Terms of Service

Last updated: May 17, 2023

Introduction

Welcome to Emplifive, a product of EMERGE ESPORTS PTE. LTD. (referred to as “we”, “our”, or “us”). These Terms of Service (“Terms”) govern your access to and use of our services provided through Emplifive. Users of Emplifive (referred to as “Users or “you”)

Acceptance of Terms

By accessing and using Emplifive, you agree to these Terms. The business, any of our business divisions and / or our subsidiaries, associate companies or subsidiaries to subsidiaries reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. It is your responsibility and obligation to visit this page periodically to re-appraise yourself of the Terms and Conditions.

Changes to the Terms

We reserve the right to revise these Terms at any time. We will provide notice of changes by posting the updated Terms on our site. Continuous usage of our services shall be considered as your acceptance of the Terms prevailing at the time of your usage.

Services

Emplifive offers a suite of marketing software-as-a-service tools, including social media management, a marketing service provider marketplace, campaign creation & management, analytics, ad buying, and loans & factoring based on credit ratings.

Account Registration and Use

Registration is required for use of Emplifive.You must provide accurate, current, and complete information during registration. You are responsible for all activities that occur under your account.

Acceptable Website Use

A. Security Rules: Users are prohibited from violating or attempting to violate the security of the Website, including but not limited to (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

B. General Rules: Users may not use the Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

User Conduct

You agree to comply with all local, state, national, and international laws, rules, and regulations applicable to your use of our services. You must not use our services for any illegal or unauthorized purpose.

Use of Content

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without securing written permission from the relevant parties.

User-Generated Content

You retain ownership of any content you post on Emplifive. By posting content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods.

Payments

You are responsible for all charges incurred under your account. All sales on Emplifive are final and non-refundable, except as required by law or as otherwise stated in these Terms.

Termination

We may terminate or suspend your account without prior notice or liability, for any reason or no reason, including without limitation, if you breach these Terms.

Disclaimer of Warranty and Limitation of Liability

Our services are provided “as is,” without warranty of any kind. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our services.

Indemnification

You, as the user agrees to indemnify and hold harmless, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from your use of www.emplifive.com or your breach of any Terms.

Liability

You agree that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorised access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

You further agree that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

You agree that the Company shall not be responsible or liable to the user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to you for all damages or/and losses or/and causes of action exceed the amount paid by you to Company, if any, that is related to the cause of action.

Disclaimer of Consequential Damages

In no circumstances shall the Company or any parties, organisations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisation or entities were advised of the possibility of such damages.

Governing Law and Jurisdiction

These Terms are governed by the laws of Singapore. Any disputes arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts of Singapore.

Contact Information

If you have any questions about these Terms, please contact us at support@emplifive.com under the subject “Terms of Service.