Payboy. From time to time, we may notify you of updates or modifications to or new versions of the Service and your usage of the updated or new versions of the Service, or your continued use of the Service and/or access to the Site confirms your acceptance of the new or updated Service, Site and these Terms. Your failure to accept such revisions, updates or modifications may entitle Payboy to terminate the Service, your Subscription (as defined below) or your access to the Site, in accordance with clause 9.1 below. It is your responsibility to periodically check the Site for any amendments to these Terms.

2. General Conditions and Restrictions

2.1. During the term of your subscription to the Service ("Subscription", and such term, the "Subscription Period"), you have the limited right to use the Service solely for your own internal, personal or limited commercial use as an online platform to communicate with your employees. The terms of your Subscription, including without limitation, the fees for the Service, the Subscription Period and the number of admins or employees permitted, shall be set out in the relevant "Subscription Plans" page provided by and entered with Payboy ("Subscription Plan"). In the event that there are any changes to the applicable fees or the Subscription Plan(s), we will communicate such changes to you in advance and, if applicable, how to accept those changes. The Subscription Plan shall form an integral part of your Agreement with Payboy (if applicable).

2.2. All users will be provided with a 14-day free trial to the selected modules by users and benefits upon subscription. Following the trial, your account will automatically be deactivated. At any time, users can subscribe to our paid plans, by keying in the appropriate information on the Site’s "Subscription" page. In the event a user decides to unsubscribe, no credits will be refunded to that user, and the user shall be allowed to access until the end of the billing cycle.

2.3. You agree to provide information as required by Payboy, and represent that all provided shall be true, accurate, current and complete. You agree not to transfer, lease, rent, assign, sublicense or resell the Service, in whole or in part, unless you are an authorised partner of Payboy and only pursuant to a separate partners' agreement entered into between you and Payboy ("partners' agreement"), and you further agree not to allow any third party other than your admins and employees to access the Service. You are responsible for compliance with the provisions of these Terms by your admins and employees and for any and all activities that occur under your account.

2.4. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the service (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Service (and, to the extent applicable, the Software (as defined below)) and complies with all configurations and specifications set forth in Payboy’s published policies then in effect.

2.5. You understand and acknowledge that we have no obligation to monitor any portion of the Service or Site, including without limitation, data, information, feedback, suggestions, text, images, links, content and other materials uploaded, posted, delivered, published, provided or otherwise linked, transmitted or stored (hereafter, "post" or "posted") by you, your admins or your employees (collectively, "your Content"). By posting your Content on or through the Service or Site, subject to our privacy policy, as amended, modified or supplemented from time to time ("Privacy Policy"), you hereby do and shall grant Payboy a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and post your Content as necessary to provide the Service. You acknowledge that you bear sole responsibility for your Content, including (a) making any determination as to whether you have the legal right to post, store, reproduce or otherwise make use of your Content in the manner contemplated by you; and (b) complying with all relevant domestic and international laws and any other legal obligations associated with your Content, including, but not limited to, copyright, trademark or other intellectual property, trade secret, defamation, privacy, decency, security and export laws. You acknowledge and agree, however, that Payboy shall have the right to monitor the Service and Site, and disclose any information or Content as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service and Site properly, or to protect the Service and Site, without providing you any prior notice.

2.6. While Payboy strives to protect personal information and privacy, we cannot always guarantee the security of any information you disclose online. You acknowledge by entering into this Agreement (as defined below) that you are aware of our limitations with respect to security and privacy and that Payboy will have no liability to you for any unauthorised access or use of any of your Content, or any corruption, tampering, deletion, destruction or loss of any of your Content.

2.7. As part of the registration process, you and each admin may be required to identify a user name and password for your account ("login credentials"). You agree and acknowledge that each admin will be identified by a unique login credential and that an admin login credential may only be used by one (1) individual. You will not share an admin login credential among multiple individuals. You and your admins are responsible for maintaining the confidentiality and security of all login credentials for your account. Subject to any limitation on the number of individual admin or employees available under your Subscription Plan, access to and use of the Service is restricted to the specified number of individual admins permitted under your Subscription Plan.

2.8. You and your admins are responsible for maintaining the confidentiality and security of your and your admins’ login credentials and agree to immediately notify us of any unauthorised use of the Service or any other breach of security related to the Service or Site known to or suspected by you and/or your admins. Payboy assumes no responsibility for the deletion of or failure to store electronic messages, communications, or other information or other Content submitted by you, your admins or your employees using the Site or Service, whether submitted as part of the Service or otherwise.

2.9. You shall comply with any codes of conduct, policies or other notices that Payboy provides you or publishes on the Site in connection with the Service and use or access of the Site. If you violate any these Terms, you, your admins and employees may be permanently or temporarily banned from using the Service or accessing the Site at Payboy’s sole and absolute discretion.

2.10. You agree not to use the Service and/or the Site (as applicable):
(a) to display, upload or promote obscene, indecent, pornographic or sexually explicit activities or content;
(b) to promote or engage in abusive, threatening, inflammatory, hateful, harmful, harassing, libellous or violent behaviour;
(c) to promote or engage in discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(d) to promote or engage in illegal activities, unfair or deceptive practices or violate the applicable law;
(e) to violate the intellectual property rights of third parties in a manner that has the potential to interfere with the use and enjoyment of the Service or Site by others, or the deployment, administration or operation of the Service or Site by Payboy;
(f) to use, or misuse, in any way which may impair the functionality of the Service or the Site, or other systems used to deliver the Service or Site, or impair the ability of any other user to use or access the Service or Site;
(g) interact with Payboy, its officers, directors, employees, advisors, parents, subsidiaries, affiliates, admins, agents, successors or assigns ("Payboy Officials") or Payboy’s other representatives, or any other user of the Site or Service in a disrespectful and/or uncivil manner;
(h) to post, store or transmit any Content that:-
you do not have a right to post under any law or under contractual or fiduciary relationships, or which would infringe on the intellectual property rights of any other party;
contains software viruses, worms, spyware, malware, adware or other harmful or malicious software, programs, routines, applications or technologies or any other computer code, files or programs designed to interrupt, destroy or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
poses or creates a privacy or security risk to any person;
constitutes, transmits or stores unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or
is otherwise objectionable in Payboy’s sole and absolute judgment;
(i) to solicit, harvest or collect personal information or any information regarding anyone by whatever any means (electronic or otherwise) for the purposes of sending unsolicited emails or other unsolicited communications or any other authorised purpose;
(j) to advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;
(k) to modify, adapt, hack or tamper with the Service, or otherwise attempt to gain unauthorised access to the Service, the Site or its related systems or networks;
(l) to sell, sub-licence, lease, transfer, dispose or otherwise assign your account or allow any person other than your admin and employee to access or use your Subscription or account;
(m) to copied, reproduce, distribute, republish, display, post or transmit any part of the Service or Site in any form or by any means to any third parties;
(n) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any part of the Service or Site; or
(o) to access or use the Service or Site to build a similar or competitive product or service.

2.11. Payboy reserves the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, Payboy deems unacceptable, undesirable, inappropriate or in violation of any law or these Terms.

2.12. In addition to Payboy’s rights as set forth below in the termination section of these Terms, Payboy reserves the right, in its reasonable discretion, to temporarily suspend your access to and use of the Service or Site:
(a) during planned downtime for upgrades and maintenance to the Service or Site (of which Payboy shall use commercially reasonable efforts to notify you in advance);
(b) during any unavailability caused by circumstances beyond Payboy’s reasonable control, such as, without limitation, technical failures beyond Payboy’s reasonable control (such as, without limitation, inability to access the internet or failure of infrastructure systems), acts of war, acts of terror or other civil unrest, acts of vandalism, natural disaster or other acts of god, strikes, unavailability of energy sources, acts of government, pandemics, epidemics or acts undertaken by third parties, including without limitation, distributed denial of service attacks collectively, "Force Majeure Events"); or
(c) if Payboy suspects or detects any malicious software connected to your account or use of the Service or Site by you, or your admins or employees.

3. Grant of Limited License

3.1. Any software that may be made available by Payboy in connection with the Service ("Software") contains proprietary and confidential information that is protected by the applicable intellectual property and other laws. Subject to the terms and conditions of this Agreement, Payboy grants to you a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service and/or Site in accordance with these Terms during the term of this Agreement.

3.2. The Service is provided on an "as is" and "as available" basis. You agree not to do any of the following:
(a) copy the source code of the Service, the Software or its content, translate the Service, the Software or its content,
(b) reverse engineer (or make any attempt to discover the source code of the Service or Software), disassemble, modify, decompile, alter, duplicate, or make copies of the Service, the Site, or the Software, harass, threaten, embarrass or cause distress or discomfort to any Payboy Official or Payboy’s other representatives, employees, or any other individual or entity,
(c) access the Service by any means other than through the interface that is provided by Payboy for use in accessing the Service, impersonate any other person or entity, including without limitation any Payboy Official, or misrepresent your affiliation with Payboy or any other person or entity, or send unsolicited bulk emails (spam) with a link to the Service (including button codes or monitor tags) or the Site, or a link to a website that contains a link to the Service or Site.

4. Intellectual Property Rights and Privacy

4.1. You acknowledge and agree that Payboy is the sole owner of the Service, Site and Software, including without limitation, all applicable copyrights, patents, trademarks, trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. You acknowledge that no title to the intellectual property in the Service, Site and Software transfers to you as a result of your Subscription or access and/or use of the Service. You further acknowledge that title and full ownership rights to the Service will remain the exclusive property of Payboy and you will not acquire any rights to the Service except as expressly set forth herein. You are not permitted to disseminate any information that is made available to you, as a licensee, by Payboy, including without limitation, login credentials. Any rights not expressly granted herein are reserved.

4.2. Any data, whether personally identifiable data or otherwise, collected by Payboy in the course of fulfilling its obligations under this Terms shall be used by Payboy in accordance with our Privacy Policy, available at https:///privacy. The terms of the Privacy Policy are an integral part of these Terms and are deemed to be incorporated into these Terms, such that any reference to the "Terms" shall include the terms of the Privacy Policy as so incorporated.

5. Intellectual Property Rights and Privacy

5.1. The Service is provided "as is, as available" without warranty of any kind, either express or implied. Without limiting the foregoing, and to the maximum extent possible under applicable law, Payboy specifically disclaims any and all warranties, representations or endorsements, including, but not limited to: any warranties concerning the availability, use or access, accuracy, security, usefulness, interoperability, or content of the Service, Software or Site; and any warranties of non-infringement, title, merchantability or fitness for a particular purpose. This disclaimer applies to any damages or injury caused by the Service, Software or Site, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record.

5.2. It is your sole responsibility to isolate the Service and execute anti-contamination services and otherwise take steps to ensure that services or other information obtained from the Service, Software or Site, if contaminated or infected, will not damage your information or system. Payboy makes no warranty regarding any transactions entered into through, or your use or access to, the Service, Software or Site. No advice or information, whether oral or written, obtained by you from Payboy, shall create any warranty not expressly made herein. Payboy assumes no responsibility for the deletion or failure to store, deliver or timely deliver any information and you use or access the Service, Software and Site at your own risk.

6. Limitation of Liability

6.1. In no event shall Payboy, Payboy Officials or Payboy’s other representatives, be liable to you or any person: for any indirect, special, punitive, incidental or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information and the like), in any way arising out of the delivery, performance, or use of the Service, Software and/or Site, even if Payboy shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the service, or any other software or other content. In jurisdictions that do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, Payboy's liability shall be limited to the fullest extent permitted by the applicable law.

6.2. Notwithstanding any other provision to the contrary, to the fullest extent permitted under applicable laws, you agree that in no event will Payboy's total liability exceed the total of the fees, if any, paid by you for your Subscription during the 12-month period immediately preceding the alleged claim or alleged cause of action.

7. Export Restrictions

7.1. You agree that you will not share the Service or Software to any country, person, entity, or end user in violation of the Republic of Singapore's export restrictions.

8. Indemnification

8.1. Payboy will indemnify and hold you harmless, from and against any claim against you by reason of your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an "IP Claim"). Payboy shall, at its expense, defend such IP Claim and pay any damages finally awarded by a court or administrative tribunal against you and/or Payboy in connection with such IP Claim, including the reasonable legal fees and expenses incurred by Payboy for such defence, provided that:-
(a) you promptly, and as soon as reasonably possible, notify Payboy in writing of the threat or notice of such IP Claim;
(b) Payboy will have the sole and exclusive control and authority to select the defence attorneys to defend and/or settle any such IP Claim; and
(c) at Payboy’s expense, you fully cooperate with and provide all reasonable assistance to Payboy in connection therewith.

8.2. If use of or access to the Service or Site by you, your admins or employees has become, or in Payboy’s sole and absolute opinion is likely to become, the subject of any such IP Claim, Payboy may at its sole and absolute discretion and expense:-
(a) allow you the right to continue using the Service or Site as set forth in these Terms and/or any other terms and conditions which Payboy shall impose;
(b) replace or modify the Service or Site to make it non-infringing; or
(c) if options (a) or (b) are not commercially and reasonably practicable as determined by Payboy in its sole and absolute discretion, terminate your Subscription and repay you, on a pro-rated basis, any prepaid portion of fees attributable to the remainder of the term of your Subscription that is unutilised.

8.3. Payboy will have no liability or obligation under this indemnification section with respect to any IP Claim if such claim is caused in whole or in part by, directly or indirectly:-
(a) compliance with designs, data, instructions or specifications provided by you;
(b) modification of the Service, Software or Site by anyone other than Payboy; or
(c) the combination, operation or use of the Service, Software or Site with any other hardware or software where the Service would not by itself be infringing.

8.4. The provisions of this indemnification section state the sole, exclusive and entire liability of Payboy to you (if any), and shall constitute your sole and only remedy with respect to an IP Claim brought by reason of access to or use of the Service or the Site by you, your admins or employees.

8.5. By using or accessing the Service or Site, you agree to indemnify and hold Payboy harmless from and against any claims brought by third parties against Payboy arising in connection with or related to the use or access of the Service or Site by you, your admins or employees in breach of any of the provisions, terms or conditions set forth in this Agreement, provided that Payboy promptly notifies you of the threat or notice of such a claim.

9. Renewal/Cancellation

9.1. Either Payboy or you may terminate this Agreement (including without limitation, your Subscription Plan) as of the end of your then-current Subscription Period upon written notice to the other, on or prior to the date thirty (30) days preceding the end of such Subscription Period.

9.2. Unless your Subscription Plan is so terminated in accordance with clause 9.1 above, your Subscription Plan will automatically renew for a further Subscription Period equivalent in length to the then-expiring Subscription Period. Unless otherwise agreed to in writing, the fees applicable to your Subscription Plan for any such subsequent Subscription Period shall be Payboy’s standard fees then existing for the subscription plan to which you have subscribed as at the time such subsequent Subscription Period commences.

9.3. No refunds or credits for fees or payments will be provided to you if you elect to terminate your Subscription Plan prior to the end of your then-effective Subscription Period. Following the termination or cancellation of your Subscription Plan, and subject to our Privacy Policy, Payboy reserves the right to delete all your Content in the normal course of our operations. You understand and agree that your Content cannot be recovered once your Subscription is canceled.

9.4. If you terminate your Subscription Plan prior to the end of your then-effective Subscription Period, or Payboy effects such termination or cancellation under these Terms, then in addition to other amounts you may owe Payboy, you must immediately pay any then unpaid Subscription charges associated with the remainder of such Subscription Term. Such amounts and charges will not be payable by you in the event you terminate your Subscription to the Service or cancel your account as a result of a material breach of these Terms by Payboy, provided that you provide advance written notice of such breach to Payboy and afford Payboy not less than thirty (30) days to reasonably cure such breach.

9.5. Payboy may, in its sole and absolute discretion, terminate, discontinue or modify the Service or Site or your use of the Service or Site (or any part thereof), permanently or temporarily, if Payboy believes that you, your admins or employees have violated any these Terms. Payboy will endeavour to give you advance notice or the suspension or termination of such access or use. However, there may be time sensitive situations where we may decide that we may need to take action without notice. Payboy shall not be liable to you, your admins, your employees or any other third party for any such modification, suspension or discontinuation of your rights to access and use the Service or Site. Any suspected fraudulent, abusive, or illegal activity by you, your admins or employees may be referred to the relevant law enforcement authorities at Payboy’s sole and absolute discretion. We reserve the right to pursue legal action if we deem necessary.

9.6. Upon the termination of your Subscription Plan for any reason whatsoever, you will immediately cease all use of the Service and any documentation provided to you and return or destroy all copies thereof (whether in physical, electronic or other medium). Your right and license to use the Service shall immediately cease upon termination. You shall thereafter have no right, and Payboy shall have no obligation, to forward your Content or any messages or information to you, your employees or any other third party. Except as otherwise expressly provided herein, all accrued rights to payment and all sections of these Terms which by their nature should survive termination will duly survive termination, including, without limitation, restrictions on the use of the Service and Site, payments obligations for any amounts owed, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve the right to apply for all other available remedies in contract, law or equity.

10. Subscription fees and subscription period

10.1 To the extent the Service or any portion thereof is made available for any fee, you will be required to select a Subscription payment plan which is described fully on our pricing page and provide Payboy information regarding your credit card or other payment instrument. You represent and warrant to Payboy that such information is true, accurate and recent, and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Payboy the amount that is specified in your selected Subscription payment plan in accordance with the terms of such Subscription Plan. You hereby authorise Payboy to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable Subscription Plan until you terminate your Subscription Plan, and you further agree to pay any charges so incurred. If you dispute any charges you must let Payboy know within sixty (60) days after the date that Payboy bills your payment instrument. Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments (collectively "Taxes"). You shall be responsible for all Taxes associated with your Subscription Plan.

11. Force Majeure

11.1 Payboy shall not be liable to you, your admins, employees or any other person for any delay or failure in the performance of this Agreement, provision of the Service and/or access to the Site, or for any loss or damage of any nature whatsoever suffered by you or such persons due a Force Majeure Event, as defined above.

12. Assignment

You shall not assign, transfer, sub-contract or in any other manner make over to any third party the rights, benefit and/or obligations under this Agreement without the prior written consent of Payboy.

13. Publicity

You hereby grant to Payboy a non-exclusive, perpetual, sublicensable, royalty-free licence to Payboy to use, display and reproduce your trade name(s), corporate mark(s) and logo(s) to identify you as a customer of Payboy in connection with corporate publicity or marketing purposes.

14. Audit

14.1 Payboy shall, upon at least 90 days' written notice, permit Company and/or its designated admin or auditors to conduct an on-premises audit of Payboy's facilities, documents, records and/or data during normal business hours for the purposes of verifying compliance with the terms of this Agreement, provided that each of such audit: (a) is carried out no more than 1 times and no more than 8 hours in every 12-month period following the commencement of this Agreement, (b) does not unreasonably interfere with the business or operations of Payboy, (c) is carried out at Company's sole cost and expense, and (d) is subject to applicable laws and any third party confidentiality restrictions and obligations. During such audit, Company shall, and shall procure that its designated admin or auditors, comply in all material respects with Payboy's reasonable requirements relating to security, health and safety and confidentiality.

15. Export and jurisdictional issues

15.1 Each party to this Agreement (a "Party", and collectively, the "Parties") shall comply with the export laws and regulations of the Republic of Singapore and other applicable jurisdictions in providing and using the service. Without limiting the generality of the foregoing, you shall not make the Service available to any person or entity that:
(a) is located in a country that is subject to a Singapore government embargo or sanction; or
(b) is listed on any Singapore government list of prohibited or restricted parties.

15.2 We make no representation that Content made available on this Site or through the Service or Software is appropriate or available for use outside Singapore. Those who choose to access and use the Service or Software from outside Singapore do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services or Site, you have consented to having your Personal Data (as defined in our Privacy Policy) transferred to and processed in Singapore, subject to the restrictions on such data as provided in our Privacy Policy as may be updated from time to time.

16. Other services

16.1 You may be able to integrate, enable, access or use third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or which you may connect to, integrate, or enable in conjunction with the Service, including, without limitation, products or services provided by affiliates of Payboy (collectively, "Other Services"). If you decide to integrate, enable, access or use Other Services, you understand and agree that your access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and Payboy does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including your Content) or any interaction between you and the provider of such Other Services. You irrevocably waive any claim against Payboy with respect to such Other Services. Payboy is not liable for any damage or loss caused or alleged to be caused by or in connection with your integration, enablement, access or use of any such Other Services, or your reliance on the privacy practices, data security processes or other policies of such Other Services. You may be required to register for or log into such Other Services on their respective websites. By integrating, enabling any Other Services, you are expressly permitting Payboy to disclose your account credentials as well as your content as necessary to facilitate the integration or enablement and use of such Other Service.

17. Miscellaneous

17.1 These Terms (including the Additional Terms and Amended Terms, if any), the Privacy Policy, Subscription Plan, as applicable (the "Agreement") constitute the entire agreement, and supersede any and all prior agreements, negotiations, communications or understandings between you and Payboy with regard to the subject matter hereof. This Agreement shall apply in lieu of the terms or conditions in any purchase order or other order documentation you or any entity which you represent provide (all such terms or conditions shall be null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either Party with respect to the subject matter hereof.

17.2 Notwithstanding the foregoing, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the relevant feature. In the event of any conflict between these Terms and the Additional Terms, the Additional Terms will prevail.

17.3 Payboy may amend these Terms from time to time ("Amended Terms"), in which case the Amended Terms will supersede any prior versions. Payboy may but is under no obligation to notify you via the Site or your account prior to the effective date of the Amended Terms. Your continued use of the Service and/or access to the Site following the effective date of the Amended Terms may be relied upon by Payboy as your consent to the Amended Terms. Your failure to accept such revisions, updates or modifications may entitle Payboy to terminate the Service, your Subscription or your access to the Site, in accordance with clause 9.1. It is your responsibility to periodically check the Site for any amendments to these Terms.

17.4 If any part of this Agreement is held by a court of any jurisdiction to be illegal, invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the Parties, and the remaining portions shall remain in full force and effect.

17.5 You may not assign, transfer, sublicense or pledge this Agreement without the prior written consent of Payboy. Payboy may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your prior consent.

17.6 Nothing in this Agreement shall constitute a partnership or establish a relationship of principal and agent or any other relationship of a similar nature between or among the Parties.

17.7 A person or entity who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.

17.8 Any waiver (express or implied) by Payboy of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of this Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorised officer of Payboy.

17.9 By entering into this Agreement, you acknowledge that you are transacting business with Payboy in the Republic of Singapore. This Agreement and any disputes arising thereof, including without limitation, any questions regarding its existence, validity or termination of the same, or in relation to your access or use of the Service of the Site shall therefore be governed in all respects by the laws of the Republic of Singapore, without regard to the principles of conflicts of law and, unless otherwise elected by Payboy in a particular instance, the Parties hereby submit to the exclusive jurisdiction of the Singapore. In the event of any of the abovementioned dispute(s), the Parties shall at first instance take reasonable efforts to settle and resolve such disputes in good faith and in an amicable manner by negotiation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any thoughts or questions about this Terms of Service, please contact our Support Team at support@payboy.biz.