THE IGNITION AI
Terms of Service
Last Updated: 12 March 2025
PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND PARTICIPATION IN IGNITION’S SERVICES WHETHER AS A PARTICIPANT, PARTNER OR OTHERWISE. YOU ARE ADVISED TO FULLY UNDERSTAND YOUR OBLIGATIONS AND RISKS UNDER THESE TERMS BEFORE USING IT. IF YOU HAVE ANY CONCERNS WITH THESE TERMS, PLEASE CONSULT A PROFESSIONAL ADVISOR BEFORE ENTERING INTO AND ACCEPTING THESE TERMS.
Unless otherwise specifically mentioned in these Terms, you will be deemed to have accepted and agreed to these Terms by: (i) by accessing https://theignition.ai/ and all other related websites owned and/or operated by THE IGNITION AI PTE. LTD. (“Ignition”) (each as applicable, the “Website”); (ii) agreeing to any other Documentation that references and/or incorporates these Terms; and/or (iii) participating in Ignition’s Services (whether as a Participant, Partner or otherwise) (the “Commencement”), on such date that the Commencement begins (the “Commencement Date”).
References to “you”, “your” and “User” shall refer to you as the person who is accessing the Website, where applicable, participating in any of Ignition’s Services (whether as a Participant, Partner or otherwise), and as the person who has accepted and agreed to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its relevant Affiliates (as a User) to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and are not permitted to use the Website.
These Terms are expressly deemed to incorporate our Privacy Policy (accessible at https://theignition.ai/privacy-policy/) and all other policies and documents published by us on the Website.
These Terms may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which these Terms were last updated. You are encouraged to check for any updates to these Terms prior to your use of the Website. Your continued use of the Website constitutes your acknowledgement and acceptance of these Terms as changed from time to time.
- GENERAL DEFINITIONS AND INTERPRETATION
- Definitions
“Account” |
| means your account registered with us (via the Website or otherwise). |
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“Account-Related Information” |
| means contact information, payment information, and biographical information about a User’s representatives and contacts used for marketing, opening new Accounts to use the Services, and maintaining existing Accounts. |
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“Affiliate” |
| means any entity controlling, controlled by, or under common control with the reference entity, where the term “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise. |
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“Confidential Information” |
| has the meaning ascribed to it in Clause 14.1. |
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“Content” |
| means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a device that appears on, or forms part of, the Website. |
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“Designated Third Party Platforms” |
| has the meaning ascribed to it in Clause 15.3. |
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“Disclosing Party” |
| has the meaning ascribed to it in Clause 14.1. |
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“Documentation” |
| means any documentation (including guidelines, policies, rules and additional terms and conditions) provided or published by Ignition in connection with the relevant Services, or any other agreements in respect of any relevant Services |
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“Event” |
| means any event (including conferences, programmes and activities) whether physical or virtual, planned, organised and/or executed by Ignition in connection with the Programme. |
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“Event Scope of Work” |
| means the separate document containing details of each Event which a Partner engages Ignition to plan, organise and execute, which is to be agreed and signed (whether electronically other physically) between the Partner and Ignition. |
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“Feedback” |
| has the meaning ascribed to it in Clause 10.2.1. |
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“Ignition Technology” |
| has the meaning ascribed to it in Clause 10.1.2. |
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“Indemnified Parties” |
| has the meaning ascribed to it in Clause 8.1.1. |
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“Intellectual Property” |
| means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights. |
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“Jurisdiction Specific Terms” |
| has the meaning ascribed to it in Clause 16.1. |
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“Open Source Software” |
| means any open source, community or other free code or libraries of any type, including, without limitation, any code which is made generally available on the Internet without charge (such as, for example purposes only, any code licensed under any version of the MIT, BSD, Apache, Mozilla or GPL or LGPL licenses). |
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“Organising Partner(s)” |
| means the Partner(s) that co-organises the Programme and/or an Event, as the case may be. |
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“Participant” or “Participants” |
| means a User (or Users) that agrees to participate in the Programme under these Terms. |
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“Partner” or “Partner(s)” |
| means a User (or Users) that has engaged Ignition to plan, organise and execute the Programme and/or an Event (as the case may be) as part of the Services under these Terms. |
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“Partner Service Fee” |
| means the total amount payable by the Partner to Ignition as agreed in each Event Scope of Work for the Services to be performed under each Partner Service Agreement. |
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“Party” or “Parties” |
| means Participant(s), Ignition and the Partner(s). |
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“Personal Information” |
| means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, to an identified or identifiable living natural person, including but not limited to: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s licence number, government identification card number, passport number, or other similar identifiers; (ii) any patient, medical records or other protected or regulated health information; (iii) any financial information (including bank account or payment card numbers) or any other information subject to regulation or protection under specific laws or regulations; or (iv) information defined as “personal information,” “personally identifiable information,” “personal data,” or similar expressions under applicable privacy laws or data security laws, including the Personal Data Protection Act 2012. |
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“Programme” |
| means the accelerator programme hosted and organised by Ignition and/or its Organising Partner(s) (as co-organisers) from time to time. |
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“Programme Footage” |
| has the meaning ascribed to it in Clause 10.5.1 |
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“Programme Participation Agreement” |
| has the meaning ascribed to it in Clause 6.2. |
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“Programme Rules” |
| means the rules and Programme details relating to the Programme (which, where applicable, may be in relation to an Event or Events) as set by Ignition (and, where applicable, as agreed with the relevant Partner). |
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“Receiving Party” |
| has the meaning ascribed to it in Clause 14.1. |
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“Registration Terms” |
| has the meaning ascribed to it in Clause 6.6.2(b). |
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“Sanctions” |
| means any sanctions laws, regulations, embargoes or restrictive measures as may be amended and enacted from time to time by the United Nations, United States, the European Union or any such member state or their respective governmental authority or agency. |
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“Sanctions Authority” |
| includes the United Nations, the United States, the European Union or any Member State thereof, the United Kingdom, Switzerland or the respective governmental authorities and agencies of any of the foregoing that is responsible for administering, enacting or enforcing Sanctions, including without limitation, OFAC, the US Department of State, the United Kingdom Treasury or the SECO. |
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“Sanctions List” |
| includes:
- the Consolidated United Nations Security Council Sanctions List;
- the Specially Designated Nationals and Blocked Persons List;
- the Sectorial Sanctions Identification List maintained by the US Office of Foreign assets Control;
- the Consolidated List of Persons, Groups and Entities subject to EU Financial Sanctions;
- the Consolidated List of Financial Sanctions Targets;
- Lists of persons subject to restrictive measures in view of Russia’s actions de-stabilising the situation in Ukraine maintained by the United Kingdom Treasury;
- the Overall List of Sanctioned individuals, entities and organisations maintained by the Swiss State Secretariat for Economic Affairs;
- Ordinance lists of the Swiss Federal Council; and
- any such similar list maintained by or public announcement of sanctions made by any other Sanctions Authority.
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“Services” |
| means (i) the services provided through and on the Website, including those set out in Clause 4.1 and/or such other services as may be offered on the Website from time to time, and (ii) any other services provided by Ignition where these Terms are referenced or incorporated. |
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“Third Party Component Terms” |
| has the meaning ascribed to it in Clause 15.1. |
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“Third Party Components” |
| has the meaning ascribed to it in Clause 15.1. |
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“Third Party Platform Terms” |
| has the meaning ascribed to it in Clause 15.3. |
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“Usage Data” |
| has the meaning ascribed to it in Clause 10.3. |
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“USD” or “US$” |
| means United States Dollars, the lawful currency of the United States of America. |
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“your Likeness” |
| has the meaning ascribed to it in Clause 10.5.1. |
- Interpretation
- The terms defined in Clause 1.1 and elsewhere in these Terms will have the meanings therein specified for the purpose of these Terms. Any reference to a Clause in these Terms is a reference to a clause of these Terms.
- Where applicable:
- “Ignition” and “we” refer to IGNITION AI PTE. LTD. (UEN No.: 201941823Z) and/or its related corporations and references to “us” and “our” shall be construed accordingly;
- references to the “Programme” in relation to the Parties shall be to the Programme (or run of the Programme) relevant to such Parties, and includes any Events in respect thereof;
- references to the “Website” include all related applications and the Content and the Services in respect of the relevant Website, and references to “using” the Website include accessing and using the Content and the Services in respect of the relevant Website;
- references to “Terms” are to these Terms of Service, as may be revised, amended or supplemented from time to time, which expression shall where the context so admits, include any one of them; and
- the expression “written” or “in writing” means the representation or reproduction of words or symbols or other in-formation in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mails) or otherwise.
- In these Terms, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees. Expressions in the singular form include the plural and vice versa.
- No rule of law or interpretation to the effect that an ambiguity in a document is to be construed against the party drafting or preparing a document shall apply in respect of these Terms.
- Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).
- The headings used in these Terms are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms.
- ABILITY TO ACCEPT THESE TERMS
- You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- You affirm that you are not a citizen of, resident in, located in, incorporated in, owned or controlled by, acting on behalf or for the benefit of any person, or otherwise, in:
- any country listed on any Sanctions List; and
- any country or territory targeted by the Sanctions (as amended) which are administered, enacted or enforced by the Sanctions Authority.
- In the event where you are found to be acting in contravention of Clause 2.2, Ignition and the Organising Partner(s) reserves the right to remove you from the Programme and bar your participation in future Programmes or Events.
- WEBSITE TERMS OF USE
- Acceptance of Terms of Service. Ignition owns and operates the Website and our sub-domains. Your use and access of the Website is subject to these Terms. By using and accessing the Website, you are deemed to have accepted and agree to be bound by these Terms. We may make changes to these Terms from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms on the Website. Your use and access of the Website following changes to these Terms will constitute your acceptance of those changes.
- Access to the Website
- You are responsible for all access to the Website using your internet connection, even if the access is by another person.
- We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website.
- We make no promise that the materials on the Website (including any information and/or content on the Website) are appropriate or available for use in locations outside Singapore. Accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
- Your use of the Website
- Your permission to use the Website is personal to you and non-transferable. Your use of the Website is conditional on your compliance with these Terms.
- You agree that you will not:
- use the Website for any fraudulent or unlawful purpose;
- use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
- impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Website or express or imply that we endorse any statement you make;
- interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available or violate any requirements, procedures, policies or regulations of such networks;
- transmit or otherwise make available in connection with the Website any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website, including any information of any or all Users obtained through the incidental use of the Website;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program, you must contact us and we may provide interface data subject to verification of your identity and other information;
- remove any copyright, trade mark or other proprietary rights notice from the Website or materials originating from the Website;
- frame or mirror any part of the Website without our express prior written consent;
- create a database by systematically downloading and storing any content on the Website; and
- use any manual or automatic device in any way to gather content on the Website or reproduce or circumvent the navigational structure or presentation of the Website, except where our express prior written consent has been obtained. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials originating from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
- We reserve the right to revoke these exceptions either generally or in specific instances.
- Upon your use of the Website, you hereby acknowledge and agree that you will be solely responsible for understanding and complying with all legal obligations (including any employment or recruitment related legal obligations) applicable to you, and you are advised to seek independent legal advice. We will not be responsible for any legal obligations or liabilities that may arise from your use of the Website, including such obligations that may relate specifically to your use of the Services.
- Without prejudice to the general nature of the foregoing, we reserve the right to revoke any access to the Website at any time at our sole discretion, except to the extent otherwise expressly and specifically agreed with you. If we terminate your access to the Website you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website.
- Links to the Website
- You may create a link to this Website, provided that:
- the link is fair and legal and is not presented in a way that is:
- misleading or could suggest any type of association, approval or endorsement by us that does not exist; or
- harmful to our reputation or the reputation of any of our affiliates; and
- you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
- We reserve the right to require you to immediately remove any link to the Website at any time and you shall immediately comply with any request by us to remove any such link.
- Collection of Personal Information. We may collect and use information about you in accordance with our Privacy Policy and pursuant to the Personal Data Protection Act 2012 (and any other applicable data protection laws), which can be accessed at https://theignition.ai/privacy-policy/. To the extent that there is any conflict between any provision of these Terms and our Privacy Policy, the contents of our Privacy Policy shall prevail in respect of such conflict in so far as the matters of data protection are concerned.
- Duration of Terms of Service. These Terms are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Website. If we terminate your access to the Website you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website.
- IGNITION’S SERVICES
- Services
Ignition provides the Services through and on the Website, which includes (but are not limited to):
- Planning, organising and executing the Programme (whether with Organising Partner(s) or otherwise);
- developing business acceleration and incubation programmes;
- developing experiential and developer marketing programmes; and
- Relationship between Users. Partners and Participants shall perform all of their duties pursuant to the Programme as independent contractors. Except as expressly provided herein, no user of the Website shall have the power to direct or control the daily activities of any other user of the Website, or to constitute between any users of the Website, a relationship as principal and agent, employer and employee, franchisor and franchisee, partners, joint-venture partners, co-owners, or otherwise as participants in a joint undertaking.
- TERMS RELATING TO PARTNERS
- The terms set out in this Clause 5 applies only to Users who are Partners.
- The Partner understands, agrees and accepts that for each Event, the Partner shall enter into a separate Event Scope of Work with Ignition that is governed by and which incorporates these Terms. The Event Scope of Work together with these Terms (and in particular, this Clause 5), shall collectively form the binding individual service agreement between the Partner and Ignition (the “Partner Service Agreement”) for that particular Event.
- For the avoidance of doubt, each unique Event Scope of Work together with these Terms shall form separate Partner Service Agreements between the Partner and Ignition, and the terms of an Event Scope of Work agreed to by Ignition may exclude or amend the application of any of these Terms.
- Service Limitations. The Partner understands and accepts that it does not have rights to the personal information of Participants collected by Ignition for any Programme, except to the extent permitted under the applicable Terms for the Programme and which may be subject to the necessary consents from such Participants being obtained. All Participants are required to enter into the relevant Programme Participation Agreement, prior to their participation in any Programme.
- Reimbursable Out of Pocket Expenses. Expenses for costs that are not covered under the Event Scope of Work that are incurred by Ignition on behalf of the relevant Partner under a Partner Service Agreement will be billed within fourteen (14) days from the Programme end date in a separate invoice. Ignition will notify the Partner in advance regarding any specific programmes where such additional costs may arise. All such costs must be pre-approved in writing by the Partner before execution. A twenty percent (20%) administration fee will be applied to the total value of pre-approved out of pocket expenses incurred by Ignition on behalf of the Partner for the Programme.
- Payment Terms. The Partner shall pay Ignition the full Partner Service Fee within sixty (60) days from the date of issuance of the relevant invoice. All invoices will be sent within fourteen (14) days from the effective date of each signed Event Scope of Work.
- Payment Currency. All payments due under each Partner Service Agreement shall be paid in USD unless otherwise indicated in writing by Ignition. Conversion of foreign currency to USD will be made at the conversion rate determined by a pre-agreed platform.
- Cancellation Notice. In the event of a cancellation of any Partner Service Agreement by the Partner, a minimum notice period of thirty (30) days shall be given in writing to Ignition. Penalties for cancellation shall be included in the Event Scope of Work.
- Pause/Hold in Services. All pause or delay in Services under any Partner Service Agreement must be conveyed in writing by the relevant Party (or Parties) causing the pause or delay to the remaining Party (or Parties).
- Term of Service. Subject to any delays caused by Ignition, the Services to be provided under any Partner Service Agreement shall have a validity of one (1) calendar year from the date of the relevant Partner Service Agreement, unless any extension is otherwise agreed in writing by Ignition and the relevant Partner.
- License. Each Party grants the other a non-exclusive, non-transferable, royalty-free personal sub-license to use its name, approved likeness, trademarks, service marks or logos, whether registered or not for advertising, publicity and promotional purposes for the Programme (which shall include referencing the Programme and the relevant other Party’s participation in the Programme, both before and after the Programme).
- Ownership. Ignition acknowledges that it has no right, title or interest in any software, information, text, images, data, report, links, or other material, created by the Partner. The Partner retains all right, title and interest in such materials including all copyright, patent, trade secret and other proprietary rights worldwide.
- Limited Warranty. Ignition warrants and represents that the Services will be performed by appropriately qualified and trained personnel and with due care and diligence and to a standard of quality as recognised in the industry and as reasonable to expect in the circumstances so as to meet any requirements as agreed by the parties. Ignition further warrants and certifies that in the performance of this Agreement, it will comply with all applicable laws, statutes, rules, regulations and orders.
- Limitation of Liability. Ignition’s sole liability (and the Partner’s sole and exclusive remedy) for any breach of the warranty under Clause 5.13 will be, at no charge to the Partner, for Ignition to use commercially reasonable efforts to correct the reported non-conformity, or if Ignition determines such remedy to be impracticable, either party may terminate these Terms and the Partner hereby agrees and accepts to receive as its sole remedy a refund of any fees which it has paid pursuant to the relevant Partner Service Agreement. The limited warranty set forth in this Clause 5.14 will not apply unless the affected Partner makes a claim within thirty (30) days of the date on which it first noticed the non-conformity.
- TERMS RELATING TO PARTICIPANTS
- The terms set out in this Clause 6 applies only to Users who are Participants.
- The Participant understands, agrees and accepts that for the Programme (including each Event in the Programme), the Participant may be subject to: (i) separate Programme Rules which will be published by Ignition or the relevant Organising Partner(s) and notified to the Participant in respect of the Programme and/or a relevant Event, and/or (ii) additional agreements required to be entered into between the Participant and Ignition and/or the Organising Partner(s) as a condition for participation in the Programme (“Additional Participation Agreements”). These Terms (and in particular, this Clause 6) and, where applicable, the Programme Rules and the Additional Participation Agreements, shall collectively form the binding individual participation agreement between the Participant and Ignition (the “Programme Participation Agreement”) for that particular Programme.
- For the avoidance of doubt, each unique set of Programme Rules together with these Terms shall form separate Programme Participation Agreements between the Participant and Ignition, and the terms of a set of Programme Rules agreed to by Ignition may exclude or amend the application of any of these Terms.
- By participating in the Programme, you hereby fully and unconditionally agree to the terms and conditions that form each Programme Participation Agreement, all official Programme Rules and Ignition’s decisions, which are final and binding in all matters related to the Programme and each Event in the Programme.
- Each User represents, warrants and undertakes to Ignition that they will use the Website and the Services in compliance with all applicable laws and regulations, and will not use the Website and the Services to carry out or facilitate any illegal activity
- Registration
- Authority
By registering for the Programme, the User agrees, on your own behalf and on behalf of all persons for whom you registering for, to be bound by these Terms (which, for the avoidance of doubt, incorporates the Programme Rules in respect of Participants).
- Registration
- Users may be required to duly complete a registration to take part in the Programme and/or an Event.
- Where applicable, Ignition may publish registration requirements, rules, procedures and/or other terms applicable to each registration on the Website (the “Registration Terms”). Where there are Registration Terms applicable to the registration of the Programme, it shall be a condition that the Registration Terms are complied with for a registration to be valid.
- To the extent permissible under applicable law, Ignition reserves the right to alter, add, withdraw or substitute the Registration Terms without prior notice (provided that save in the case of manifest error, any such change to the Registration Terms shall apply prospectively).
- Ignition reserves the right to reject any registration (whether retrospectively or prospectively) in respect of any User:
- whose conduct is considered by Ignition and/or the Organising Partner(s) to be disruptive, unbefitting, or poses a threat to any person or service at the Programme;
- who has been reasonably suspected to have carried out the registration by unlawful means; and/or
- where there has been any breach of these Terms and/or the Registration Terms in respect of the registration of the User and/or such User’s participation in the Programme.
- Applications
- Certain Programmes may require Users to submit an application for approval to take part in the Programme.
- Where applicable, Ignition may publish application requirements, rules, procedures and/or other terms applicable to each registration on the Website (the “Application Terms”). Where there are Application Terms applicable to the registration of the Programme or an Event, it shall be a condition that the Application Terms are complied with for a registration to be valid.
- For the avoidance of doubt, the Application Terms may include criteria or conditions for the approval of the relevant application, including the applicant meeting certain qualifications or passing an interview.
- To the extent permissible under applicable law, Ignition reserves the right to alter, add, withdraw or substitute the Application Terms without prior notice (provided that save in the case of manifest error, any such change to the Application Terms shall apply prospectively).
- Ignition reserves the right to reject or withdraw approval for any application (whether retrospectively or prospectively) in respect of any User:
- whose conduct is considered by Ignition and/or the Organising Partner(s) to be disruptive, unbefitting, or poses a threat to any person or service at the Programme;
- who has been reasonably suspected to have carried out the application by unlawful means; and/or
- where there has been any breach of these Terms and/or the Application Terms in respect of the application of the User and/or such User’s participation in the Programme.
- CANCELLATION, SUSPENSION OR MODIFICATION OF THE PROGRAMME
- Ignition and/or the Organising Partner(s) reserve the right to cancel, suspend and/or modify the Programme or an Event, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Programme, as determined by Ignition and/or the Organising Partner(s) in at their discretion without notice in any manner and for any reason (including, without limitation, in the Programme of any unanticipated occurrence that is not fully addressed in this Participation Agreement). In the Programme of cancellation, modification, or suspension, Ignition and/or the Organising Partner(s) may, at their sole discretion, reschedule the Programme. Any attempt by any person to deliberately undermine the legitimate operation of the Programme may be a violation of criminal and civil law, and, should such an attempt be made, Ignition and/or the Organising Partner(s) reserve the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Ignition and/or the Organising Partner(s’) failure to enforce any term of this Participation Agreement shall not constitute a waiver of that provision.
- In addition to any of Ignition’s other rights or remedies (including but not limited to any termination rights set forth herein), Ignition reserves the right to suspend a User’s access to the Services if: (i) Ignition determines such User has carried out a material breach of these Terms; or (ii) Ignition determines that suspension is necessary to prevent harm or liability to other Users or third parties, or to preserve the security, stability, availability or integrity of the Services. Ignition will have no liability for taking action as permitted above in this Clause. However, unless these Terms have been terminated in respect of the User, Ignition will cooperate with such User to restore access to the Services once it verifies that the User has resolved the circumstance requiring suspension (in the case of a circumstance that is able to be resolved).
- INDEMNITY AND EXCLUSION
- Indemnification by Users
- Without prejudice to any other provisions under these Terms, each User agrees to indemnify, defend and hold harmless Ignition and its directors, officers, employees, members, representatives, parent companies, subsidiaries, Affiliates, agents, partners, administrators, predecessor and successor entities and assigns (collectively, the “Indemnified Parties”) at all times and keep the Indemnified Parties indemnified against all actions, proceedings, losses (whether direct, indirect or consequential), loss of profit (whether revenue or anticipated profits), damages (whether in tort, contract or otherwise) taxes, expenses, costs, claims, demands and liabilities whatsoever (present, future, contingent or otherwise and including legal fees on a full indemnity basis) and howsoever arising, including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses which may be sustained, suffered or incurred by the Indemnified Parties as a result of, arising from or in connection with the exercise of Ignition’s rights hereunder, each User’s use of the Website, Services, any equipment, facilities and property (including furniture) provided or accessible during the Programme or an Event, whether or not such access or use was authorised or whether it was due to any act or omission on its part, the breach of these Terms by such User, the violation by such User of any rights of another person or entity or the breach by such User of any statutory requirement, duty or law.
- In the Programme where the User is unable to provide consent or approval, the User agrees and authorises Ignition and/or the Organising Partner(s) to consent on their behalf in respect of any first-aid and/or medical treatment by local physicians and/or hospitals, including surgical procedures in cases of emergency. All costs incurred in connection with such treatment and/or emergency aid shall be solely borne by the User. This provision and the exercise of any rights thereof by Ignition and/or the Organising Partner(s) shall not in any way be construed as any admission of liability whatsoever by Ignition and/or the Organising Partner(s).
- Exclusion
Neither Ignition nor any of its directors, officers, employees, members, representatives, parent companies, subsidiaries, Affiliates, agents, partners, administrators, predecessor and successor entities, assigns, contractors and suppliers shall be liable in contract, tort (including negligence or breach of statutory duty), strict liability or otherwise howsoever and whatever the cause therefor for any direct, indirect, punitive, incidental, special, consequential damages, losses, costs, expenses, liabilities of any nature whatsoever, including without limitation, damages for loss of use or data, loss of opportunity, loss of goodwill, loss of profits (whether revenue or anticipated profits) or losses to third parties, suffered or incurred by the User as a result of, arising out of or in connection with the use, performance or provision of the Services, including, without limitation, the following:
- any delay or inability to use the Website or Services;
- the provision or failure to provide the Website or Services;
- any information, data, software, products, services and related graphics obtained through the Website or Services; and
- any reliance on any statement, opinion, representation or information on the Website or Services.
- DATA PROTECTION
In accordance with the Personal Data Protection Act 2012 and all other applicable data protection laws (as the case may be), the data protection terms relating to processing of Account-Related Information are contained in our Privacy Policy, which can be accessed at https://theignition.ai/privacy-policy/. To the extent that there is any conflict between any provision of these Terms and our Privacy Policy, the contents of our Privacy Policy shall prevail in respect of such conflict in so far as the matters of data protection are concerned.
- OWNERSHIP AND INTELLECTUAL PROPERTY
- Intellectual Property of Ignition
- Any use of the Website and/or Services by you and any information properly given to you, whether relating to you or not, through your use of the Website and/or Services is granted subject to these Terms and pursuant to a limited, non-exclusive, non-transferable, non-sublicensable licence granted by Ignition, and is revocable at any time at our sole discretion. Except for these rights expressly granted to you, these Terms do not grant you any rights or licence by implication or otherwise with respect to any part of the Website.
- The Intellectual Property subsisting in the Website (including, for the avoidance of doubt and without limitation, any improvements, updates, upgrades, error-corrections or other modifications thereto, and any derivative work based thereon), belongs to or has been licensed by us unless specifically labelled otherwise (collectively, “Ignition Technology”). To the extent such Intellectual Property belongs to us, we retain all rights, title and interest to such Intellectual Property.
- Feedback
- Without affecting the general nature of the previous Clauses, you agree that Ignition shall be the sole and exclusive owner of all rights to any and all feedback provided by you in relation to the Website or Services, and any ideas, inventions and/or improvements (whether protectable by any Intellectual Property protection or not) conceived or derived or resulting from such feedback or embodied therein (collectively, “Feedback”).
- You hereby irrevocably assign to Ignition any and all rights that you may have in such Feedback, and to the extent such rights may not be assigned under applicable law, you hereby grant Ignition a royalty-free, perpetual, worldwide, exclusive, irrevocable licence to use such Feedback for any purpose, including commercial purposes.
- Usage Data
Notwithstanding anything to the contrary herein, the User agrees that Ignition may obtain and utilise Personal Information and/or technical data about the User’s use of the Services (“Usage Data”) to analyse, improve, market, support and operate the Services and otherwise for any business purpose during and after the term of these Terms, provided that Ignition may only utilise such Personal Information and/or Usage Data, where such utilisation is non-personally identifiable with respect to the User.
- Customer Portfolio and Representation
The User expressly agrees that Ignition may identify it by name and/or logo (where applicable) as a User of the Website and/or the Services and all other promotional materials utilised by Ignition.
- Videotaping and Still Photography:
- In return for Ignition and the Organising Partner(s) permitting your participation in the Programme (including any Events thereof), and for other good and valuable consideration the receipt and sufficiency is hereby acknowledged, you hereby agree and grant Ignition and the Organising Partner(s) (and each of their respective assigns, successors, parent, affiliated and subsidiary companies and their respective licensees), the irrevocable and perpetual right and license to videotape, record and photograph you and your appearance in connection with your participation in the Programme, including any and all performances, statements, compositions, stories (factual or fictional), or actions made by you, whether written, spoken, or otherwise expressed by you, or information given by you (collectively, the “Programme Footage”), as well as your name, likeness, voice, photograph, and/or performance (collectively, “your Likeness”) and/or any portion thereof, regardless of whether or not you are recognisable, for any purpose whatsoever, including, without limitation, the production, distribution, exhibition, publishing, or other exploitation of the Programme, in whole or in part, including, but not limited to, in connection with a program, podcast, advertising, promotion, marketing, merchandising, and publicity for Ignition, the Organising Partner(s) and their Affiliates, in perpetuity, in any and all media, manners and formats.
- You hereby further agree and accept that the Programme Footage or any part thereof (including, without limitation, your Likeness) can be edited, cut, added to, adapted, dubbed, modified and/or rearranged at the sole and absolute discretion of Ignition, the Organising Partner(s) or their Affiliates. Without limitation to the foregoing, you acknowledge that Ignition, the Organising Partner(s) or their Affiliates may juxtapose any part of the Programme Footage with any other part of the Programme Footage and alter the sequence of Programmes in the Programme Footage. You hereby waive unconditionally and irrevocably the benefit of any provision of law known as “moral rights” or similar laws now or hereafter prevailing in any part of the world.
- TERM AND TERMINATION
- Term
- These Terms shall take effect from the Commencement Date and carry on until terminated (whether generally or in respect of a specific User or specific Users) in accordance with these Terms.
- The term of any Partner Service Agreement (where applicable) shall be from the date on which the Partner enters into the relevant Event Scope of Work with Ignition and shall terminate upon the completion of the Programme, or pursuant to Clause 11.1.4 (whichever is earlier).
- The term of any Programme Participation Agreement (where applicable) shall be from the date on which the Participant enters into the Programme Rules with Ignition and shall terminate upon the completion of the Programme, or pursuant to Clause 11.1.4 (whichever is earlier).
- Except as otherwise agreed in writing by Ignition, we may terminate or suspend all or part of the Services (including the corresponding Partner Service Agreement or Programme Participation Agreement, as the case may be) without prior notice or liability if you breach any of the terms or conditions of the Terms or any terms of a particular Partner Service Agreement or Programme Participation Agreement (as the case may be). We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
- Any termination of these Terms shall be without prejudice to any rights or obligations (including in respect of any antecedent breaches) accrued prior to the date of such termination.
- Effect of Termination
Upon termination of any Services in respect of a User, the User will, in respect of such terminated Services, immediately cease any and all use of and access to the Services (including any and all related Ignition Technology). Ignition reserves the right to require that the User (where the User is a Partner) deletes (or, at Ignition’s request, returns) any and all information and documents received in connection with the Programme, and generally any other Confidential Information of Ignition in its possession.
- Survival
The following Clauses will survive any expiration or termination of these Terms: Clause 3 (Website Terms of Service), Clause 5 (Terms Relating to Partners), Clause 6 (Terms Relating to Participants), Clause 7 (Cancellation, Suspension or Modification of the Programme), Clause 8 (Indemnity and Exclusion), Clause 9 (Data Protection), Clause 10 (Ownership and Intellectual Property), Clause 11 (Term and Termination), Clause 12 (Limited Warranty), Clause 13 (Limitation of Remedies and Damages), Clause 14 (Confidentiality), Clause 15 (Third Party Components) and Clause 16 (General Terms).
- LIMITED WARRANTY
- Limited Warranty
- Ignition represents and warrants that it has the power to enter into, exercise its rights and perform and comply with its obligations under these Terms, and that its entry into, exercise of its rights and/or performance of or compliance with its obligations under these Terms do not and will not violate, or exceed any power or restriction granted or imposed by (a) any law, regulation, authorisation, directive or order (whether or not having the force of law) to which it is subject, (b) its constitutive documents, where applicable or (c) any agreement to which it is a party or which is binding on it or its assets.
- Ignition’s sole liability (and the User’s sole and exclusive remedy) for any breach of the warranty under Clause 12.1.1 will be, at no charge to the User, for Ignition to use commercially reasonable efforts to correct the reported non-conformity, or if Ignition determines such remedy to be impracticable, either party may terminate these Terms and the User hereby agrees and accepts to receive as its sole remedy a refund of any fees which it has paid for use of such Service in the six (6) months prior to the occurrence of such breach. The limited warranty set forth in this Clause 12.1 will not apply unless the affected User makes a claim within thirty (30) days of the date on which it first noticed the non-conformity.
- Warranty Disclaimer
- EXCEPT FOR THE LIMITED WARRANTY IN CLAUSE 12.1, ALL SERVICES AND THE WEBSITE ARE PROVIDED “AS IS”. NEITHER IGNITION NOR ITS AFFILIATES MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IGNITION DOES NOT WARRANT THAT USERS’ USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IGNITION WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF IGNITION. USERS MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
- Ignition reserves the right at all times to change any and all Content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the Services at any time without notice and without obligation or liability to the Users. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
- Specific Disclaimers
- TO THE EXTENT PERMITTED BY LAW, IGNITION IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM (I) THE TRANSFER OF DATA OVER PUBLIC COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, OR (II) ANY DELAY OR DELIVERY FAILURE ON THE PART OF ANY OTHER SERVICE PROVIDER NOT CONTRACTED BY US, AND THE WEBSITE USER ACKNOWLEDGES THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. EACH USER ACKNOWLEDGES THAT IGNITION CANNOT GUARANTEE THE ABSOLUTE PREVENTION OF CYBER-ATTACKS SUCH AS HACKING, SPYWARE, AND VIRUSES. ACCORDINGLY, IGNITION SHALL NOT BE LIABLE FOR ANY UNAUTHORISED DISCLOSURE, LOSS OR DESTRUCTION OF THE USER’S DATA ARISING FROM SUCH RISKS AS LONG AS SUCH RISK CANNOT BE ATTRIBUTED TO GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON IGNITION’S PART.
- LIMITATION OF REMEDIES AND DAMAGES
- Limitation of Liability
- Without prejudice to exclusions and limitations of liability of Ignition under these Terms, and to the extent permitted by law, in no event will Ignition or its officers, directors, agents, and employees, be liable to any User under these Terms or otherwise, regardless of the form of claim or action in respect of any User for an amount that exceeds the amount of fees paid to Ignition in connection with such use of the Website or Services pursuant to these Terms in the six (6) months preceding the relevant breach.
- In no event will Ignition or its officers, directors, agents, and employees, be liable to the User for consequential, exemplary, incidental, or indirect damages or costs (including legal fees and expenses) or loss of goodwill or profit in connection with the use of the Website or these Terms, even if Ignition has been advised of the possibility of such damages or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so this paragraph may not apply to you.
- WITHOUT PREJUDICE TO EXCLUSIONS AND LIMITATIONS OF LIABILITY OF IGNITION UNDER THESE TERMS, BUT ONLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IGNITION AND THE ORGANISING PARTNER(S) SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR ANY OTHER CLAIM OF WHATEVER NATURE SUFFERED BY ANY PERSON IN ATTENDANCE AT ANY PHYSICAL PROGRAMME, AND TO THE FULLEST EXTENT POSSIBLE, ANY AND ALL CLAIMS FOR INJURY, LOSS, OR DAMAGE SUFFERED AT THE PROGRAMME SHOULD BE DIRECTED TOWARDS THE OWNER AND/OR OPERATOR OF THE RELEVANT PHYSICAL VENUE(S) WHERE THE PROGRAMME IS HELD. IGNITION AND THE ORGANISING PARTNER(S) EXPRESSLY DISCLAIM ALL LIABILITY FOR ACTIONS, OMISSIONS, OR CONDUCT BY SUCH OWNER(S) AND OPERATOR(S) OR ANY OTHER THIRD PARTIES.
- Ignition and the Organising Partner(s) are not responsible for: (1) any incorrect or inaccurate information, whether caused by printing, typographical, omission or other errors or by any of the equipment or programming associated with or utilised in the Programme; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorised human intervention in any part of the Programme or an Event; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Programme; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Participant’s participation in the Programme.
- Nature of Claims and Failure of Essential Purpose
To the extent permitted by law, you agree that the waivers, disclaimers and limitations specified in these Terms apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is intended to apply in respect of non-performance of a condition.
- CONFIDENTIALITY
- Unless otherwise specified in these Terms, a Partner Service Agreement or a Programme Participation Agreement, each party (as “Receiving Party”) agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party (the “Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure.
- Any Ignition Technology, performance information relating to any Service, and the terms and conditions of these Terms will be deemed Confidential Information of Ignition without any marking or further designation.
- Except as expressly authorised herein, the Receiving Party will (a) hold in confidence and not disclose any Confidential Information to third parties and (b) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms.
- The Receiving Party may disclose Confidential Information to its employees, agents, contractors (including but not limited to cloud and hosting service providers) and other representatives having a legitimate need to know (including, for Ignition, its subcontractors), provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Clause 14.4 and that the Receiving Party remains responsible for compliance by any such representative with the terms of Clause 14.
- The Receiving Party’s confidentiality obligations under this Clause 14.5 will not apply to information that the Receiving Party can document:
- was rightfully in its possession or known to it prior to receipt of the Confidential Information;
- is or has become public knowledge through no fault of the Receiving Party;
- is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation;
- is independently developed by employees of the Receiving Party who had no access to such information; or
- in respect of information on the Website, any information found on parts of the Website which are publicly accessible.
- The Receiving Party may make disclosures to the extent required by administrative or judicial process, applicable law, or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment.
- The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
- Announcements and Publications
- Except where expressly permitted or approved by Ignition in writing, no User shall make any release or announcement to the press (whether oral or in writing) or any other publication (including social media posts) relating to any matter in respect of the Programme or an Event (including the User’s participation in the Programme or such Event). Where Ignition has specified any conditions applicable to any approved or permitted publication, such conditions shall be complied with in the making of such approved or permitted publication.
- Without prejudice to the general nature of the foregoing Clause, each User agrees that any publication of any form containing any false or misleading claims in relation to any Programme (including any registration, application or participation thereof) shall be deemed a breach of these Terms.
- Where Ignition has issued a notice in writing to a User requiring the removal of any publication covered under this Clause 14.8 (whether or not such publication was approved or permitted by Ignition), such User shall to the extent within such User’s reasonable control and without delay, procure the removal of such publication. For the avoidance of doubt, any such removal shall be without prejudice to and shall not affect any other claims Ignition may have against such User for any breach of these Terms.
- Remedies
Each User acknowledges (i) the competitive value and confidential nature of the Confidential Information, and (ii) the legitimate interests being protected by the provisions of this Clause 14, and that damage could result to Ignition (or, where applicable, the Organising Partner(s)) as a result of a breach of this Clause 14. Each User further acknowledges and agrees that monetary damages alone may not be a sufficient remedy for Ignition (or, where applicable, the Organising Partner(s)) in the Programme of any such and hereby agrees that Ignition shall be entitled to seek specific performance or injunctive relief for any threatened or actual breach of this Clause 14 from any court in any jurisdiction in addition to all other remedies available to it.
- THIRD PARTY COMPONENTS AND PLATFORMS
- You acknowledge that parts of the Website (including the Content and the Services) may include Open Source Software and materials licensed from third parties (“Third Party Components”) and that such third parties may be third party beneficiaries to these Terms with the ability to directly enforce the provisions pertaining to their Third Party Components. You shall comply with the additional licence terms, restrictions and conditions (including notices) pertaining to Third Party Components or which Ignition otherwise makes available to you (“Third Party Component Terms”). Third Party Component Terms may have additional rights and requirements which apply to the Third Party Components, and these Terms are offered by Ignition alone and do not limit the rights that may be granted in those Third Party Component Terms. However, you shall notify Ignition before attempting to modify any Third Party Components, and our support, warranty and indemnification obligations (if any) do not apply where Third Party Components have been modified.
- The Website may contain links to other sites, platforms and resources provided by third parties (which are not Designated Third Party Platforms), and these links are provided for your convenience only. Ignition has no control over the contents of those sites, platforms or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of such third party sites, platforms or resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- In respect of any links to third party sites, platforms or resources specifically designated (whether through redirection or specific reference) by Ignition in connection with the provision of any of the Services (“Designated Third Party Platforms”), each User agrees and acknowledges that, such Designated Third Party Platforms may have its own terms and conditions to be complied with for the access and/or use of such Designated Third Party Platforms (“Third Party Platform Terms”). Each User agrees to comply with such Third Party Platform Terms, and Ignition shall not under any circumstances be responsible for ensuring your with such Third Party Platform Terms.
- JURISDICTION SPECIFIC TERMS
- You agree and acknowledge that the jurisdiction specific terms as set out in Schedule 1 to these Terms (“Jurisdiction Specific Terms”), where applicable, shall apply to your use of the Website and participation in the Services in respect of Events held in such jurisdictions.
- In the event of any conflict or inconsistency between Jurisdiction Specific Terms and these Terms, the Jurisdiction Specific Terms shall prevail and control to the extent of any such conflict or inconsistency.
- GENERAL TERMS
- Assignments and Transfers
Users shall not, without the prior written consent of Ignition, assign, transfer, or sub-contract these Terms and/or any of your rights or obligations under these Terms, and any unauthorised assignment shall be null and void. Ignition may, at any time, freely assign, transfer or sub-contract these Terms or any or all of its rights or obligations under these Terms.
- Severability
If any provision of these Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.
- Communications
General questions and communications regarding the Website and any notices to Ignition regarding these Terms should be made to rachel@tribex.co. Ignition may contact and notify you at the email address you have provided to us. You are required to keep your contact information current.
- Third Party Rights
The Contracts (Rights of Third Parties) Act 2001 of Singapore shall not under any circumstances apply to these Terms and any person who is not a party to these Terms (whether or not such person shall be named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified, in these Terms) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce these Terms.
- Amendments
Ignition may at any time give Users notice of any amendment, variation, revision, supplement or any other charge to these Terms by publishing an updated version of these Terms, through a notification by e-mail or such other means as Ignition shall deem fit. Changes shall take place on and from the date specified, on and from the date of such notice and shall apply to all use of Ignition’s Website and Services. Without prejudice to the foregoing, the continued use of the Website and/or acceptance of Ignition’s Services after such change shall be deemed as acceptance and agreement to the same from the relevant User.
- Entire Agreement
These Terms and the documents referred to in it supersede all previous Terms between the parties (if any), and each party acknowledges that in agreeing to enter into these Terms, it has not relied on any representation, warranty, or any other assurance except those set out in these Terms.
- Force Majeure
- Ignition shall not be in breach of these Terms, nor be liable for any failure or delay in the performance of any other obligations under these Terms arising from or attributable to acts Programmes, omissions, accidents beyond its reasonable control, including but not limited to any of the following:
- acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
- war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
- terrorist attack, civil war, civil commotions or riots;
- nuclear, chemical or biological contamination or sonic boom;
- fire, explosion or accidental damage;
- collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
- interruption or failure of utility service, including but not limited to electric power, gas or water;
- any labour disputes, including but not limited to strikes, industrial action or lockouts;
- any interruption to the Website or Services outside the reasonable control of Ignition; and/or
- acts of any government or authority.
- In the Programme that any such delay or non-performance continues for a period in excess of one hundred and twenty (120) days, Ignition shall have the right to terminate these Terms by giving the User fourteen (14) days’ notice in writing prior to such termination without affecting any rights accruing prior to such termination.
- Relationship of parties
Nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship between Ignition and the User. No party pursuant to these Terms has authority to enter into agreements of any kind on behalf of the other and no party shall be considered the agent of the other.
- Remedies
No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statutes or otherwise and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by a party hereto shall not constitute a waiver by such party of the right to pursue other available remedies. No failure on the part of a party hereto to exercise, and no delay in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right under these Terms preclude any other or further exercise of any right thereof or of the exercise of any other right.
- No Waiver of Rights
A failure or delay in exercising any right, power or privilege in respect of these Terms will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise of that right, power or privilege or exercise of any other right, power or privilege.
- Governing Law and Arbitration
- These Terms will be governed and construed in accordance with the laws of Singapore.
- Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in the English language, administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause 17.11.2. The seat of the arbitration shall be Singapore and the tribunal shall consist of one (1) arbitrator.