Surtix Terms of Use

1. Terms of Use

Surtix Pte. Ltd. provides an online platform and related services for the resale of tickets to events taking place primarily in Singapore (“Services”). We make the Services available via our website (“Platform”). By accessing or using the Platform, you agree to be bound by these Terms of Use (“Terms”). Our Privacy Policy, Cookie Notice, and any seller or buyer policies published on the Platform (collectively, “Policies”) are incorporated by reference into these Terms. We may update the Policies from time to time by posting the updated version on the Platform. Updates take effect on posting unless stated otherwise.

2. Contracting Entity

2.1. If you buy or sell tickets on the Platform, you contract with Surtix Pte. Ltd., a company incorporated in Singapore with UEN 202537016N and registered office at 175A BENCOOLEN STREET, #07-02, BURLINGTON SQUARE, SINGAPORE 189650.

2.2. References to “we”, “us”, “our”, and “Surtix” are to Surtix Pte. Ltd.

3. Ticket Marketplace

3.1. The Platform is a secondary marketplace through which registered users may buy (“Buyer”) and sell (“Seller”) tickets and related products (“Tickets”), including any right of admission, voucher, code, credential, wristband, QR code, NFT ticket, biometric credential or similar (whether physical or electronic), and ancillary items such as parking passes, hospitality packages, merchandise or virtual event access. Sellers set their own prices. We may also source inventory directly from third parties. For transactions where we are the merchant of record, you agree that we will be the contractual counterparty to the Buyer. In such cases, all payment processing and settlement activities will be carried out through a licensed third-party payment service provider in compliance with the Payment Services Act 2019. The Platform is a secondary marketplace for registered users (“Buyers” and “Sellers”) to buy and sell event tickets, vouchers, passes, or related items. Sellers set prices, and transactions may involve third-party payment providers compliant with the Payment Services Act 2019.

3.2. We may provide pricing, listing and other guidance for information only. While we may facilitate dispute resolution between Buyers and Sellers, we do not guarantee the existence, quality, safety or legality of Tickets, the accuracy of listings or user content, the ability of Sellers to sell or Buyers to pay, or that a transaction will complete.

4. Your Account

4.1. In order to list, sell or purchase Tickets you must register an account (“Account”) with us and agree to accept these Terms. You must be at least 18 years old and must be able to enter into legally binding contracts. If you are registering with us for a business entity, you represent that you have the authority to legally bind that entity.

4.2. When opening an Account, you must provide complete and accurate information including but not limited to your full name, address, phone number, email address and provide us with a valid credit card, debit card or PayPal account (“Payment Method”). If your registration or payment information changes at any time, you must promptly update your details in your Account. You authorise us or our appointed payment processor to charge any payment method on file for amounts you owe under these Terms, including fees or losses arising from your breach. The Platform may require identity verification and supporting documents to confirm your details. The Platform may require additional KYC checks at any time. Payouts may be withheld until verification is completed.

4.3. We reserve the right to temporarily or permanently suspend Accounts with incomplete or inaccurate information.

4.4. You are solely responsible for maintaining the confidentiality of your Account information and password. You are solely responsible for any activity relating to your Account. Your Account is not transferable to another party.

5. Privacy and Communications

All personal data will be collected, used and disclosed in accordance with our Privacy Policy and the Singapore Personal Data Protection Act 2012 (PDPA). Personal data will be stored and hosted in Singapore. Operational communications may be sent by email, SMS or in-app. By using the Platform, you consent to such communications. We may share personal data with sellers, couriers, event organisers, payment providers, fraud prevention services and legal authorities as needed to fulfil orders or protect our operations. This may involve transferring data outside Singapore, in which case we will ensure compliance with the PDPA and applicable foreign data protection laws.

6. Fees and Other Charges

6.1. We may charge fees for listing, selling and buying Tickets, and for delivery or fulfilment (“Service Fees”). Service Fees and any applicable Singapore Goods and Services Tax (GST) will be disclosed before you list or purchase. We may change Service Fees by posting updated fees before they apply.

6.2. If you fail to fulfil your contractual obligations, we may charge reasonable administrative fees and recover any direct costs arising from the failure, as set out in Policies.

6.3. If you change delivery details after purchase or provide incorrect details, you may be charged additional delivery costs.

6.4. We may engage third-party providers to collect amounts owed. You remain responsible for any reasonable costs of collection lawfully incurred to the extent permitted by law.

6.5. We may reimburse Sellers for certain delivery or courier costs at rates and in circumstances determined by us, which may change without notice and may differ from actual costs incurred.

6.6. We may charge Buyers additional fees, commissions or surcharges in connection with their purchase. Such amounts may be included in the listed price or displayed separately at checkout, may vary by event, ticket type, seller or promotion, and may change without notice. We will disclose the total amount payable, inclusive of any applicable taxes and fees, before you place your order. Where GST applies, prices presented to Buyers will be GST-inclusive.

6.7 Currencies and FX. We may display prices and accept payment in one or more currencies. The transaction currency will be confirmed at checkout. If your payment method is denominated in a different currency, your provider may apply its own exchange rate and fees. Where we or our payment service provider perform currency conversion, the applicable exchange rate and any conversion fee will be disclosed at checkout.

7. Selling Tickets

7.1. You must comply with all applicable laws and regulations in Singapore when listing, selling and delivering Tickets, and with these Terms and any seller policies published by us.

7.2. When listing a Ticket, you must set a price for which you are willing to sell your Ticket (“Sales Price”). You may modify (e.g. raise or lower the Sales Price) or delete your listing at any time until the Tickets have sold.

7.3. By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket at the Sales Price. When a Buyer accepts your offer by purchasing your Ticket through the Platform, you are contractually bound to deliver that exact Ticket for the Sales Price and within the required delivery timeframe, as specified at the time of listing or as notified during checkout. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Sellers cancel orders at one price and repost the same tickets for a higher price. Failure to fulfil your orders will lead to charges as stated in these Terms and applicable seller policies.

7.4. We do not guarantee that your tickets or related passes will sell or that your listing will appear on the Platform within a certain time after it is posted or in a particular order on the event page or through search results. We will not, for any reason, provide compensation for tickets that do not sell. 7.5. Professional resellers must comply with all GST registration and invoicing obligations and any additional information requirements stated in seller policies.

7.6. We may require professional resellers to complete enhanced verification and to provide invoices that comply with Singapore GST requirements.

7.7. We may impose additional limits, fees or service levels for professional resellers as set out in seller policies.

7.8. We may require professional resellers to provide proof of ticket ownership or compliance with event organiser resale terms before listing. We may withhold disbursement of sale proceeds where there is a reasonable suspicion of fraud, unauthorised resale or breach of these Terms, acting reasonably and in good faith, until the matter is resolved.

7.9. You warrant that Tickets listed are authentic and valid for entry to the stated event.

7.10. You must provide proof of delivery or transfer on request. Failure to provide satisfactory proof may result in withheld or reversed payouts.

7.11. You are liable for all chargebacks, reversals and third-party claims relating to your sales. You authorise us to debit your stored payment method without prior notice for such amounts.

7.12. We may deem accounts to be linked where they share identifying information such as name, address, payment method, IP address or device. We may offset or block payouts across linked accounts.

7.13. Sellers bear the risk of loss, theft, delay or invalidity until the Buyer receives a valid Ticket. The Platform controls the choice of delivery method, courier and deadlines, which may change without notice.

7.14. You must not list any illegal, non-transferable, or prohibited Tickets. We may remove listings that in our view breach laws, venue rules, or organiser restrictions, or may harm our operations or reputation.

8. Taxes

8.1. Sellers are responsible for determining and accounting for any applicable taxes on their sales, including Singapore GST, unless We are required by law to collect and account for GST on a Seller’s behalf. Any applicable taxes must be included in the sales price.

8.2. Where required by law, Sellers will provide us with their GST registration number and any information reasonably necessary for invoicing and compliance.

8.3. We are not responsible for a Seller’s tax obligations except where required by law.

8.4 If you are a Seller outside Singapore, you are responsible for determining and accounting for any taxes that arise in your jurisdiction in connection with your listings or sales, including VAT, GST, sales or income taxes, except where Surtix is required by law to collect or account for such taxes.

9. Buying Tickets

Buyers must provide accurate contact and delivery details, comply with venue rules, age restrictions and ID requirements, and understand that non-entry caused by Buyer error or non-compliance is at the Buyer’s risk. You are responsible for reading the complete listing before making a commitment to buy Tickets. When placing an order, you are entering into a binding contract with the Seller to purchase those Tickets. Additional terms communicated to you by the Seller may apply. Any additional terms must be clearly disclosed before you purchase and must not conflict with these Terms or the Policies. Payment is collected by us or our appointed payment processor and disbursed to the Seller in accordance with these Terms and any seller policies. You cannot change or cancel any orders after the sale is complete. Nothing in these Terms limits or excludes any rights you may have as a consumer under Singapore law, including under the Consumer Protection (Fair Trading) Act

10. Payments

10.1. Payments from Buyers are due immediately.

10.2. We facilitate payments only. We do not ourselves provide a regulated payment service that requires licensing under the Payment Services Act 2019. All receipt of Buyer funds and disbursement to Sellers is conducted through licensed third-party payment service providers.

10.3. Upon confirmation of Buyer payment, the Seller must deliver the exact Tickets within the required timeframe.

10.4. Subject to these Terms and applicable laws, payouts will ordinarily be made within 8 days after the event date, provided no disputes or failures are pending. All holding and settlement of funds during this period is managed by our licensed third-party payment service provider.

10.5. Details of our appointed payment service providers and their terms are set out on the Platform. By making or receiving payments you agree to the applicable provider’s terms.

10.6. Sellers will see only net proceeds. Platform fees, margins and deductions may not be separately disclosed. We may instruct our licensed payment service provider to deduct refunds, administrative charges, chargebacks or other amounts from payouts. We may also instruct the provider to offset amounts owed against balances in this or any linked account.

11. Event Cancellations, Postponement and Other Event Changes

11.1. Buyer Guarantee: Buyers are guaranteed a valid Ticket delivered on time. If a Ticket is invalid, late or materially misrepresented, we may, in our discretion, provide a refund, partial refund, credit or a replacement Ticket (which may differ in seat or category). Where a Buyer receives a seat or section that is reasonably considered inferior to that described in the listing, we may provide a partial refund proportionate to the difference, a credit, or a replacement ticket.

11.2. Seller Forfeiture: Sellers forfeit their payout if their Ticket is invalid, late or misrepresented. We may recover payouts already made.

11.3. Postponements: For postponed events, Tickets remain valid unless the organiser declares otherwise. We may, at our discretion, offer refunds or credits.

11.4. Cancellations: If an event is cancelled, refunds will be provided in line with organiser policies or card network rules where required. We are not liable for consequential costs.

11.5. The Buyer Guarantee does not apply where non-entry is due to the Buyer’s error, failure to comply with venue or organiser rules, late arrival, or failure to present the required identity or access credentials.

12. Territory and international sales

12.1. You contract with Surtix Pte. Ltd. regardless of your location. We may display or accept payment in one or more currencies.

12.2. Surtix does not target or market the Platform in any specific jurisdiction outside Singapore and makes no representation that listings or services are lawful outside Singapore. You are responsible for compliance with local laws applicable to your access or purchase.

12.3. Sellers are responsible for their own tax obligations in the jurisdictions relevant to their listings and sales, except where Surtix is required by law to collect or account for tax on a Seller’s behalf.

12.4. Where mandatory consumer-protection laws in your country of residence grant additional rights, these Terms do not limit those rights.

13. Term and Termination

13.1. These Terms shall commence on the date that you register an Account with us and will continue for an indefinite period unless terminated in accordance with these provisions.

13.2. You may terminate these Terms at any time by contacting our support@surtix.com. In the event that you request that we close your Account, we will treat your request as termination of these Terms. Without limiting our rights according to clause 19, we may terminate these Terms at any time by giving at least thirty (30) days’ notice via email to your registered email address. We will then close your Account.

13.3. Termination of these Terms shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.

14. Platform Changes and Availability

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform, the Services or any part of the Platform or the Services with or without notice for any reason. We perform regularly-scheduled maintenance. While we do our best to avoid customer impact, the Platform or our Services may be temporarily unavailable during maintenance periods. Nothing in this clause limits statutory remedies available to consumers.

15. Abusing the Platform and Services

When using the Platform and the Services, you agree that you will not do any of the following:

• contact or invite contact with other users for any reason other than the purpose for which you received the user’s contact information from us or to solicit sales outside of the Platform;
• use the Buyer's personal data for any reason other than the delivery of Tickets unless otherwise agreed to by the Buyer;
• behave in an abusive manner to any of our employees or other users;
• violate any venue or event promoter rules at events or violate any applicable third party terms of service (for instance, when using our mobile applications);
• breach or circumvent any laws, third party rights or our Policies;
• post false, inaccurate, misleading, defamatory or libelous content;
• fail to fulfil your contractual obligations regarding the sale or purchase of a Ticket;
• use our trademarks without our prior written permission;
• copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from the Platform or the Services without our prior express written permission and the appropriate third party, as applicable;
• use any robot, spider, scraper or other automated means to access the Platform or the Services for any purpose without our express written permission;
• take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Platform or the Services or any activities conducted on or with the Platform or the Services;
• bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to the Platform or the Services;
• commercialize any of our applications or any information or software associated with such application;
• export or re-export any of our applications or tools except in compliance with applicable Singapore export control and sanctions laws and in accordance with posted rules and restrictions; or
• do anything else that we determine, in our sole reasonable discretion, misuses the Platform or the Services or otherwise negatively impacts our marketplace.

In our effort to protect our Buyers and Sellers we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancelation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your Account or listing, in our sole discretion.

16. Mobile Device Terms

If you are accessing the Platform or the Services through a mobile application (“App”), the following additional terms apply:

16.1. App Use. We grant you the right to use the App only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). The App may not contain the same functionality as available on our applicable website.

16.2. Intellectual Property – Apps. We own, or are the licensee to, all right, title, and interest in and to the Apps, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any App and you will not remove, obscure, or alter our copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the App.

16.3. Export control and sanctions. You are responsible for compliance with applicable Singapore export control and sanctions laws when using the App.

16.4. Device Specific Additional Terms

iOS - Apple

These Mobile Device Terms are an agreement between you and us, and not with Apple. Apple is not responsible for the App and the content thereof.

We grant you the right to use the App only on an iOS product that you own or control and as permitted by the App Store Terms of Service.

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

Apple and Apple's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.

Android - Google

These Mobile Device Terms are an agreement between you and us, and not with Google. Google is not responsible for the App and the content thereof.

We grant you the right to use the App only on an Android product that you own or control and as permitted by the Google Play Terms of Service.

Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Google is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.

Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App.

Google and Google's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Google as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.

17. Content

17.1. You own and are solely responsible for any content including images, text, audio or other materials that you submit (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant us the right to use your name or image in association with your User Content, if we so choose. Further, to the extent permitted by the Singapore Copyright Act 2021, you waive any moral rights in the User Content.

17.2. You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify us for any claims, losses or costs arising from your User Content, including claims that it infringes third-party rights under Singapore law. We have the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and we will not be liable for its use or disclosure. The sale of stolen property on the Platform is strictly forbidden and violates local, country and international law. We strongly support law enforcement efforts to recover stolen property that is listed on the Platform, and we urge the prosecution of those responsible for knowingly attempting to sell such items on the Platform. Stolen property includes items taken from private individuals, as well as property taken without authorisation from companies or governments.

17.3. We may offer catalogues of stock images, descriptions and product specifications, which are provided by third parties (including our users). You may use catalogue content solely in connection with your listings with us during the time your listings are on the Platform. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

17.4. If you submit ideas, suggestions, documents, and/or proposals ("Ideas") to us, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that we may have something similar to the Ideas under consideration or in development.

18. Protecting Intellectual Property Rights

If you believe material on the Platform infringes your intellectual property rights, please contact support@surtix.com. We will act in accordance with applicable Singapore law.

19. Violating the Agreement

19.1. We may investigate any potential or suspected violations of these Terms, Policies, security protocols or best practices, third party rights or applicable law; any actions or any other misconduct or potential abuse on or through the Services. When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account and shall, in particular, consider if the user is responsible for the misconduct.

19.2. We may take any actions we deem appropriate in our reasonable discretion for the conduct described above. Without limiting other remedies, these actions may include: limit, or temporarily or permanently suspend, or terminate our services and Accounts, restrict or prohibit access to, and your activities on, the Platform and/or the Services, remove listings, require you to edit listings, cancel sales, require you to send Tickets to a Buyer within a specified time, delay or remove hosted content, remove any special status associated with an Account, reduce or eliminate any discounts, withhold payment, charge the Payment Method on file for amounts you owe or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent Accounts or chargebacks and any replacement costs), and take technical and legal steps to keep you from using the Platform and/or the Services. We may make deductions or adjustments to recover costs we incur as a result of your breaches, operational failures, customer complaints, fraud or conduct detrimental to our operations, and we may suspend or terminate your Account in such circumstances.

19.3. We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of these Terms and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from local and foreign law enforcement or regulatory agencies, other government officials or authorized third-parties, to the extent permitted by law.

19.4. We may, in our sole discretion, hold payouts, cancel or refuse transactions, alter delivery methods, or amend operational rules without notice. We may resolve disputes in our sole discretion, and our decisions will be final and binding, subject only to mandatory law.

20. Disclaimer of Warranties; Limitation of Liability

20.1. The Platform and the Services are provided on an “as is” and “as available” basis. We do not give any warranty as to uninterrupted or error-free operation.

20.2 Nothing in these Terms limits or excludes any statutory rights of consumers under Singapore law.

20.3 Subject to 20.2, we exclude all implied warranties to the maximum extent permitted by law.

20.4 Subject to 20.2, we are not liable for: (a) indirect or consequential loss; (b) loss of profits, goodwill or reputation; or (c) loss arising from User Content, third-party content, or the manner in which listings appear.

20.5 Subject to clause 20.2, our aggregate liability to you shall not exceed the lesser of (a) the Ticket price you paid, or (b) S$200, except that this cap does not apply to liability arising from our fraud or wilful misconduct.

21. Governing Law

21.1. These Terms and any non-contractual obligations arising out of or in connection with them are governed by Singapore law.

22. Legal Disputes

22.1. Any dispute not resolved through our customer support may be referred to arbitration administered by the Singapore International Arbitration Centre (SIAC) under the SIAC Rules. The seat of arbitration is Singapore, the number of arbitrators is 1, and the language is English.

22.2. If you are a consumer, you may bring a claim in the Singapore courts. Nothing in this clause limits your ability to seek relief through the Small Claims Tribunals where available.

22.3. Before commencing arbitration or court proceedings, the parties shall first attempt in good faith to resolve the dispute by contacting our customer support and allowing at least 30 days for resolution. If unresolved, either party may proceed to arbitration under clause 22.1 or to the courts as permitted by clause 22.2.

23. Indemnity

You agree to indemnify us and our officers, employees and agents against claims, losses, damages and reasonable costs arising from: (a) your breach of these Terms; (b) your misuse of the Platform; or (c) your infringement of third-party rights in connection with your listings or User Content. This indemnity is subject to Singapore law and applies to the extent permitted by law.

24. General Provisions

24.1. These Terms (and all documents incorporated by reference) constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of these Terms will be valid or effective unless made in accordance with the express terms of these Terms.

24.2. If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected.

24.3. We may assign or transfer our rights and obligations under these Terms at any time, provided that we assign these Terms on the same terms or terms that are no less advantageous to you. You may not assign or transfer these Terms, or any of your rights or obligations, without our prior written consent, which we can refuse in our sole discretion.

24.4. Except as expressly stated, no person other than the parties has any right to enforce any term under the Contracts (Rights of Third Parties) Act 2001 (Singapore). Our affiliates may enforce terms identified as enforceable by affiliates.

24.5. Nothing in these Terms is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns.

24.6. The subject heading at the beginning of each paragraph of these Terms is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph. The following sections survive any termination of these Terms: Contracting Entity, Fees and Other Charges, Taxes, Payments, Abusing the Platform and Services, Content, Disclaimers and Liability, Governing Law and Disputes, Indemnity, General Provisions.

24.7. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

24.8. Legal notices to us shall be served at its registered office in Singapore or by email to support@surtix.com. We may give notices to you by email to your account email. Email notices are deemed received 24 hours after sending, unless notified of invalidity.

25. Force Majeure

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including acts of God, strikes, labour disputes, courier or logistics delays, epidemics or pandemics, governmental restrictions, failure of telecommunications or payment systems, or outages of hosting providers.

26. Image Submission Terms & Conditions

By submitting an image (“Image”) to us you hereby agree to these Image Submission Terms and Conditions:

26.1. By submitting an Image, you agree to grant us and any of our subsidiaries or affiliates that exist now or in the future, a non-exclusive, royalty free, perpetual, worldwide license to use the Image for commercial, advertising, promotional or any other purposes, including without limitation, online, in print, film, television, or in any other media now or hereafter known, in perpetuity without compensation, notification, credit, or release and without limitation to time or territory, except as prohibited by law.

26.2. By submitting an Image, you understand and agree that the Image may be used, edited, modified, colourised, cropped, copied, exhibited, published, adapted, exploited, disseminated, posted, disposed, or distributed and that you are waiving the right to inspect or approve the finished product.

26.3. By submitting an Image, you understand that we are not obligated to use the Image in any way, and any use of the Image is entirely at our discretion.

26.4. By submitting an Image, you understand and acknowledge that you will receive no compensation or remuneration of any kind in exchange for the permissions you grant to us, and you further understand and acknowledge that by submitting an Image, you are waiving any right to royalties, remuneration, or other compensation arising or related to our use of the Image.

26.5. By submitting an Image, you acknowledge and agree that we may use your photographic image and likeness (and the photographic image and likeness of any other persons shown therein) for any purposes, including advertising or promotional purposes, in any and all media now or hereafter known without further compensation, notification, credit, or release and without limitation as to time or territory.

26.6. By submitting an Image, you acknowledge and agree to be bound by these Terms.

26.7. By submitting an Image, you acknowledge and agree to provide, upon request by us, information about yourself and others who appear in the Image(s), including but not limited to, name, date of birth, address, email address, social media usernames, etc. and any other information reasonably requested by us. You further acknowledge and agree that the submission of any such information will be done in accordance with these Terms, including without limitation, our Privacy Policy.

26.8. By submitting an Image, you represent and warrant that:

1. You have the permission of all persons featured in the Image to submit the Image to us, and all persons appearing in the Image agree to these Image Submission Terms and Conditions or, if any person appearing in the Image is under 18 years of age, you are the parent or guardian of such person and you hereby agree to these Image Submission Terms and Conditions as their parent/guardian;
2. You are the author of the Image for copyright purposes;
3. The Image is not infringing on any copyrights or trademarks of any person or entity;
4. The Image is not defaming or invading the publicity rights or privacy rights of any person, living or deceased, or otherwise infringing upon any person’s personal or property rights;
5. The Image is not offensive, lewd, obscene, sexually explicit, pornographic, immoral, disparaging, defamatory, hateful, libelous and/or unlawful, as determined by us in our sole discretion; and
6. The Image is your original work and is exclusively owned by you. You further understand and agree that modification of someone else’s image does not count as an original work for the purposes of these Image Submission Terms and Conditions.

26.9. By submitting an Image, you agree to defend, hold harmless and indemnify us and our respective parents, subsidiaries, affiliates, respective officers, directors, employees or agents, joint ventures, legal representatives, and suppliers (collectively, “Released Parties”) against any and all claims, including claims of alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution raised by any third parties in connection with the Image.

26.10. The Released Parties are not responsible for any injury, losses, or damages of any kind resulting from the use of the Image.

26.11. The Released Parties assume no liability for any error, omission, deletion, defect, theft, destruction, or alteration of any Image.

26.12. By submitting an Image, you acknowledge and agree that, to the fullest extent permitted by law, you release and covenant not to sue the Released Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with invasion of privacy, defamation, violation of rights of publicity or any other cause of action arising out of distribution, copying, display or other use of the Image in any medium. In entering into this release, you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favour at the time of agreeing to this release. The parties intend the Released Parties identified in clause 26.9 to be able to enforce clauses 26.9 to 26.12 under the Contracts (Rights of Third Parties) Act 2001 (Singapore)

26.13. These Image Submission Terms are governed by Singapore law, with disputes resolved per clause 22.

26.14. These Image Submission Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. If any provision of these Image Submission Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck from these Image Submission Terms and Conditions and the remaining provisions shall remain in full force and effect. Legal notices shall be served in accordance with clause 24.8. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Image Submission Terms and Conditions. A person who is not a party to these Image Submission Terms and Conditions has no right to enforce any term of these Image Submission Terms and Conditions. We may assign or transfer our rights and obligations under these Image Submission Terms and Conditions at any time, provided that we assign these Image Submission Terms and Conditions on the same terms or terms that are no less advantageous to you. You may not assign or transfer these Image Submission Terms and Conditions, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion. No waiver of any provision of these Image Submission Terms and Conditions shall be effective unless in writing and signed by both parties.

Contact

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