Terms of Use

GENERAL TERMS OF SERVICE
1. Acceptance
1.1. This is an agreement between you and MomoCentral.
1.2. This Agreement shall govern your access to, and use of, the Services.
1.3. The following documents shall form and be read and construed as being an integral part of this Agreement:
(a) [the Privacy Policy];
(b) if you are a Client, the Specific Terms for Clients; and
(c) if you are a Talent, the Specific Terms for Talents.
1.4. Your access and use (and continued access and use) of the Services constitutes your acceptance of this Agreement and you hereby unconditionally agree to be bound by the terms of this Agreement.
1.5. If you do not agree to this Agreement, you must immediately discontinue any access and use of the Services.

2. Amendments and Additions
2.1. MomoCentral may from time to time in its absolute discretion:
(a) amend and supplement this Agreement; and
(b) prescribe additional terms to this Agreement in respect of certain Account and/or Services, provided that any such amendments, supplements or additions shall be published on the Site at least ten (10) Business Days prior to their effective date.
2.2. It is your responsibility to check the Site and this Agreement from time to time to determine if there are any amendments, supplements and additions to this Agreement.
2.3. If you do not agree to any amendments, supplements or additions to this Agreement, your sole remedy shall be to terminate this Agreement by giving written notice to MomoCentral before the effective date of any such changes.
2.4. Your continued access and use of the Services after any amendments, supplements and additions constitutes your acceptance to such amendments, supplements and additions.

3. Definitions and Interpretation
3.1. In this Agreement, unless otherwise required by the context or unless otherwise specified herein, the following terms shall have the following meanings:
“Account” means each account opened by you and maintained with MomoCentral;
“Business Day” means a day (other than a Saturday or Sunday) on which commercial banks are open for business in Singapore;
“Client” means a Person in need of Talent Services who accesses or uses the Platform as an independent contractor for the purpose of finding, hiring and working with a Talent through MomoCentral;
“Content” means and includes, but is not limited to, any information, reports, design, text, sound recordings, images, links, graphics, logos, icons, photographs, images, moving images, illustrations, opinions, remarks, comments, artwork, links, questions, suggestions, video, software, data and other materials;
“MomoCentral” means MOKOMOMO INTERACTIVE PTE. LTD. (Company Registration No. 201108747G), a company incorporated in Singapore having its registered office at 426 Clemenceau Avenue North, #01-426, Singapore 229516; “Person” means and includes any:
(i) individual, corporation, firm, partnership, limited liability partnership, society, association, trade union, institution, business concern, organisation;
(ii) statutory body, agency or governmental authority;
(iii) quasi-governmental, inter-governmental or supranational body; or
(iv) regulatory, fiscal, taxing or other authority or organisation, in each case, whether foreign or local;
“Platform” means MomoCentral’s platform designed to allow Clients to find and work with Talents through MomoCentral;
“Privacy Policy” means the privacy policy located at [], as may be amended and/or supplemented from time to time;
“Services” means the products and services (including such associated features and functionality) provided by MomoCentral, including, but not limited to:
(i) the Site (and the provision thereof);
(ii) the Platform (and the provision thereof); and (iii) the Talent Services (and provision thereof);
“Site” means the website operated by MomoCentral located at https://momocentral.com/, and includes all Content provided therein;
“Specific Terms for Clients” means the specific terms for Clients located at [], as may be amended and/or supplemented from time to time;
“Specific Terms for Talents” means the specific terms for Talents located at [], as may be amended and/or supplemented from time to time;
“Talent Services” means design and/or software development services provided by the Talent;
“Talent” means a Person providing Talent Services who accesses or uses the Platform for the purpose of finding and working with a Client through MomoCentral;
“You”, “you”, “Your”, “your” means a Person who accesses or uses the Services, and such Person’s successors and permitted assigns;
3.2. In this Agreement, unless the contrary intention appears:
(a) words importing the singular shall also include the plural and vice versa where the context requires;
(b) words of any gender include all genders;
(c) clause headings and schedules are for ease of reference only and are not intended to affect interpretation of the relevant provision; and
(d) a reference to a document includes:
(i) all amendments or supplements to, or replacements or novations of, that document;
and (ii) any agreement in writing, or any certificate, notice, instrument or other document of any kind.
3.3. In the event of any conflict, ambiguity or inconsistency arising between this Agreement and any other agreement that you may have with MomoCentral arising out of, or in connection with, the Services, you agree to and shall consult with MomoCentral on the term that shall prevail.

4. Use of the Services
4.1. Subject to the terms of this Agreement, MomoCentral shall grant you a limited, revocable, nonexclusive and non-transferable licence to access and use the Services.
4.2. In connection with your use of the Services, you acknowledge, agree and undertake to:
(a) comply with all terms of this Agreement;
(b) not act in any manner inconsistent with this Agreement;
(c) be responsible for obtaining and using the necessary software, device, hardware and equipment necessary to obtain access and use of the Services at your own risk and expense; and
(d) be responsible for all network charges incurred in connection with your access and use of the Services.

5. MomoCentral’s Intellectual Property
5.1. Unless otherwise expressly specified by MomoCentral in writing, the copyright and all other intellectual property in and to the Content provided through the Services are owned by MomoCentral and may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licenced, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of MomoCentral.
5.2. All trade marks, service marks, logos, domain names and other distinctive brand features used in the Services are the property of MomoCentral and/or the respective third party proprietors identified in the Services. No licence or right is granted and your access and use of the Services shall not be construed as granting (by implication, estoppel or otherwise) any licence or right to use any trade marks, service marks, logos, domain names and other distinctive brand features appearing on the Services without the prior written consent of MomoCentral or the relevant third party proprietor thereof.

6. Prohibited Activities
6.1. In connection with your access and use of the Services, or in the course of your interactions with MomoCentral, other users or third parties, you shall not (whether directly or indirectly):
(a) breach this Agreement or any other agreement that you have agreed to with MomoCentral;
(b) violate any law, statute or regulation or otherwise use the Services for any purpose that is illegal or beyond the scope of their intended use;
(c) stalk, harass and/or threaten MomoCentral’s employees, agents or other users;
(d) upload, download, post, email, transmit, store or otherwise make available any Content on the Services (whether privately, publicly or otherwise) that is unlawful, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive or otherwise objectionable;
(e) use the Services to engage in any copyright infringement or other intellectual property infringement (including, but not limited to, uploading any Content to which you have no right to upload) or disclose any trade secret or confidential information in violation of a confidentiality, employment or non-disclosure agreement;
(f) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services;
(g) interfere with the proper working of the Services;
(h) compromise the security of the Services;
(i) infringe on MomoCentral’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(j) act in a manner that is defamatory, trade libellous, threatening or harassing;
(k) provide false, inaccurate or misleading information to MomoCentral;
(l) refuse to cooperate in an investigation or provide confirmation of your identity or any Content that you provide to MomoCentral;
(m) duplicate, transfer, give access to, copy, disclose or distribute any part of the Services in any medium whatsoever;
(n) develop any applications that interact with the Services without MomoCentral’s prior written consent;
(o) access the Services’ application programming interface with an unauthorised or third party client;
(p) reverse engineer, alter or modify any part of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Services;
(q) use any robot, spider, crawler, scraper, other automatic device or manual process to monitor or copy the Services or to extract data from the Services, without MomoCentral’s prior written consent;
(r) use any automated system, including, but not limited to, load testers, that accesses the Services in a manner that sends more request messages to the Services in a given period of time than a human can reasonably produce in the same period of time;
(s) use an anonymising proxy;
(t) transmit spam, chain letters or other unauthorised or unsolicited advertising, spam, solicitations, messages or Content to, from, through or using the Services and the servers or infrastructure running the Services;
(u) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers or infrastructure running the Services;
(v) take any action that imposes (or may impose, at MomoCentral’s absolute discretion) an unreasonable or disproportionately large load on the servers or infrastructure running the Services;
(w) upload or facilitate any invalid data, viruses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Content of the Services;
(x) collect or harvest any personally identifiable information, including emails, from the Services;
(y) violate the publicity, privacy or data protection rights of others;
(z) take any action that may cause MomoCentral to lose any of the services from MomoCentral’s Internet service providers, payment processors or other suppliers;
(aa) indicate or attempt to indicate in any manner that you have a relationship with MomoCentral or that MomoCentral has endorsed you or any products or services without MomoCentral’s prior written consent;
(bb) impersonate another Person or otherwise misrepresent your affiliation with a Person or entity, conducting fraud, hiding or attempting to hide your identity;
(cc) access any Content on the Services through any technology or means other than those provided or authorised by the Services;
(dd) use or attempt to use another user’s account maintained with MomoCentral without authorisation;
(ee) bypass or circumvent any measures MomoCentral may use to prevent or restrict access to the Services (including, but not limited to, features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or the Content therein);
and (ff) bypass or circumvent any MomoCentral policy or determinations about your Account, such as temporary or indefinite suspensions (including, but not limited to, attempting to create new or additional Account or using someone else’s account maintained with MomoCentral).
6.2. Notwithstanding clause 6.1, MomoCentral grants the operators of public search engines permission to use spiders and crawlers to copy Content from the publicly-accessible parts of the Services, for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content.

7. Changes to the Services
7.1. MomoCentral may from time to time at its absolute discretion and without any notice to you:
(a) add, modify, remove or discontinue (whether temporarily, permanently or otherwise) the Services, any of its features or functionalities, or any portions thereof; and
(b) charge fees for access to all or any part of the Services.

8. Communications
8.1. If you provide MomoCentral with any communication addresses (including, but not limited to, email addresses and unique phone identifiers), you are deemed to have agreed and consented to receiving all communications, agreements, documents, notices and disclosures that MomoCentral may provide in connection with your use of the Services electronically, including, but not limited to:
(a) agreements and policies that you agree to (including amendments and updates to such agreements and policies);
(b) invoices; and
(c) transaction receipts or confirmations.
8.2. You acknowledge and agree that certain communications may only be accessible from within the Services and you shall access and use the Services to access such communications.

9. Your Representations and Warranties
9.1. You hereby represent, warrant and undertake that:
(a) you have full capacity and authority to accept, agree and enter into this Agreement;
(b) all authorisations, consents, licences and approvals (whether under any applicable laws or otherwise) required to accept and agree to this Agreement have been obtained and would be maintained in full force and effect;
(c) you are not barred (whether under any applicable laws or otherwise) from accessing and using the Services; and
(d) your access and use of the Services is not in contravention of any applicable laws where you are situated.
9.2. The representations, warranties and undertakings in this clause 9 shall be deemed repeated each time you access or use any of the Services.

10. Availability and Inherent Risks
10.1. You acknowledge and agree that:
(a) the Services may be temporarily unavailable from time to time for maintenance (whether scheduled, unscheduled or otherwise) or for any other reason;
(b) the Services are not intended for distribution to, access or use by any Person in any jurisdiction or country where such distribution, access or use would be contrary to local law or regulation;
(c) MomoCentral is entitled at any time to restrict any Person’s access to the Services (including, but not limited to, the throttling or blocking of specific internet protocol addresses);
(d) the Services may not:
(i) perform their intended functions;
(ii) be free from defects in design, material and workmanship;
(iii) be uninterrupted, free from any errors, computer viruses or other malicious, destructive or corrupting code, agent, program or macros, or that any defect will be corrected; and
(iv) be free from any virus, Trojan horse, key loggers, worm, malware, botnets, timebombs or other software program, routine, file or code design which are malicious in intent and which may, without limitation, (x) permit unauthorised access or damage to the Services; (y) destroy or corrupt any data stored on or processed by the Services; or (z) infect your system; and
(e) any transmissions and information transmitted to and from the Services (including, but not limited to, your Content and MomoCentral’s Content), may:
(i) be unencrypted and stored in an unencrypted manner;
(ii) involve transmissions over various networks;
(iii) undergo changes to conform with and adapt to technical requirements of connecting networks or devices;
(iv) involve transmission to and storage with any third parties for the operation and maintenance of the Services; and
(v) be subject to interruption, interception, hacking, unauthorised public disclosures, fluctuation, inaccuracy, defect, corruption, loss, connection error, transmission blackout, delayed or failed transmission and/or incorrect, garbled or incomplete data transmission.
10.2. MomoCentral shall not be responsible or liable for any breakdown, breach of security, closure, connection failure, corruption, delay in operation or transmission, defect, disruption, error, failure, fault, interruption, malfunction, omission or unavailability of the Services and does not warrant that any defect (whether identified or otherwise) will be corrected.

11. Your Content
11.1. You shall retain all ownership rights to Content that you upload, submit, store, send or receive to, from or through the Services.
11.2. You agree that any Content that you upload, submit, store on or send to the Services shall be your sole responsibility, shall not infringe or violate the rights of any other Person or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste.
11.3. You hereby represent and warrant in respect of all Content you upload, submit, store on or send to the Services that:
(a) you are the owner of such Content;
(b) you have all necessary rights, licences and authorisation to distribute such Content; and
(c) such Content does not infringe or violate the rights of any Person (including, but not limited to, intellectual property rights) or otherwise contravene any applicable laws or regulations.
11.4. The representation and warranty in clause 11.3 shall be deemed repeated each time you upload, submit, store or send any Content to the Services, whether such Content is uploaded, submitted, stored or sent intentionally or otherwise.
11.5. You acknowledge and agree that each time you upload, submit, store, send or receive Content to or through the Services, you shall grant MomoCentral (and its affiliates) a worldwide, nonCTLC’s draft of 29 December 2015 exclusive, royalty-free, sub-licensable and transferable licence to use, host, store, reproduce, modify, adapt, create derivate works (including, but not limited to, those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such Content. For the avoidance of doubt, such licence granted shall survive the termination of this Agreement indefinitely.
11.6. You acknowledge and agree that MomoCentral shall not be responsible for any Content provided by any other Person. Notwithstanding the foregoing, MomoCentral shall be entitled at any time (at its absolute discretion) to pre-screen, move, refuse, modify and remove any Content at any time, without any notice to anyone.

12. Third Party Sites and Content
12.1. Through the Services, MomoCentral may:
(a) provide links to documents, websites, resources, software applications, mobile applications or other Content owned, controlled, provided or offered by third parties; and/or
(b) publish or make available any Content owned, controlled, provided or offered by third parties. (collectively, “Third Party Content”)
12.2. You acknowledge and agree that:
(a) your access and use of any Third Party Content is at your own risk and subject to the terms applicable as may be contained or specified therein;
(b) links to or publications of any Third Party Content does not imply any endorsement or verification by MomoCentral of such Third Party Content;
(c) the Third Party Content may contain material that you find objectionable or otherwise; and
(d) MomoCentral is not responsible or liable in any way for:
(i) the availability or accuracy of any Third Party Content;
(ii) the Content, products or services on or available from or on any Third Party Content; and
(iii) any responsibility or liability (whether directly or indirectly) arising from or in connection with your access and use of any Third Party Content.

13. Account
13.1. You may be required to create and register for an Account to access and use certain parts of the Services. If you are required to create and register for an Account for such access and use, the creation and registration of such Account (and your continued use thereof) may be subject to your acceptance of such further terms as may be prescribed by MomoCentral from time to time in its absolute discretion without any notice to you.
13.2. You may register for an Account by submitting an application to MomoCentral through the Site, or in such manner and form as may be required by MomoCentral from time to time.
13.3. You agree to provide MomoCentral with all such information and/or assistance as may be necessary (including, where relevant and not limited to, the provision of identification documents) for MomoCentral to clarify or verify any information and Content which you have provided.
13.4. By registering for an Account, you consent to:
(a) MomoCentral at any time contacting you via any means (including, but not limited to, email, telephone, mail or in-person); and
(b) MomoCentral at any time accessing your Content, for any and all purposes in connection with the Services.
13.5. You warrant that all information and Content (including, but not limited to, your email address, your name, your browser agent details and your internet protocol addresses) that you provide to MomoCentral in connection with your Account and/or your access and use of the Services are true and accurate to the best of your knowledge. The warranty in this clause 13.5 shall be repeated each time you provide additional or updated information to MomoCentral, whether such information is provided intentionally or otherwise.
13.6. If any of the information and Content which you have provided MomoCentral with is or becomes untrue or inaccurate, you agree and undertake to inform and update MomoCentral accordingly and immediately upon becoming aware of any such untruthfulness or inaccuracy.
13.7. Your Account name, other identifiers you adopt within the Services and other similar resources you use in connection with the Services shall remain the property of MomoCentral and nothing in this Agreement shall be construed as conveying you any interest, title or licence to your Account name, other identifiers you adopt within the Services and other similar resources you use in connection with the Services. MomoCentral reserves the right and have the absolute discretion to disable, reclaim and reuse such identifiers once your Account is suspended or closed for whatsoever reason by you or by MomoCentral.
13.8. MomoCentral reserves the right to reject any Account application in its absolute discretion without giving you any reason nor any notice, and you shall not hold MomoCentral responsible for any loss or damage suffered thereby.

14. Account Security
14.1. You shall, and shall procure that each Account user, maintain the security of your Account and keep confidential all passwords, personal identification numbers (PINs) or any other codes used to access your Account and the Services.
14.2. You shall inform MomoCentral of any security breach of your Account, notwithstanding that MomoCentral shall not be required or obliged to take any action even after being informed of any such security breach.
14.3. You shall be responsible and liable for all transactions (whether with your authorisation or otherwise) effected through the access and use of your Account.
14.4. MomoCentral shall be entitled at any time without giving any notice to deactivate or revoke the use of any passwords, personal identification numbers (PINs) or any other codes.
14.5. MomoCentral shall not be responsible or liable for any loss or damages that you may suffer as a result of your failure to keep your Account secure.

15. Variation of Accounts and/or Services
15.1. MomoCentral may at any time without any notice, without giving any reason and without incurring any liability:
(a) limit, cancel or suspend the operation or use of any Account and the Services in whole or in part for any reason whatsoever (including, but not limited to, force majeure, computer breakdown, unauthorised disclosures of your password, your non-compliance with this Agreement or any terms incorporated herein);
(b) set or vary the frequency or manner of use of any Account and the Services (including, but not limited to, the services, features, products and facilities available through or under the Account and the Services); and
(c) make available new, additional or enhanced services and products through or under your Account and the Services.
15.2. Your access and use of any new or varied Services may be subject to further terms and conditions, and your use of such new or varied Services shall constitute your acceptance and agreement to be bound by such further terms and conditions.

16. Closure of Account and Termination of Services
16.1. MomoCentral may at any time in its absolute discretion:
(a) close your Account; and
(b) suspend, terminate, withdraw or revoke any of the Services, in whole or in part, without giving you any reason nor any notice, and you shall not hold MomoCentral responsible for any loss or damage suffered thereby.
16.2. Your obligation to pay MomoCentral all fees, costs, charges, expenses and amounts accrued up to the date of closure of your Account or suspension, termination or revocation of any of the Services shall survive the termination of this Agreement.
16.3. Upon closure of your Account or termination or revocation of any of the Services:
(a) you shall immediately return to MomoCentral all originals, copies and extracts of all Content belonging to MomoCentral in your possession, custody or control;
(b) where there are Content belonging to MomoCentral in a form incapable of return or has been copied or transcribed into another document or medium, such Content shall be destroyed or erased (unless otherwise directed by MomoCentral in writing); and
(c) MomoCentral shall be entitled to retain or delete (at its absolute discretion) any Content in respect of your Account.

17. Disclaimer
17.1. Your access and use of the Services is entirely at your own risk.
17.2. The Services are provided on an “as is” and “as available” basis without warranties of any kind, and MomoCentral, its officers, directors, agents, partners, joint ventures, employees and suppliers expressly disclaims any and all warranties (whether express or implied) including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, freedom from malicious code and non-infringement.
17.3. MomoCentral, its officers, directors, agents, partners, joint ventures, employees and suppliers does not guarantee, represent or warrant:
(a) the truth, accuracy, adequacy, completeness or reasonableness of the Content contained in or accessed through the Services;
(b) that your access and use of the Services will be uninterrupted or error-free, and you agree that MomoCentral may from time to time remove the Services for indefinite periods of time or cancel the Services;
(c) that the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and MomoCentral expressly disclaims any liability thereto; and
(d) any material or Content downloaded or otherwise obtained through your access and use of the Services.
17.4. MomoCentral, its officers, directors, agents, partners, joint ventures, employees and suppliers expressly disclaim any and all liability for any errors in, or omissions from, the Services and the Content contained in or access through the Services.
17.5. Any material or Content you download or otherwise obtain through your access and use of the Services is at your own risk and you shall be solely responsible for any damage caused to your device, computer or loss of data that results from the download of such material or Content.
17.6. Any representation, warranty or guarantee that MomoCentral may make in this Agreement or through the Services is expressly disclaimed notwithstanding the specific exclusion thereof of the applicability of this clause.

18. Indemnity
18.1. You hereby agree to defend, indemnify and hold harmless MomoCentral, its officers, directors, agents, partners, joint ventures, employees and suppliers against any and all claims, damages, losses, obligations, deficiencies, judgments, awards, demands, penalties, taxes, expenses, disbursements, costs, fines and other liabilities (including, but not limited to, any expenses of investigation and legal fees and expenses in connection with any action, suit or proceeding) suffered or incurred by MomoCentral in connection with or arising out of:
(a) any misrepresentation or breach of any representation, warranty, covenant or agreement made by you in this Agreement;
(b) any wilful, unlawful or negligent act or omission made by you in relation to this Agreement;
(c) any infringement or alleged infringement of any action, claim, damages, charges and costs arising from or incurred by reason of any use of patents, design, copyright, intellectual property or other statutory or common law rights of any Content supplied or furnished by you;
(d) your violation of any other rights of another Person;
(e) any action taken by MomoCentral as part of its investigation of a suspected violation of this Agreement;
(f) your access and use of the Services;
(g) any other party’s access and use of the Services using your Account;
(h) your breach of any terms of this Agreement; and
(i) any other party’s breach of any terms of this Agreement where such party was able to access and use the Services by using your Account.

19. Exclusion of Liability
19.1. To the fullest extent permissible by applicable law, in no event shall MomoCentral, nor its officers, directors, agents, partners, joint ventures, employees and suppliers, be liable for any damages, losses, expenses or costs whatsoever (including, but not limited to, any direct, indirect, special, incidental or consequential damages, loss of profits or lost opportunity) arising out of or in connection with your use of the Services or your reliance on any Content provided on or through the Services, regardless of the form of action and even if MomoCentral or its officers, directors, agents, partners, joint ventures, employees and suppliers had been advised as to the possibility of such damages.

20. Privacy Policy
20.1. The Privacy Policy shall be incorporated by reference into and forms an integral part of this Agreement.
20.2. You hereby consent to MomoCentral’s collection, use, disclosure and processing of your personal data in accordance with this Agreement and the Privacy Policy.

21. General
21.1. MomoCentral shall not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action and Internet disturbance) that was beyond MomoCentral’s reasonable control.
21.2. Any variation to this Agreement must be in writing. If variations are made specifically in relation to an identified Person or to an identified group of Persons, such variations must expressly state that it is variating this Agreement.
21.3. Any rights and obligations under this Agreement which by their nature should survive (including, but not limited to, clauses 17 (Disclaimer), 18 (Indemnity) and 19 (Exclusion of Liability)) shall remain in effect indefinitely after the termination or expiration of this Agreement.
21.4. You may not transfer or assign any rights or obligations which you have under this Agreement without MomoCentral’s prior written consent. MomoCentral reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
21.5. No failure or delay by MomoCentral to exercise or enforce any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
21.6. If any provision of this Agreement is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, this Agreement shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision, and the legality, validity and enforceability of such provision in any other jurisdiction shall not be affected.
21.7. MomoCentral may provide you with notices regarding the Services, including any changes to this Agreement, by email, regular mail, SMS, through the Services, or any other means MomoCentral deems necessary.
21.8. This Agreement constitutes the entire agreement between you and MomoCentral, governs your use of the Services and completely replaces any prior agreements, arrangements or understandings between you and MomoCentral in relation to the Services. Additional terms may apply when you use any affiliate services, third party content or third party software.
21.9. This Agreement may be executed in any number of counterparts (including, but not limited to, facsimile, PDF or other electronic copies or means), each of which when taken together shall constitute one and the same instrument.
21.10. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of this Agreement.
21.11. This Agreement shall be governed by and construed in accordance with the laws of Singapore and you irrevocably submit to the non-exclusive jurisdiction of the Singapore courts.