terms and conditions

1. Introduction

LOVEWIN.COM and all its relevant sub domains are sites owned and operated by LOVE WIN Pte Ltd. (Registration No.: 201401424) ((“LOVEWIN”, "we" or "us"). By accessing or using any services available from the domain and sub-domains of www.lovewin.com (collectively, the “Website”), however accessed, you agree to be bound by these terms and conditions (“Terms of Use”), which shall be legally binding on you.

From time to time, we may offer special features which have their own respective governing terms and conditions which shall be applicable in addition to these Terms of Use (“Additional Terms of Use”). Where there are any inconsistencies between these Terms of Use and the Additional Terms of Use, the Additional Terms of Use shall prevail but only to the extent applicable to such special feature.

2. Scope – General Terms and Conditions

These Terms of Use shall govern the relationship between LOVEWIN and users of the Website (“user(s)”, "You")

Any special promotions presented by LOVEWIN shall only be valid if they are announced on the Website or through a publication authorised or issued by LOVEWIN (“LOVEWIN Publication”). Any promotions of a limited duration shall likewise be announced on the Website or through a LOVEWIN Publication. Upon expiration of the time period applicable to a promotion or any game(s) that are part of a particular promotion ("Game"), the promotion shall be deemed to have ended.

LOVEWIN reserves the right to change the terms of any promotion at any time prior to the expiry of such promotion and such change shall bedeemed to have taken effect from the start of the promotion and shall be applicable for the duration of such promotion.

3. Acceptance of Terms & Conditions

Prior to any use of any services, information, functions and Games provided by LOVEWIN (whether through the Website or otherwise) (“Services”), you shall be required to accept the Terms of Use. You can accept, and shall be deemed to have accepted, the Terms of Use by:

  • Clicking to accept or agree to the Terms of Use, where this option is made available to you by LOVEWIN in the user interface for any Service; or
  • By your use of any Services. In this case, you understand and agree that your use of the Services constitutes as acceptance of the Terms of Use.

If you are a minor (or below the legal age required to accept these Terms of Use or use the Services under the laws of your country), you must obtain consent from your parent(s) or guardian(s) and their acceptance of these Terms of Use and their agreement to take responsibility for your actions and any charges associated with your use of the Services. If you do not have consent from your parent(s) and legal guardian(s), you must stop using or accessing the Website and/or the Services.

You shall comply with all laws applicable to you as necessary. Further, you agree to play the Games responsibly and within your limits. Failure to comply with any directions given may result in your disqualification from the Games or prohibition from any Services. You may have certain rights under applicable laws which cannot be amended by contract. Nothing in these Terms of Use is intended to limit these rights.

Before you continue, you are advised to print or save a local copy of the Terms for your records.

4. Membership Eligibility

The Services are not available to any user who is a minor in such user’s jurisdiction of residence or to any users suspended or removed from the Website for any reason.

No user may have more than one account. Additionally, membership is non-transferable and users are prohibited from selling, trading, or otherwise transferring their account to any other party. Any user who does not accept and/or comply with the Terms of Use may not use the Services or the Website.

5. Reliance Information - User Content, Links, Third-Party Sellers

The Services may contain (a) links to other sites operated by third parties, (b) advertisements and/or sponsorships provided by third parties, and (c) stores, services, or prizes for each Game ("Prizes") offered by third parties – (a), (b) ,and (c) are collectively, “Third-Party Materials”.

We have no control over and are not responsible, and assume no liability for, any Third-Party Materials or any acts or omissions by such third parties.

We do not review, approve, endorse, guarantee, warrant, or make any representations whatsoever in relation to Third-Party Materials or any acts or omissions by such third parties. We shall not be responsible in any way whatsoever for any of your dealings with such third parties. By way of example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that such third party sites do not contain viruses or other features that may adversely affect your computer.

You use all Third Party Materials and interact with such third parties at your own risk. We shall not be obliged in any way to be involved in any disputes you may have with or against any such third parties. You should carefully review all applicable terms and conditions of use in relation to such Third Party Materials.

You hereby release and discharge us, our subsidiaries and associate companies, affiliates, officers, employees, agents, authorised representatives and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or which arises from your use of Third Party Materials or your interactions with, or the conduct of, any third parties.

You are solely responsible for conducting your own due diligence in relation to any item played for through our Website which shall include but is not limited to, carefully reading all descriptions of the items and noting any uploaded images associated with the items featured on our site.

Please note that all images along with measurements noted alongside the items are based on images and approximations and estimations obtained from third party sources. We are not responsible for any discrepancies between the actual item and the color, shape and/or descriptions/measurements stated on our Website.

6. User Representation

YOU UNDERSTAND AND AGREE THAT ANY DOWNLOAD, INSTALLATION AND/OR USE OF THE SERVICES IN CONJUNCTION WITH OR THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER AND/OR SERVER SYSTEM AND/OR ANY LOSS OF DATA RESULTING FROM OR ARISING IN RELATION TO THE DOWNLOAD, INSTALLATION AND/OR USE OF THE SERVICES. You hereby agree and shall assume all responsibility for electronic delivery, installation, and operation of the Services and the Website and access to, and Use of, the Services and/or the Website, including without limitation, all hardware and software necessary for the optimum operation of the Website and the Services, transaction costs, installation charges, risk of loss, use charges, taxes, transfer charges, like costs and associated taxes. You agree to bear any and all liability and/or damage associated with electronic delivery, including without limitation the risk of viruses, errors, and/or data loss.

7. Registration and Site Usage

7.1 Registration

As part of the registration process, please note the following:

  • During the registration process, should you wish to participate in any Game, you must, provide your full name and photograph.
  • If you win a Prize, you consent to our use of your name and photograph as announcements on our social media platforms and Website for publicity purposes, as described in our Privacy Policy.
  • You may register only once using your residential address (registration using PO Boxes or equivalents is not permitted) and mobile phone number.
  • Each individual is only allowed one account. If a user is found to have multiple accounts, LOVEWIN reserves the right to terminate the multiple accounts, thereby forfeiting any existing purchases (including but not limited to purchasing points required for participation in Games ("Playpoints") and Prizes) from such accounts.
  • You shall provide a valid email address during the registration process for LOVEWIN to authenticate your identity and prevent any misuse of the service.
  • In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued Use of the Services.
  • You agree that you are registering for yourself and you shall not register for a third party. LOVEWIN will use the information you provided to verify the identity of our users. If a user is found to have registered for a third party, has no knowledge of the account or its activities, the account will be shut immediately and all purchases made in the account will not be refunded. Any Prizes awarded from Games played using such account will also be forfeited.

7.2 User Information

You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the registration process (the “Registration Data”); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. You will also choose a password and a username. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify us without delay of any unauthorized use of your account or any other breach of security. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we have the right to terminate your user account(s) and refuse current or future use of any or all of the Services.

7.3 User Generated Information

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you on an "AS IS" basis for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Website or any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that we will have the right to block access to or remove such content made available by you, if we receive complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by us for this purpose.

7.4 Spamming and Other Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Website and/or any Services. You agree not to use the Website or the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services in any manner that could damage, disable, overburden, or impair any LOVEWIN server, or the network(s) connected to any LOVEWIN server, or interfere with any other party’s use and enjoyment of the Website and the Services. You agree not to attempt to gain unauthorized access to the Website and any Services, other accounts, computer systems or networks connected to any LOVEWIN server or to any of the Services, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and the Services. You agree not to use the Website or the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including LOVEWIN. You agree not to use the Website or the Services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. LOVEWIN reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, where there is reasonable justification to do so and to terminate your access to the Website or the Services if LOVEWIN believes that you have used the Website or the Services for any illegal or unauthorized activity. You agree not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.

Except as permitted by these Terms of Use, no part of the Website and the Services may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. You agree not to access the Services by any means other than through the interfaces that are provided by LOVEWIN. You shall not do any "mirroring" or "framing" of any part of the Website or any Services, or create Internet links to the Services which include log-in information, user names, passwords, and/or secure cookies.

7.5 Site Usage

You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and that your user account may be used only by you and not anyone else.

Accordingly, you agree that you will be solely responsible to LOVEWIN for all activities that occur under your account. User accounts created are non-transferable.

LOVEWIN's Items and Services are offered exclusively to private users and shall not be used by commercial or partly-commercial resellers. LOVEWIN reserves the rights to exclude users which LOVEWIN considers, at its sole discretion, to be resellers, from participating and to close their account or any other related accounts.

Each household address is only limited to 10 accounts.

Users who have closed their account are not allowed to re-register for 6 months.

We also reserve the right at our absolute discretion to cancel unconfirmed accounts or accounts that have been inactive for more than 12 months, or to modify or discontinue any LOVEWIN sites, Services, or tools.

Without limiting other remedies, we may limit, suspend, or terminate any Service and user accounts, prohibit access to our Website and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to prevent users from using the Website and/or the Services if in the opinion of LOVEWIN (exercised at the sole discretion of LOVEWIN), they are undesirable, may possibly create problems or potential legal liabilities, infringe the intellectual property rights of third parties, or act inconsistently with the letter or spirit of our policies.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server(s) in which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By acting in contravention of the above provisions, you may commit an offence under the Computer Misuse Act (Cap. 50A) or other applicable laws. We will report any such breach to the relevant regulatory authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and its Services will be revoked and cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material from our site, or on any websites linked to it.

You will not hold LOVEWIN responsible for any loss or damage you may incur or suffer as a result of LOVEWIN taking any of the actions outlined above.

LOVEWIN reserves the right to recover damages (i.e. the cost of goods, collection charges and solicitors’ costs) from persons using the Website fraudulently. LOVEWIN expressly reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these Terms of Use.

8. Physical Products Delivery

All Prizes from LOVEWIN are made pursuant to a shipment contract. This means that the risk of loss, damage and title for such Prizes pass to the user upon delivery of the Prize to the carrier.

LOVEWIN endeavours to deliver all Prizes as soon as practicable after the winner has been determined, contacted, and has responded to LOVEWIN’s verification emails.

LOVEWIN works with trusted delivery partners to ensure the best possible service and widest reach. All delivery estimates are for information only and shall not be binding upon LOVEWIN or its delivery partners,given that the actual time of delivery depends upon several factors including but not limited to delay in delivery through the courier partner, transporters' strike, delay in receiving Prizes from our partners etc. You are required to provide official documents for identification purposes, and acknowledgement upon receipt of the Prize from the delivery representative. The user should report obvious damage to the Prize or packaging during transit to the carrier. If the Prize is damaged or incorrect, it should be refused, not signed for. If the Prize is incorrect or there are concealed defects or damage after acknowledging receipt for Prize, you must notify us in writing and return the Prize immediately. LOVEWIN cannot guarantee that the manufacturer will refund, replace or repair a defective Prize. We do not accept liability for damage or failure of items due to neglect or misuse by you.

In the event that LOVEWIN suppliers and delivery partners are not able to deliver a Prize within a reasonable time, LOVEWIN shall be entitled to offer the winning user a substitute Prize with comparable features, whether physical products or travel related.

There may be cases where aPrize is required to be shipped cross-border to the winner. In such cases, LOVEWIN will absorb all such associated shipping costs. LOVEWIN shall not be held liable for any applicable sales, customs, goods and services taxes and/or import or export taxes and Users shall be responsible for the payment of all such taxes to the appropriate authorities.LOVEWIN shall not be held liable for any delays arising from Prizes being held in local customs.

LOVEWIN and delivery partners do not ship to P.O. boxes, military addresses and areas restricted by local authorities or applicable laws.

9. Prizes and Warranty

The descriptions of the Prizes on the Website are provided for informational purposes and shall not constitute contractually stipulated features and characteristics. Images of Prizes on LOVEWIN may differ from the Prizes that are supplied to the winner.

Unless otherwise stated by LOVEWIN in writing, any and all Prizes are in no way sponsored or endorsed by, affiliated or associated with any persons or companies.

Any Prize won or accepted shall be given on an "as-is" basis. Prizes won are not transferable, or exchangeable or redeemable for cash.

While LOVEWIN endeavours to depict the colours of each Prize as accurately as possible, the user acknowledges that the colours of the actual merchandise may vary from the colour depicted on the website.

Errors regarding Prize information or typographical errors on the Website may occur. LOVEWIN will only confirm the pricing of Playpoints and any handling and processing fees after the user has selected the Game.

To the best of our knowledge, all Prizes that are won through the use of the Services are new and in good condition and working order.

All requests for technical service and support for any Prize should be made directly to the manufacturer in accordance with their terms and conditions.

A manufacturer may provide you with a manufacturer's limited warranty in relation to a Prize won through the use of the Services. Notwithstanding the foregoing, you hereby acknowledge and agree that LOVEWIN does not provide any warranty in relation to a Prize won through the Services and we do not control or participate in manufacturers' warranties, and all claims and requests for warranty repairs and/or replacements must be made directly to the relevant manufacturers. Please be aware that some manufacturers may not honour warranties for items which have been transferred to successive owners.

LOVEWIN endeavours to source its Prizes locally. However, there may be cases where Prizes are sourced overseas, and in such event, we shall not be held liable for warranty claims if the manufacturer's warranty policy only honours warranty claims in the Prize's country of origin.

9.1 Exclusions:

The Website and the Services and all information, content, materials, Prizes and Services included on or otherwise made available to you through the Servicesare provided on an "as is" and "as available" basis.

Neither LOVEWIN, its subsidiaries and associate companies, affiliates nor any of their respective employees, agents, third party content providers, suppliers or licensors makes any representations or warranties of any kind, whether express or implied.

To the fullest extent permitted by applicable laws, LOVEWIN, its subsidiaries and associate companies, affiliates, respective employees, agents, third party content providers, suppliers and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance.

LOVEWIN, its affiliates, agents, third party content providers, suppliers and licensors do not warrant that this Website; information, content, materials, Prizes or Services included on or otherwise made available to you through this Website; their servers; or email sent from LOVEWIN are free of errors, viruses or other harmful contents. In addition, LOVEWIN does not represent or warrant that the information accessible via the site is accurate, complete or current.

10. Participation and Disqualification in LOVEWIN Games Competition

Employees of LOVEWIN, their spouses, partners, children, parents, cousins and siblings are not eligible to play or participate in any Games through the Website and/or the Services. LOVEWIN reserves the right to require the winner of any LOVEWIN Games to sign a written statement confirming their eligibility before collection of the Prize.

Each User is limited to 3 paid tries for each Prize. Where applicable, if a user is offered an additional opportunity to improvetheir score through our promotional free play the system will take the best score of such user for the Prize played.

LOVEWIN has the right and at its absolute discretion to verify the identity of each individual user. In the event LOVEWIN is unable to verify or authenticate user identity, then LOVEWIN may request users to provide documentation (e.g. photo ID, proof of address(as LOVEWIN requires to identify a user. Should such documentation not be provided or if the details do not match the user registration information, LOVEWIN has the right to suspend or permanently remove such user accounts and withdraw any wins of Games played by such users.

LOVEWIN has the right and absolute discretion to take such action as it sees fit, including, but not limited to:(a) terminating a user's account; (b) immediately blocking a user's access to the Website; (c) taking legal action; and (d) disqualifying a user and/orany Prizes to which such user may be entitled if LOVEWIN deems that such user has used unfair means to win a Game,engaged or attempted to engage in fraudulent or unlawful activity, or the making of any fraudulent payment, including without limitation, possesses multiple accounts, uses related accounts to manipulate Games and results, or if the user uses a stolen credit card or engages in money laundering.

LOVEWIN has the right and absolute discretion to disqualify a user and/or any Prizes to which such user may be entitled if such user fails to comply with these Terms of Use. In cases of account closing or disqualification of wins, LOVEWIN shall neither be liable to return any Playpoints (whether purchased or rewarded) nor is LOVEWIN liable to reimburse any monies that have been used to purchase Playpoints.

11. Purchasing Playpoints

Users are required to purchase points required for participation in Games (“Playpoints”), that are available in packages (“Playpoint Packages”) at prevailing prices. Only registered users can submit Playpoints to participate in a Game.

Playpoints must be paid for in advance. The purchasing process requires users to verify if the Playpoints Package they are purchasing is the correct package. Playpoint Packages purchased are non- refundable and hence users should buy only as many Playpoints as they are willing to spend on the Games in which they wish to participate.

All types of Playpoints (e.g. "free Playpoint", "special offers" or "Playpoints purchased in bundles") in your account will have to be used within a specified period. Upon expiration of the time limit stated, the Playpoints expire and can no longer be used. There will be no refund for expired Playpoints purchased.

Purchased Playpoints expire in 6 months from the date of the purchase. In the event of a closure of the Website or any Services, whether temporary or permanent, LOVEWIN reserves the right to notify a user via email to finish using their Playpoints or risk forfeiture of any Playpoints remaining after such closure. Free Bonus Playpoints expire in 6 months from the date on which such bonus Playpoints are credited into a user's account.

12. Collectible

Registered users who have purchased US$30 worth of Playpoints, or accumulate US$30 worth of Playpoints within a rolling 6-month period, are eligible to receive an exclusive LOVEWIN collectible of their choice. This collectible has to be redeemed within 14 calendar days of such Playpoints purchase/accumulation, failing which it will be forfeited.

13. Payment

Payment can only be made by a Visa or MasterCard debit card or credit cardor other payment mechanics as we may designate from time to time.

The User agrees, understands and confirms that his or her payment details (e.g. credit card details) for the purchase and Use of the Services will be correct and accurate and the user shall not use any payment method which the user is not lawfully entitled to (e.g. in a credit card transaction, the user must use his or her own credit card).

14. The Playing and Competing Process

This is wholly a game of skill. Chance plays no part in determining the winner of the Prize for each Game. For information on how to participate in Games, understanding results, winning Prizes and how to play, please refer to the “FAQ” section on the Website.

LOVEWIN reserves the right to add, reschedule or remove Prizes from the Website at anytime at its absolute discretion without notice.

A Game is deemed to have been void when the timer on the Prize reads "void" and no users have chosen to participate. Users should be aware that the timer available to the user is an approximation which may be affected by network delays. The final decision of when a Game closes will be based on the timer used by LOVEWIN servers.

LOVEWIN reserves the right at its absolute discretion to limit the number of LOVEWIN Games you can play or the Prizes you can win within a specific time period.

15. Notification, Acceptance and Payment of Won Game

A Game closes either: (a) when the target number of players is reached; or (b) after 10 days from the start of the Game, whichever is earlier. A notification is automatically sent by email to the winner with the highest score for a Game played for a particular Prize. If the target number of players for a particular Prize is not reached, Playpoints used in that Game will be credited to the accounts of the players. Since a Game may close prematurely due to technical error, this notification is not considered a binding contract. If a Game has closed due to a technical error, LOVEWIN reserves the right to void the notification, return any Playpoints deducted for the Prize and resume or restart the Game. Once a Game has been successfully played (reached the pre-set number of players), a formal communication will be sent to the winning user via email.

In the event that the winner does not respond to LOVEWIN’s emails or other communication attempts after 7 days, the Prize will be awarded to the next highest scorer in that Game.

LOVEWIN shall not be held responsible in the event that a Prize is awarded in error as a result of any unauthorised use of, or interference with, our Services by any third party. In the event of any dispute in relation to the results of any Game, such dispute shall be finally determined by LOVEWIN in its sole discretion and any such determination by LOVEWIN shall be binding upon all users.

16. In the Event of Technical Break Down (System Outage)

As there are numerous factors outside of our control may interfere with the operation of the Website and/or Services, we cannot guarantee that the Website and the Services will be uninterrupted. In the event of a technical problem (third party or otherwise) affecting the LOVEWIN platform, LOVEWIN will use its discretion to stay the countdown timers for all (or some) live Games until the issue has been resolved. Playing of Games will continue once the system resumes. Should a Game a user is playing stop prematurely due to any technical problem which has affected their play and/or scoring, such user must notify LOVEWIN in writing and we will revert and credit their Playpoints which they can use for the replay of the same Game or another Game.

LOVEWIN may, at its sole discretion, attempt to return purchased Playpoints which have been deducted from a user’s account for a Game that is stayed and restarted due to third party technical problem.

You remain liable for all charges due to LOVEWIN throughout the period of any suspension (including, but not limited to, any periodic access fees) unless we, in our sole discretion, determine otherwise.

17. Limitation of Liability

To the maximum extent permitted by applicable law, neither we nor our Affiliates and their employees, officers or agents ("LOVEWIN PARTIES") shall be liable to you for any: (a) loss of actual or anticipated income (whether direct or indirect); (b) loss of actual or anticipated profits (whether direct or indirect); (c) loss of contracts or business (whether direct or indirect); or (d) special, indirect or consequential loss or damage of any kind, howsoever arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

The maximum aggregate liability of LOVEWIN and LOVEWIN Partiesarising under or in connection with your use of the Website and the Services and these Terms of Use, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the amount paid by you to LOVEWIN in the 12 month period immediately preceding the date on which you have made a claim.

Nothing in these Terms of Use seeks to or shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) fraud; or (c) any other type of liability that cannot be limited or excluded under applicable law.

For the purposes of these Terms of Use: (a) "Affiliate" means, in relation to a party, any other entity which directly or indirectly Controls, is directly or indirectly Controlled by or is under direct or indirect common Control with, that party from time to time; and (ii) "Control" means, in relation to a person or entity, the direct or indirect ownership of more than 50 per cent. of the voting capital or similar right of ownership of that person or the legal power to direct or cause the direction of the general management and policies of that person, whether through the ownership of voting capital, by contract or otherwise, and Controls and Controlled shall be interpreted accordingly.

18. Indemnity

You agree to indemnify and hold us and our LOVEWIN Parties harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees, costs, penalties, interest and disbursements) and any other charges whatsoever, however caused, arising in connection with or relating to: (a) your breach of any term in these Terms of Use, in whole or in part; (b) violation by you of any law or any third party rights; and/or (c) use by you of the Website and the Services or use by any other person accessing the Services using your account, whether or not with your authorization

19. General

19.1 Entire Agreement

These Terms of Use shall, together with any additional terms, constitute the entire agreement between you and us in relation to these Terms of Use, our Website and Services. These Terms of Use supersedes any previous agreement or understanding between the parties in relation to our Website and Services.

19.2 Applicable Law

These Terms of Use are governed by Singapore Law.

19.3 Dispute Resolution

Any and all claims or disputes arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in these Terms of Use. The seat of the arbitration shall be Singapore. The Tribunal shall consist of a sole arbitrator. The language of the arbitration shall be English.

19.4 Amendments

We reserve the right to change or amend all or any part of these Terms of Use at any time. If we do this, we may place a notice on the Website or notify you by any other means we deem appropriate in our sole discretion. It is your responsibility to check these Terms of Use on a regular basis, including, without limitation, prior to using the Website or any Services. Some of the provisions contained in these Terms of use may also be superseded by provisions or notices published elsewhere on our Website. Your continued use of the Website and the Services constitutes your acceptance of the revised terms.

19.5 Assignment

You must not transfer your account or assign any of your rights which you may have under these Terms of Use or the Website without our prior written approval. We may assign our rights under these Terms of Use to any third party without notice.

19.6 No Waiver

Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.

19.7 Events Beyond Our Control

Under no circumstances shall LOVEWIN and the LOVEWIN Parties be liable for any non-performance, error, interruption or delay in the performance of their obligations or for any inaccuracy, unreliability or unsuitability of any of the Website and/or Services content if this is due, in whole or in part, directly or indirectly to an event or failure, which is beyond the reasonable control of LOVEWIN or LOVEWIN Parties and which includes without limitation: war, accident, act of God, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.

19.8 Headings

The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.

20. Privacy Policy

The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our PRIVACY POLICY.

21. Intellectual Property Rights

We retain all intellectual property rights (including, but not limited to, any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing) embodied in or relating tothis Website and the Services (collectively, "Intellectual Property Rights"). You must not do anything that wouldjeopardize, damage, limit or interfere with our Intellectual Property Rights or our interest in them.

Our status (and that of any identified contributors) as the owners, licensees or authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print, copy or download any part of our Website in breach of these terms of use, your right to use our Website or our Services will cease immediately. We further hereby reserve the right to pursue any legal action against you.