Terms of Use

 

This Terms of Use page explains the conditions for using Immortalize websites including www.immortalize.io, www.search.immortalize.io, www.main.immortalize.io and/or other sites, service and applications owned, provided or managed by Immortalize Pte. Ltd. (collectively referred to as the “Platform”). By using and accessing the Platform, you agree to a legally binding agreement with Immortalize Pte. Ltd., the owner and administrator of the Platform, to the terms below.

Information about Immortalize

Immortalize is a marketplace for last mile of life services and products. Immortalize connects you to providers of such service and products. Last mile of life service and products can include will, lasting power of attorney, estate dispute, funeral, insurance and financial product, retirement, and others. Immortalize may also provide other related service and applications in future.

 

Using Immortalize platform can help you filter for, compare and book a provider on our database that suits your needs. Immortalize is not a law firm and not a financial services firm and does not provide advice of any sort. Immortalize is not responsible for any advice you may receive from providers you connected with via Immortalize Platform.

 

Eligibility

You confirm that you:

(a) are more than 21 years old;

(b) have registered account with us using your actual identity;

(c) you have not been restricted by us in using the Platform; and

(d) otherwise fully able and competent to accept, abide and comply with these Terms of Use.

 

Users below the age of 21 years are not eligible to use the platform or provide any personal data on the platform unsupervised. If you are below 21 years of age, you may use the platform and/or provide any personal data on the platform only after you have obtained consent from your parents/legal guardian or if you are under the supervision of your parent/legal guardian.

 

If you are agreeing to these terms and/or using the service on behalf of a business entity (be it a sole proprietorship, partnership, company etc), you represent and warrant that you have authority to bind that business to these terms, and your agreement to these terms will be treated as the agreement of that business entity. In this event, "you" and "your" refer to that business entity.

Terms of Use And Privacy Policy Agreement Between You and Immortalize

By accessing the Platform in any way, you agree to accept and be bounded by the Terms of Use, our Privacy Policy and other terms that may be displayed to you at the time you access the service.

 

The Terms of Use and our Privacy Policy may be changed by us at any time and will be effective when posted on the Platform or when you are reasonably notified by other means. If you do not wish to be bound by such change, you may discontinue using the Platform before the change becomes effective. Your continued use of the Platform after the change becomes effective, indicates your agreement to the change. We strongly advise you to review Immortalize Platform and/or the Terms of Use on a regular basis to ensure you understand all terms and conditions governing use of our service.

 

Registration

 

When using the Platform, you may be required to register and create a user login and password. By registering, you agree to allow us to use your information in accordance with our Privacy Policy.

 

We reserve the right to restrict access to areas of Immortalize Platform, or the entire website, at our discretion.

 

Prohibitions

By accessing and/or using our Platform, you agree to not:

(a) use the Platform other than in accordance with these Terms of Use;

(b) copy or use information on the Platform deemed competitive by us;

(c) copy, modify or create derivative works on our Platform;

(d) send spam or other unwelcomed communications to others, or act in an unlawful, defamatory, libellous, abusive, discriminatory or otherwise objectionable manner as determined by us, through the use of our Platform;

(e) use any device, software, or routine that interferes with any application, function, or use of the Platform, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication;

(f) sell, sublicense, time-share, or otherwise share the Platform with any third-party;

(g) frame or mirror the Platform;

(h) decompile, disassemble or reverse-engineer the underlying software or application that is part of the Platform or otherwise attempt to derive its source code;

(i) use the Platform either directly or indirectly to support any activity that is illegal and/or amoral including but not limited to violating our Intellectual Property Rights or that of others;

(j) access the Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or

(k) override any security feature of our Platform; and

(l) you will not authorize any third parties to do any of the above.

 

Liability of Information

You agree to indemnify us and our affiliates, officers, agents, partners, and employees for losses, costs, damages, liability and/or other expenses incurred that arise out of the information you provide, submit or transmit through our Platform.

 

You are solely responsible for and assume all risks for any information posted or supplied by you to Immortalize and you agree that we have no control over the information and its veracity. Save for personal data required from you for purposes of the registration of an account, you must ensure that all information provided by you does not contain any information that personally identifies third parties without their consent and complies with the relevant data privacy laws.

 

When you provide, submit or transmit information to us for the purpose of it being used on Immortalize, including messages and sharing of information with other third parties (including third-party service providers) through the Platform, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of your information, without any further consent, notice and/or compensation to you or others, subject to the relevant legislations.

 

You may terminate the non-exclusive licence for specific portion of your information by deleting it from the Platform, or do so generally by closing the account and/or by the termination of this agreement, except:

(a) to the extent that your information has already been shared with others as part of the service provided on the Platform and they copied or stored it; and

(b) for a reasonable period that we require to remove from backup and other systems.

Information provided by others should be viewed and/or used at your own risk

All information transmitted through the Platform is the sole responsibility of the person from whom such information originated. We do not verify the veracity of nor do we validate or endorse any information posted or supplied by you, the providers or any third-party to us. We assume no responsibility for the information of websites linked on Immortalize. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

You are solely responsible for evaluating all risks associated with the access, use, accuracy, usefulness, completeness, appropriateness, or legality of any information conveyed through the Platform.

 

If you dispute any information or feel that the information is false, intentionally misleading, defamatory or offensive, you may communicate directly with us for the purposes of verifying the information or taking down the information from Immortalize. We can be contacted at j@immortalize.io.

 

We reserve the right to, but do not have any obligation to, remove any information from Immortalize at any time, and for any reason, without notice.

 

Intellectual Property Rights

 

We own all Intellectual Property Rights, except those pertaining to your personal data. These Terms of Use do not convey any proprietary interest in or to our Intellectual Property Rights or entitlement to the use, save for the specific purpose of searching for and/or connecting with suitable provider(s).

Confidential Information

 

You acknowledge that as a result of using the Platform, you may from time to time, gain access to Confidential Information.

 

Confidential Information means any and all proprietary information labelled as "confidential" or which a reasonable person would regard as confidential information, including but not limited to, Personal Data, business plans, financial reports, quotations, price lists, customer lists and other customer information, descriptions of manufacturing processes, and product development and marketing plans.
 

You agree to hold any and all Confidential Information you obtain as a result of using the Platform in confidence and, unless required by law, not to make the Confidential Information available to any third-party or to use or exploit the Confidential Information for any purpose other than in accordance with these Terms of Use.

 

You warrant that you will protect Confidential Information from unauthorized use, access, or disclosure by third parties and apply the same security measures and degree of care to the Confidential Information as you would use to protect your own confidential and proprietary information of a similar nature. If you are a business entity, you warrant that you will take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by your employees or agents in violation of these Terms of Use.

 

Your obligations with respect to Confidential Information shall remain in effect and shall survive termination of these Terms of Use, except to the extent that

(a) such Confidential Information becomes generally available to the public other than as a result of unauthorised disclosure by you;

(b) such Confidential Information has been released by us or such other relevant disclosing party to another person or entity without restriction; or

(c) such Confidential Information is required to be released by law, pursuant to an order of court, provided that you notify us in writing as soon as reasonably possible.

 

Access to Immortalize

 

We will endeavor to, within reasonable means, ensure that Immortalize and our services are available at all times.

 

Notwithstanding the foregoing, we

(a) do not warrant that your use of the service will be uninterrupted or error-free; or that the service will meet your requirements; and

(b) are not responsible for any delays, delivery failures, or any other.

 

You acknowledge that the services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Payment & Refunds

By default, we do not provide refunds. Individual products or service may have their own refund policies. Please refer to product description or enquire for more information from Immortalize or the product/service provider on refund policy on specific product/service.

 

We may change prices of any unpurchased product or service at any time.

 

We use a payment processor to process transactions. By making use of payment service on Immortalize, you agree to be bound by terms as laid down by the payment processor and hereby consent and authorize us to delegate the authorizations and share information you provide to us with our third-party service providers to the extent required to provide the service to you. We may change a payment processor or third-party service providers at any time.

 

Third-party Service Providers

We use third-party service providers to assist in providing and/or enhancing service provided to you. By accessing or using the Platform, you consent and authorize us to delegate the authorizations you provide to us to such third-party service providers as we deem necessary to provide you the service.

 

The use of third-party service may require your agreement to certain additional terms and conditions provided by the applicable third-party service provider. These additional terms and conditions will be made available to you when you use the third-party service.

 

The third-party service providers are independent entities and we do not provide or exercise any control or oversight over the performance of third-party service providers in providing the third-party service to you. We are not responsible for any activity occurring within third-party service, even if logged in through or linked to our Platform. In the event the performance of third-party service requires disclosure to and/or access of your information, you agree that you will not hold us responsible for any breach on the part of the third-party service providers, including but not limited to losses and/or damages suffered by you arising out the disclosure and/or access of your information by the third-party service providers.

 

Third-party service provider may change, modify, or discontinue, temporarily or permanently, any third-party service used by you, without notice to you. We will use our best endeavors to provide notice to you within a reasonable period of time if and when we become aware of such change, modification, suspension and/or discontinuance of third-party service.

 

Limitation of Liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

 

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to:

(a) Immortalize or any information on the Platform, whether express or implied;

(b) The quality, reliability, timeliness, or accuracy of service provided by or through third-party service providers; and

(c) Any aspect of service and/or advice of any provider whose profile was accessed by you through Immortalize and our service, including the quality of such service and/or advice.

 

To the extent permitted by law, we shall not be liable for:

(a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever;

(b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses;

(c) damages relating to your access to, use of, or inability to access or use the service or our Platform;

(d) damages arising out of your relationship with any provider found through the service and/or the service or advice obtained from said provider;

(e) damages relating to your access to, use of, or inability to access or use the service provided by or via any third-party service provider, including but not limited to any misappropriation and/or misuse of your information and/or other information by any third-party service provider; and/or

(f) damages in any manner relating to any information.

 

To the extent permitted by law, our total liability for any claim under these Terms of Use, including for any implied warranties, is limited to the amount you paid to Immortalize for use of the applicable service.

 

Termination

If you have not subscribed to any paid service, either party may terminate this agreement at any time without notice and without reason. Upon termination, your right to access and use the service will automatically terminate, and you may not continue to access or use the service.

 

Termination of paid service

If you have subscribed to paid service, either party may terminate this agreement

(a) with notice via email to the other if the subscription period has not ended; or

(b) without notice to the other upon the expiry of the subscription period.

 

If your paid subscription period has not ended, there is no need for us to furnish notice to terminate or temporarily suspend your access to the service in the event that:

(a) you breach any material provision of this Terms of Use that, if it is capable of being rectified, is not rectified within 10 days from notice to you; or

(b) we determine that your actions are likely to cause legal liability for us or that you have misrepresented any data or information required by us to provide you with the service or at any other time; or

(c) you refuse to make payment of fees accrued despite two written reminders from us. You agree to waive your right to pursue any costs, losses, damages, or liabilities arising out of or related to our temporary suspension and/or termination of your access to Immortalize and/or service.

 

Regardless of whether the subscription period has ended, fees for the entire subscription period will not be pro-rated and not be refunded and shall be considered accrued and due on the day your request for subscription is accepted by us.

 

Termination of this agreement shall be without prejudice to any other rights or remedies we may be entitled to under the Terms of Use, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

 

Governing law & Jurisdiction and Dispute Resolution

These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Singapore.

 

Any dispute arising out of or in connection with this agreement must first be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC's Mediation Procedure in force for the time being, failing which the dispute shall be referred to and finally and conclusively resolved by the Courts of the Republic of Singapore.

 

Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 90 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.

 

General Terms

No failure or delay by a party to exercise any right or remedy provided under this Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

 

If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms in this Terms of Use.

 

These Terms of Use constitute the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.

 

You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. However, we may at any time assign, transfer, charge, subcontract or deal in any other manner, with all or any of its rights or obligations under these Terms of Use without your consent.

 

No one other than a party to these Terms of Use, their successors and permitted assignees, shall have any right to enforce any of its terms.

 

Nothing in these Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person, except for when you are agreeing to the Terms of Use on behalf of a business entity.