Terms and Conditions
The following Terms of Service (Terms) between you and MADThread Pte Ltd (we, our, or us) describes the terms and conditions on which you may access and use the website located at madthread.com (the Site), the mobile app (the App) and related services (together with the Site, the App, and the Content, the Services). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
Please read these Terms carefully. These Terms may have changed since you last accessed or used the Services. By clicking "I Agree" or otherwise accessing or using any part of the Services, you agree to these Terms.
8 August 2019
By accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure described below) and class action waiver described in Section 8 (Dispute resolution, arbitration, and class action waiver) to resolve any disputes with MADThread.
Through the Services, we aim to give you access to beautiful designer clothing and accessories (the Products), stylist advice and other content to help you decide which items are perfect for you.
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 14 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 14 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent any Products via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 14 and 18, you are fully responsible for his or her use of the Services and the rental of any Products, including all legal liability he or she may incur.
MADThread may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, MADThread will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to MADThread upon registration.
This Section 2 sets out terms and conditions that apply to your rental of any Product.
Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By using our service and thus agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the products as described in these Terms.
You acknowledge and agree that we may place limits on the rental of products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason, including but not limited to availability concerns.
All deliveries will be through MADThread's shipping partners or employees, which may change from time to time at MADThread's discretion. The shipping method used will be at the discretion of MADThread.
If you do not pay the amounts you owe (or any Products you are obliged to return) to MADThread when due, then MADThread will need to institute collection procedures in respect of such amounts or Products. You agree to pay MADThread's costs of collection, including without limitation reasonable attorneys' fees.
You consent to receive communications from us, including emails, text messages, calls and push notifications, including for the purposed of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages. standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following unsubscribe procedures we provide to you. In the case of text messages, you may tell us to stop contacting you by letting us know via text. You acknowledge that opting out of receiving communications may impact your use of the Services.
With delivery of the Product, MADThread will provide you with a pre-paid MADThread carrying case, tote or bag or box or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to MADThread (Return Packaging). The MADThread carrying case or tote is not yours to keep. If the MADThread carrying case or tote is not returned you will be charged a $40 fee (details below under Lost Return Packaging).
Upon delivery, you bear responsibility for the Products. You acknowledge that a Secure Shipping Address is highly recommended. In the event that an un-secure shipping address is provided, MADThread does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which MADThread will not be liable. You will be liable for all such delays and additional delivery fees.
You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damages. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
If you lose or fail to return the MADThread carrying case or tote you will be charged $40. If you still possess the MADThread carrying case or box, it is yours to keep, though on an as is basis without warranty of any kind. For avoidance of doubt the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, in addition to, any other charges payable by you pursuant to this Section 2.
The following are the limited warranties MADThread provides in connection with the Products. MADThread's liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties as determined by MADThread. See Section 7A (Limited Warranties) below.
You will be entitled to rent up to three (3) Products at any time from a range of Products designated on the Site, as more fully described on our website. Subject to your compliance with these Terms (including payment of fees) and our right to terminate the subscription, we do not impose any limitations on the time period during which you may keep any Product we have sent to you.
Upon subscription, MADThread will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. The current monthly subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorise MADThread or our third party payment processor to charge your payment card (or any other card you have on file with us) for the applicable subscription fee on a monthly or recurring pre-pay basis until you cancel. The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Subscription fees are non-refundable except as expressly set forth below. Taxes may apply on the subscription fees.
There are no refunds to a pre-paid membership. Your monthly subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, email us at [email protected] or our WhatsApp line. You must return your Products before the end of your current bulling period (located in account settings) to avoid additional fees. If MADThread does not receive your Products by the end of your billing period in which you want to cancel your membership, MADThread will charge you the full retail price of each Product. For the purposes of these Terms, “full retail price” means the original retail price of a Product listed on the Site or App.
All deliveries will be through MADThread's shipping partners or employees, which may change from time to time at our discretion. The shipping method used will be at the discretion of MADThread. We will provide you with information about estimated delivery and arrival times of Products through the Site or App. The Products we send to you will be professionally cleaned and delivered ready to wear. Our dry cleaning partner professionally cleans, sterilizes and inspects each Product we send to you, but use of the Products is at your own risk and MADThread or our dry cleaning partner shall not be held liable for any health-related complaints associated with any Product.
With each shipment of Products we send you, we will include one Return Packaging (which may be our MADThread tote – as defined in the Section 2 (Rental of Products), which you can use to return all of the Products you currently have. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there may be a delay between your return of a Product and receipt of a new Product. You agree to return the Products using the Return Packaging, including the MADThread box in order to minimize the delay (as defined in the Section 2 (Rental of Products)).
Without limiting the application of the rest of these Terms, all of your obligations set out under the Section 2 (Rental of Products) including but not limited to the obligations relating to receipt and care of Products, apply to your participation.
Unless you cancel your subscription, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your subscription or find out more information about your subscription, including your monthly or recurring pre-pay renewal date, by contacting our customer chat service in the app. As soon as you cancel, you will not be eligible to receive any additional Products. You may continue to keep Products you have already received, but you must return to MADThread all such Products on or before the last day of the applicable subscription period during which you cancel or of the applicable subscription period for which you have fully paid (the Subscription End Date).
If our QC team identifies an issue with a Product that you have returned, we will contact you in relation to the damaged item and provide you with a description as to the nature of the damage. In the first instance, we will send the item for additional cleaning and/or repair (assuming the damage is not clearly irrepairable) and during this time we will not charge you. If the damage to the Product can be reversed, we will charge the cost of the additional cleaning and/or repair to your account. If we are unable to reverse the damage (and we promise that we will try our very best to do so), we will have to charge you the full retail price of the Product.
If we don't receive a Product on the date on which it is due to be returned (the Return Date) you will incur a large charge of $15 per item per day until the Product has been returned in whole and in good condition. If the Product is not returned within seven days of the Return Date, we will charge you the full retail price of the Product. If you return the Product in whole after this seven day period in good condition, we will refund the full retail price of the Product with a daily charge of $15 per day calculated from the due date until the date you returned the Product. We strictly do not accept any returns after 14 days from the Return Date - at this time, the items are deemed as lost and you will be charged the full retail price of the Product. You will not be entitled to any refund of subscription fees. In the case of single piece rentals: (a) for each day a Product is returned late (i.e. after the seven-day rental period), you will be charged $40 per day, (b) if the Product is not returned by seven days after the seven-day rental period, you will be charged up to the full retail price for that Product.
We reserve the right to modify (including the subscription fee) or terminate your subscription at our sole discretion. If we terminate your subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access for the remainder of that applicable period of your subscription, you will continue to have access during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access, immediately upon our termination of your subscription), you must also return to MADThread all Products you have received.
We reserve the right to pursue any amounts you fail to pay in accordance with these Terms.
All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (MADThread Content) is available to you on an as is basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The MADThread Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any MADThread Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the MADThread Content.
We may update the MADThread Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
The Services may contain links or references to non- MADThread websites, products, services or other materials or content (Third Party Content). This Third Party Content is provided to you as a convenience, and MADThread is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from MADThread, and MADThread has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that MADThread endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
No part of the Services, including the MADThread Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that MADThread authorizes you to view, copy, download, and print MADThread Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the MADThread Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the MADThread Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the MADThread Content.
You may not use the Services to: (i) transmit any content, information or other materials that are, or which MADThread considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a MADThread representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 14 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
By using the Services, you agree to indemnify, hold harmless and defend MADThread and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term. Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend MADThread and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
If you post, upload or make available to MADThread or the Services, or otherwise submit to or through MADThread as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (Your Content), you hereby grant to MADThread a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including the Acceptable Use clause, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise MADThread to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify MADThread promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the MADThread Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
MADThread may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
The Services, including the MADThread Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of MADThread and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Singapore copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, MADThread and the logo are registered trademarks of MADThread Pte Ltd., under the applicable laws of the Singapore and/or other countries. Other MADThread product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of MADThread and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. MADThread and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any MADThread Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of MADThread or such third party that may own such MADThread Content.
Subject to your compliance with these Terms, MADThread grants to you a limited, non- exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
Subject to the terms of these Terms, MADThread grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
The following terms and conditions apply to you only if you are using the App from the Apple App store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App store. You acknowledge and agree that these Terms are solely between you and MADThread, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and MADThread acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and MADThread acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, MADThread, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and MADThread acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
By sending us any feedback, ideas, suggestions, documents or proposals (Feedback), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that MADThread may use your Feedback without restriction or obligation to you or any third party.
If you believe any MADThread Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting MADThread copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorised representative. Regarding any copyright issues relating to the Services, you may contact us at [email protected] In an effort to protect the rights of copyright owners, MADThread maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at [email protected] You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
Any violation of these Terms, including any of the prohibitions in Section 3 (Subscription), may result in suspension or termination of your access to the Services and/or removal of Your Content. MADThread may also terminate your account if MADThread determines that your conduct poses a risk or liability to MADThread, or for any other reason as determined by MADThread in its sole discretion.
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: Collections, Lost Return Packaging, Failure to Pay Fees, Damage and Failure to Return Products, Use of these Services, Ownership of these Services, Acknowledgement, Feedback, Effects of Termination, and Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, Arbitration and Class Action Waiver and Miscellaneous.
Unless stated in writing by us, the limited warranties set out in Section 2(K) (Limited warranties) for return apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by MADThread in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and MADThread's sole and exclusive liability for a breach by MADThread of the limited warranties set out in Section 2(K) (Limited warranties) shall be, at MADThread option, MADThread use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner.
Except for the limited warranties set out in Section 2(B) (Limited warranties), the Services and Products are provided as is without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. Specifically, but without limitation, MADThread does not warrant that: (i) the Services, including the MADThread Content, are correct, accurate, reliable or complete; (ii) the Services will be uninterrupted or error-free; (iii) defects will be corrected, (iv) the Services or the servers that makes the Services available are free of viruses or other harmful components, or (v) the Products will be fit for your intended purpose or otherwise accord wi th your expectations.
Under no circumstances shall MADThread be liable for any claims, actions, injury or damages of any kind, including without limitation, personal injury or death, direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services and/or the Products, even if MADThread has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be as set forth under Section 7(A) (Limited warranties) or to discontinue your use of the Services and terminate these Terms.
You agree that in the event of any dispute between you and MADThread, you will first contact MADThread and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, Claim) relating in any way to your use of MADThread's Services and/or Products, or relating in any way to MADThread's communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and MADThread. However, this arbitration agreement does not (a) govern any Claim by MADThread for infringement of its intellectual property or access to the Services that (including the Site and App) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt ouf of this Arbitration Agreement within 30 days of the first date you accessed the Site or the App or the first date on which you receive any Services, by following the procedure below. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Singapore Arbitration Act governs the interpretation and enforcement of this provision, and that you and MADThread are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to MADThread Pte Ltd. The arbitration shall be administered by the Singapore International Arbitration Centre (SIAC) under its rules including, if you are an individual, the SIAC's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the SIAC's Supplementary Procedures for Consumer-Related Disputes will not be used. The SIAC's rules are available at www.siac.org.sg. The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Singapore law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the SIAC's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the Class Action Waiver section below. If you do not want to arbitrate disputes with MADThread and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within 30 days of the first of the date you access the Site or App or the date you receive any Services.
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (Class Action). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and MADThread each waive any right to a jury trial. This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
MADThread makes no representation that the Services are appropriate or available for use outside Singapore. Those who choose to access the Services or any part thereof from outside Singapore do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that MADThread intends to announce or make available such products or services to the general public, or in your country. Contact MADThread at [email protected] to determine which products and services may be available to you.
The laws of Singapore prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the MADThread Content, or any part thereof, in any way, in violation of Singapore law.
These Terms are governed and interpreted pursuant to the laws of Singapore, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Singapore, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
These Terms are the entire agreement between you and MADThread relating to the subject matter herein and shall not be modified except by MADThread in accordance with these Terms, or as otherwise agreed in writing by you and MADThread. No employee, agent or other representative of MADThread has any authority to bind MADThread with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. MADThread may assign these Terms at any time without notice to you.
MADThread will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond MADThread's reasonable control.
Please send any questions or comments, or report violations of these Terms, to MADThread at [email protected]