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OCTOROCKET TERMS OF USE

1. Acceptance of these Terms of Use

1.1 These Octorocket Terms of Use ("Terms of Use") govern your use of the Octorocket Website.

1.2 By using and / or browsing the Octorocket Website, you agree that you have read, understood and agree to be bound by these Terms of Use.

1.3 If you do not agree with these Terms of Use, in whole or in part, please discontinue using and / or browsing our Website immediately.

1.4 These Terms of Use incorporates our Privacy Policy and any Additional Policies. We may assign or change any part or parts of our rights under these Terms of Use without your consent or prior notification. The Terms of Use and Privacy Policy constitute a legally-binding agreement between us and you.

2. Definitions and Interpretation

2.1 References to "we", "us" and "our" are to Octorocket Pte. Ltd., trading as Octorocket.

2.2 Unless otherwise defined in these Terms of Use, these Terms of Use adopts the definitions as set out in the Octorocket General Terms and Conditions (Definitions and Interpretation section) available at www.octorocket.asia.

2.3 In these Terms of Use, the following definitions shall also apply:

"Administrator" means an administrator of Accounts registered under a single End User, where the End User is a business.

“Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Octorocket Website, whether as an End User or otherwise.

“Additional Policies” means any and all other operating rules, policies, and / or guidelines in addition to the Terms of Use, that may govern the use of the Octorocket Website and which is made known to you from time to time.

"Data" is defined in Clause 14.1.

"End User" means any individual or company that is using or is browsing, or has used or browsed the OctoRocket Website.

"GTCs" means the Octorocket General Terms and Conditions found on the Octorocket Website.

“Password” means the password which you may be required to create, provide and use in order to create and use an Account.

“Submitted Content” is defined in Clause 7.1.

"you" and "your", as applicable, means you as an End User, which includes Administrators.

3. Function and Purpose

You acknowledge that the Octorocket Website functions as an online platform for End Users to connect with Suppliers for the purposes of transacting to respectively receive and provide Products.

4. Representations, warranties and undertakings in using the OctorocketWebsite

By using or participating in the Octorocket Website, you represent, warrant and undertake that:

(a) you are at least eighteen (18) years of age;

(b) you are or intend to be either a Supplier or End User;

(c) you have the authority to enter into and accept these Terms of Use;

(d) all registration or other information that you are required to submit in order to gain full use of this Octorocket Website for your intended purpose as a Supplier or End User is true and accurate and that you will maintain the accuracy of such information;

(e) your use of the Octorocket Website and Products offered through this Octorocket Website do not violate any applicable law or regulation which you are subject to; and

(f) you agree to make payment, if required, for any Products requested through the use of the Octorocket Website (if any).

5. Licence

We hereby grant you a limited, non-exclusive, revocable (with or without cause), non-transferable license to use the Octorocket Website as set forth in these Terms of Use, provided however that:

(a) you will not copy, distribute, or make derivative works of the Octorocket Website in any medium without our prior written consent;

(b) you will not alter or modify any part of the Octorocket Website other than as may be reasonably necessary to use the Octorocket Website for its intended purposes; and

(c) you will otherwise act in accordance with these Terms of Use and with all applicable laws.

6. Account

6.1 You may generally use and browse the Octorocket Website without registering or providing your personal details. However, in order to access and utilise the full facilities and features of the Octorocket Website, you and/or the Administrator may be required to create an Account or Accounts in the case of an Administrator. To create an Account, you must provide and submit your name, email address and/or create a Password. You may also provide additional optional information at your discretion, which is not required to create an Account but which will help us to provide you with a more customised experience when using the Octorocket Website.

6.2 Administrators have to set up their own Accounts in order to use the Octorocket Platform. They are provided with certain administrative rights to administer Accounts associated with the respective businesses, which include the option to create up to 4 other Accounts, or such other number of Accounts as Octorocket may, from time to time and in its sole and absolute discretion, determine.

6.3 You are solely responsible for safeguarding your Password and will keep your Password secure at all times. You will be solely responsible for all activity that occurs on your Account and you shall notify us immediately of any breach of security or any unauthorised use of your Account. Similarly, you will never use another person's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Octorocket Website and/or the Products offered through the Octorocket Website. You hereby acknowledge and agree that we will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding, you may be liable for our losses or the loss of others due to such unauthorised use.

6.4 In addition and in connection with the use of your Account, you acknowledge and agree that:

(a) you will not copy or distribute any part of the Octorocket Website in any medium without our prior written authorisation;

(b) you will not alter or modify any part of the Octorocket Website other than as may be reasonably necessary to use the Octorocket Website for its intended purpose;

(c) you will provide accurate and complete information when creating your Account;

(d) you will not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Octorocket Website for any purpose without our prior written approval;

(e) you will not in any manual or automated manner collect Suppliers’ or End Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Octorocket Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site;

(f) you will not act in any way that transmits more request messages to our servers, or any server of our subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. We reserve the right to revoke these exceptions either generally or in specific cases;

(g) you will not recruit, solicit, or contact via any other medium apart from Octorocket, any Supplier or End User for employment or contracting for a business not affiliated with us without prior written authorisation from us;

(h) you will not take any action that (i) unreasonably encumbers or, in our sole discretion, may unreasonably encumber the Octorocket Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Octorocket Website or any third-party participation in the Octorocket Website; or (iii) bypasses our measures that are used to prevent or restrict access to the Octorocket Website; and

(i) you will not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Octorocket Website, nor to use the communication systems provided by the Octorocket Website for any commercial solicitation purposes outside of the scope of these Terms of Use or the GTCs.

7. Your Submitted Content – Prohibitions, Representations and Warranties

7.1 You will not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Octorocket Website including but not limited to (i) your profile; (ii) the posting of your Products; (iii) the posting of your desired Products; or (iv) the posting of any opinions or reviews in connection with the Octorocket Website, the Products, the Supplier, or the End User (collectively referred to as "Submitted Content") that:

(a) misrepresents the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any Suppliers, provides or create links to external sites that violate this Terms of Use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;

(b) invades anyone's privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;

(c) contains falsehoods or misrepresentations that could damage us or any third party;

(d) is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;

(e) is in whole or part copyrighted, protected as a trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the license rights granted therein;

(f) is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;

(g) intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers through any means;

(h) advertises or solicits a business not related to or appropriate for the Octorocket Website (as determined by us in our sole discretion);

(i) contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", unsolicited commercial advertisement, advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests;

(j) distributes or contains viruses or any other technologies that may harm us or the interests or property of our users;

(k) contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;

(l) is irrelevant content; or

(m) contains identical content to other open postings you have already posted, or uses any form of automated device or computer programme that enables the submission of postings without our express written consent.

7.2 You will not send messages to other users whom you have made contact with via or through the Octorocket Website, whether by way of the Chat Service or otherwise, containing:

(a) offers to make national or international money transfers for amounts exceeding the asking price of a Product, with intent to request a refund of any portion of the payment;

(b) offers to enter into a separate agreement for the provision of a Product with the other party (the Supplier or the Customer, as the case may be) outside of the Octorocket Website;or

(c) unsolicited advertising or marketing of a service that is (i) not offered on the Octorocket Website; or (ii) is offered on an external website.

7.3 While using the Octorocket Website, you agree that you will not:


(a) violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;

(b) fail to deliver payment for Productspurchased by you, unless the Supplier has materially changed the description of the Productsafter you negotiate an agreement for such Products, a clear typographical error is made, or you cannot authenticate the Supplier’s identity;

(c) circumvent or manipulate any fee structure or billing process that we may have or implement;

(d) post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Octorocket Website user);

(e) take any action that may undermine any feature that we have or may come up with for the purposes of the Octorocket Website;

(f) leave any untrue or inappropriate feedback about a Supplier and you will at all times use careful and good judgment in leaving any feedback; or

(g) post content or items in any inappropriate category or areas on the Octorocket Website.

7.4 You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:

(a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;

(b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and

(c) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Octorocket Website.

7.5 You retain all of your ownership rights in your Submitted Content. You hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to link, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Octorocket Website and our business operations, including without limitation, for the promotion and redistribution of any part or all of the Octorocket Website (and any derivative works in any media formats and through any media channels).

7.6 You also hereby grant each user of the Octorocket Website a non-exclusive license to access your Submitted Content through the Octorocket Website, and to read and use, such Submitted Content as permitted through the functionality of the Octorocket Website and under these Terms of Use.

8. Disclaimers and Right to Remove Submitted Content

8.1 We do not endorse any Submitted Content or any opinion, recommendation, or advice provided by any users and we expressly disclaim any and all liability in connection with all Submitted Content.

8.2 We do not permit copyright infringing activities and infringement of Intellectual Property Rights on the Octorocket Website, and we will remove any Data or Submitted Content in our sole discretion, upon being notified or having reason to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. We may take any action or steps we deem fit in our sole discretion against such infringer.

8.3 We reserve the right in our sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.

8.4 You acknowledge and understand that when using the Octorocket Website, you will be exposed to Submitted Content:

(a) from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content; and

(b) that is or may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against us, and agree to indemnify and hold us, our owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Octorocket Website.

8.5 You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Octorocket Website, or transmit to other Octorocket Website users. You understand and agree that we may, in our sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Octorocket Website users or others.

9. Suppliers

9.1 If you are an individual using the Octorocket Website and / or have registered for an Account as a Supplier, you represent and warrant that you have the authority to bind the individual and / or company that is responsible for and operates the business as a Supplier and your acceptance of the Terms of Use will be deemed an acceptance by that Supplier.

9.2 By signing up, registering or creating an Account on the Octorocket Website as a Supplier, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and / or (ii) provision of your Products.

9.3 Suppliers, unless provided for in the GTCs or these Terms of Use, or otherwise authorisedagree not to:

(a) register or list on the Octorocket Website in a category of Productswhich they do not offer or that is irrelevant to or inappropriate for the Productsthey are offering;

(b) misrepresent the location(s) at which they will provide Products;

(c) include third party brand names or other inappropriate keywords in their profile, title or any posting, messages or submission made in or through the Octorocket Website;

(d) use misleading titles, words or phrases that do not accurately describe the Productsthey provide;

(e) include any information in their profile that is fraudulent or otherwise incorrect;

(f) do anything to circumvent or avoid any fees that we may charge;

(g) use their profile or the Octorocket Website for promoting

i. products or goods;

ii. Productswhich are not offered by the Supplier through the Octorocket Website;

iii. Productswhich are not a recognised category on the Octorocket Website;

iv. any website, service, product, party or anything not directly related to their Productsor otherwise prohibited by us in our sole discretion from time to time; or

v. any services that may be prohibited under law;

(h) solicit End Users or any person to pay or do anything not specifically permitted by these Terms of Use or by us as we may in our sole discretion determine from time to time;

(i) offer or solicit any products or services or do anything that contravenes these Terms of Use, the Privacy Policy or any laws.

10. Customers

Customerswill not:

(a) commit to purchasing or using Productswith no intention of paying for such Products;

(b) sign up, request or negotiate a price for, use, or otherwise solicit Products(i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Products; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;

(c) request for or agree to purchase Productswhen (i) you know, have reason to believe or have been put on notice that you do not meet the Supplier’s terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.

11. Confidentiality

11.1 Except provided for in our Privacy Policy, you acknowledge and agree that we do not guarantee any confidentiality with respect to any Submitted Content by users, including without limitation, your profile or information conveyed, posted or shared by you, that is hosted and / or published on the Octorocket Website.

12. Modifications to these Terms of Use or Privacy Policy

12.1 We reserve the right, in our sole discretion, to change, modify or otherwise amend the Terms of Use and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes. Your use of the Octorocket Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Octorocket Website.

13. Termination

13.1 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Octorocket Website or any part thereof with or without notice and in its sole discretion. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of our services.

13.2 If you breach any of these Terms of Use, in addition to any of the other remedies under these Terms and at law we are entitled to claim against you, we will have the rights to do any or all of the following:

(a) Limit or remove entirely your profile on the Octorocket Platform;

(b) Restrict or remove your access to the Octorocket Platform;

(c) Where you acted fraudulently or provided inaccurate information to us, remove your access to the Octorocket Platform without any refunds for any fees or other monies paid to us; and/or

(d) Delete or modify any of the content you upload onto the Octorocket Platform.

13.3 Upon termination of your Account, your right to participate in the Octorocket Website in any way shall automatically terminate.

13.4 Upon termination, the following shall apply:

(a) your Account may be disabled henceforth and you may not be granted access to your Account or any files or other data contained in your Account;

(b) however, such residual data may remain in our system;

(c) all licenses granted to you will immediately terminate;

(d) we will not be liable to you or any third party for any termination of your access to the Octorocket Website. We retain the right to use any data collected from your use of the Octorocket Website;

(e) all related licenses you have granted us hereunder shall remain in effect for the foregoing purpose. In no event are we obligated to return any Submitted Content to you; and

(f) all terms and conditions and rights in our favour survive termination and remain for our full benefit.

13.5 You agree to indemnify and hold us, and our officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.

13.6 You are not allowed to terminate your account if there are any outstanding Orders. For the avoidance of doubt, outstanding Orders includes Orders where there are existing disputes between the Supplier and the Customer, or incomplete payments pursuant to the Orders.

14. Intellectual Property Rights

14.1 The content on the Octorocket Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by us or our related corporations (“Group”), subject to copyright and other intellectual property rights under applicable laws and international conventions. Such Data and / or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in such Data and Marks. All other trademarks, names and logos on the Octorocket Website are the property of their respective owners.

14.2 Data on the Octorocket Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

14.3 We reserve all rights not expressly granted in and to the Octorocket Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Octorocket Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Octorocket Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Octorocket Website or the Data therein.

15. Disputes

15.1 Unless otherwise provided for in the GTCs, your interactions with other users, whether individuals, companies and/or organizations and whether Supplier or End Users, found on or through the Octorocket Website, including payment of and performance of any Product, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.

15.2 You understand and acknowledge that deciding whether to:

(a) purchase the Productsof a Supplier;

(b) provide Productsto a Customer;

(c) use the services of any third party (including but not limited to logistics services providers) via the Octorocket Website; or

(d) use information contained in any Submitted Content,

this is your personal decision, for which you alone are responsible. You understand that we do not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Octorocket Website and/or the accuracy or suitability of any advice, information, or recommendations made by any user.

15.3 In the event of any dispute between you and an End User, Supplier or any other third party or user in relation to the Octorocket Website, such dispute shall be resolved between you and such End User, Supplier or any third party or user, and we shall not have or hold any responsibility, liability or obligation in relation thereof.

15.4 Under any event, you agree that we shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between users on the Octorocket Website, or between users and any third party, you acknowledge and agree that we are under no obligation to be involved. In the event that a dispute arises between you and one or more users or any third party, you hereby release us, our officers, managers, members, directors, employees, attorneys, agents, representatives and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Octorocket Website or any service provided thereunder.

16. Advertisements and Third Party Links

16.1 Aspects of the Octorocket Website and our other services may be supported by advertising revenue. As such, we may display advertisements and promotions on the Octorocket Website. The manner, mode and extent of advertising by us on the Octorocket Website are subject to change and the appearance of advertisements on the Octorocket Website does not necessarily imply endorsement by us of any advertised products or services. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Octorocket Website.

16.2 The Octorocket Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Octorocket Website using your existing account and log-in credentials for such third-party websites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and are not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Octorocket Website, links to third-party sites should in no way be considered as or interpreted to be our endorsement of such third-party sites or any product or service offered through them.

16.3 We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.

16.4 You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Octorocket Website to visit other websites, you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Octorocket Website, and you accept all responsibility thereof. Your dealings and communications through the Octorocket Website with any party other than us are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

17. Disclaimer of Warranties, Limitation of Liability and Indemnities

17.1 You expressly acknowledge and agree that the use of the Octorocket Website is at your sole risk. We, our officers, directors, employees and agents make no warranties and/or representations and disclaim all warranties, representations and/or conditions whether express or implied arising or resulting from or under and in connection with the Octorocket Website and from your use or inability to use thereof, including but not limited to:

(a) the accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and non-infringement of third party rights of the Octorocket Website or any service that we provide;

(b) any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Octorocket Website (whether by us or any third party through the Octorocket Website);

(c) any unauthorized access to or use of the Octorocket Website or our servers, data or information;

(d) any cessation, termination or disturbance of transmission to or from the Octorocket Website;

(e) any computer viruses, worms, trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the Octorocket Website whether due to the actions of any third parties or otherwise;

(f) any transaction or transmission between you and any third party provider of products or services of any kind in any medium whatsoever;

(g) any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the Octorocket Website or otherwise.

17.2 You expressly acknowledge and agree that to the fullest extent permitted by law, in no event shall we, our officers, directors, employees, agents and representatives be liable for any direct, indirect, incidental, special, general, punitive, exemplary, consequential damages or any form of damage, loss or injury in any form whatsoever (including but not limited to loss of profits, corruption or loss of data, failure in transmission of data or business interruption regardless of the theory of liability (contract, tort or otherwise) arising or resulting from or under and in connection with the Octorocket Website and from your use or inability to use thereof, including but not limited to:-

(a) the accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and non-infringement of third party rights of the Octorocket Website;

(b) any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Octorocket Website (whether by us or any third party through the Octorocket Website, any website, submissions or any other means);

(c) any unauthorized access to or use of the Octorocket Website or our servers, data or information;

(d) any cessation, termination or disturbance of transmission to or from the Octorocket Website;

(e) any computer viruses, worms, trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the Octorocket Website whether due to the actions of any third parties or otherwise;

(f) any transaction or transmission between you and any third party provider of products or services of any kind in any medium whatsoever;

(g) any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the Octorocket Website or otherwise.

17.3 You agree to indemnify and hold harmless to the fullest extent allowed by law, us, our officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your use of the Octorocket Website, your actual or alleged breach and/or violation of any term of these Terms of Use and your actual or alleged breach and/or violation of any third party right of any nature whatsoever, including but not limited to copyright, intellectual property, property and/or privacy rights.

18. Fees and Taxes

18.1 We reserve the right at our sole discretion to charge fees to End Users and / or Suppliers for the purchase of the Productsand the use of the Octorocket Website, including but not limited to fees for contacting End Users, responding to requests from End Users, or conducting transactions with End Users through us. We reserve the right to charge fees for such facilities at our sole discretion and by using the Octorocket Website, you agree to pay any such fees as we may notify to you and prescribe from time to time.

18.2 We act solely as an online platform for End Users to connect with Suppliers for the purposes of transacting to respectively receive and provide Products. We are not ourselves a Supplier or an End User, and we are not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Supplier to any End User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations

19. No party/ No agency or partnership

19.1 You hereby acknowledge and agree that we are NOT a party to any oral or written agreement for Productsor any agreement or contract entered into between to End Users and Suppliers in connection with any Productsoffered, directly or indirectly, through the Octorocket Website.

19.2 No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Octorocket Website. You do not have any authority whatsoever to bind us in any respect. All Suppliers are independent of us. Neither we nor any users of the Octorocket Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

20. Entire Agreement

20.1 The Terms of Use, together with the Privacy Policy and the GTCs and any other legal notices or Additional Policies published by us on the Octorocket Website, shall constitute the entire agreement between you and us concerning the Octorocket Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

21. Governing law

21.1 These Terms of Use shall be governed by the laws of the Republic of Singapore, but excluding its choice-of-law rules.

21.2 Subject to Clause 18 of the GTCs, and in respect of any dispute arising from these Terms of Use, you and us agree to submit to the exclusive jurisdiction of the Singapore courts, including subsidiary tribunals.