Optimatic Terms and Conditions

Last updated: 02 October 2021

Welcome to our site at https://e27.co. Please read the following Terms and Conditions carefully (collectively "Terms and Conditions") before using this Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to OPTIMATIC PTE LTD and/or its related entities, affiliates and subsidiaries (individually and collectively, "OPTIMATIC ". “we”, “our” or “us”).

By your access of this Site and/or use of the Services, you hereby agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please leave the Site and discontinue use of the Services immediately.

  1. 1.
    AGREEMENT
    1. 1.1.
      You hereby represent and warrant that:
      1. 1.1.1.
        you have read and agree to these Terms and Conditions and our policies set out in our Data Protection and Privacy Policy:
      2. 1.1.2.
        you have the necessary legal capacity, right, power and authority to agree to these Terms and Conditions and you are either;
        1. 1.1.2.1.
          accessing this Site, using the Services and contracting in your own personal capacity; or
        2. 1.1.2.2.
          accessing this Site, using the Services and contracting on behalf of a corporate entity;
      3. 1.1.3.
        you are authorised to bind the entity (yourself or as agent and/or representative of the corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Terms and Conditions; and
      4. 1.1.4.
        all of the information provided by you (and on behalf of the corporate entity) to OPTIMATIC and/or to the Site (including without limitation personal particulars and contact information) is accurate and complete.
    2. 1.2.
      OPTIMATIC reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services and/or the Site at any time. OPTIMATIC may also impose limits on certain features or restrict your access to parts or the entire Services and/or Site without notice and/or liability.
    3. 1.3.
      may from time to time, and without further notice and consent from to you, vary or amend these Terms and Conditions by posting the amended Terms and Conditions at this Site. Any use of the Services and/or the Site after the amendment of these Terms and Conditions will be deemed to be acceptance of the amended Terms and Conditions by you. If you do not agree with the amended Terms and Conditions, you have the right cease using the Site and/or the Services and/or terminate your Account.
  2. 2.
    DEFINITIONS
    1. 2.1

      In these Terms and Conditions, the following definitions shall apply unless otherwise stated:

      "Account" means a registered account of a Member opened under this Site.

      "Computer" means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.

      "Content" means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.

      "Linked Sites" is defined in Clause 8.1.

      "Member" means a User who is a registered member of the Site.

      "Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.

      "Services" is defined in Clause 3.2.

      "Site" means the website address at https://e27.co, OPTIMATIC and its associated links and pages ,including its subdomains and any other website through which the Optimatic makes its Service available.

      “Site Content” means any and all Content made available on the Site including OPTIMATIC Content, Third Party User Content, and User Content

      "OPTIMATIC Content" means all Content of OPTIMATIC that is made available on or via this Site and/or through or ancillary to the provision of the Services.

      "Third Party Products" means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.

      "Third Party User Content" means all User Content which is not created, transmitted, posted or uploaded by you.

      “User” or “you” means any natural person or legal entity using the Site and/or Services

      "User Content" means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.

    2. 2.2.
      The words "include" and "including" shall not be construed as having any limiting effect.
  3. 3.
    SITES AND SERVICES
    1. 3.1.
      The Site is owned and maintained by OPTIMATIC.
    2. 3.2.
      OPTIMATIC may offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):
      1. 3.2.1.
        access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, Site Content, Third Party Products and other types of works ;
      2. 3.2.2.
        search engines or tools;
      3. 3.2.3.
        a platform to create, upload and publicly make available personalised content;
      4. 3.2.4.
        an advertising and branding platform;
      5. 3.2.5.
        message boards, groups, forums, blogs, communication tools;
      6. 3.2.6.
        a social networking platform;
      7. 3.2.7.
        email alerts; and
      8. 3.2.8.
        a jobs posting and recruitment system;
      9. 3.2.9.
        an events posting and listing system;
      10. 3.2.10.
        a startup database;
      11. 3.2.11.
        an investor database; and
      12. 3.2.12.
        any other features, content or applications that OPTIMATIC may offer at the Site from time to time in its sole and absolute discretion.
    3. 3.3.
      You acknowledge and agree that full access to certain links and pages within the Site, and use certain Services, will require you to register as a Member. Your registration as Member and your Account shall also require you to strictly comply these Terms and Conditions.
    4. 3.4.
      You acknowledge and agree that and paid Services provided by OPTIMATIC to you would still require you to strictly comply with the Terms and Conditions
    5. 3.5.
      From time to time OPTIMATIC will run call for applications, promotions and surveys at the Site. In addition to the Terms and Conditions these may also be subject to additional terms and conditions that will be made available at the time they are run.
  4. 4.
    CONTENT USE CONDITIONS
    1. 4.1.
      You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
      1. 4.1.1.
        any Service;
      2. 4.1.2.
        the Site;
      3. 4.1.3.
        any OPTIMATIC Content except, to the extent permitted, with the prior written consent of OPTIMATIC or unless expressly permitted in these Terms and Conditions; or
      4. 4.1.4.
        any Third Party User Content except, to the extent permitted, with the prior written consent of OPTIMATIC and the owner or licensee of the specific User Content.
    2. 4.2.
      Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Site, Services, OPTIMATIC Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of OPTIMATIC.
    3. 4.3.
      You may for your personal, non-commercial use:
      1. 4.3.1.
        retrieve and display OPTIMATIC Content on any compatible device owned by you;
      2. 4.3.2.
        store such OPTIMATIC Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
    4. 4.4.
      All OPTIMATIC Content are the copyrighted work of OPTIMATIC or its content or software providers, and OPTIMATIC reserves and retains all rights in the OPTIMATIC Content. Use of some OPTIMATIC Content may be governed by the terms of an accompanying end user license agreement.
    5. 4.5.
      You may not decompile, reverse engineer or otherwise attempt to discover the source code of any OPTIMATIC Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or OPTIMATIC in writing.
  5. 5.
    INTELLECTUAL PROPERTY
    1. 5.1.
      The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all OPTIMATIC Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with OPTIMATIC.
    2. 5.2.
      The trademarks, logos and service marks ("Marks") displayed on this Site are the property of OPTIMATIC or other third parties, and all rights to the Marks are expressly reserved by OPTIMATIC or relevant third parties. You are not permitted to use any Marks without the prior written consent of OPTIMATIC or such third party. OPTIMATIC and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of OPTIMATIC or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of OPTIMATIC.
    3. 5.3.
      The domain name on which the Site is hosted on is the sole property of OPTIMATIC and you may not use or otherwise adopt a similar name for your own use.
    4. 5.4.
      If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contact us at: [email protected]
  6. 6.
    ONLINE CONDUCT
    1. 6.1.
      You hereby undertake:
      1. 6.1.1.
        to comply with these Terms and Conditions, and such other notices or guidelines that may be posted on the Site by OPTIMATIC from time to time (which are hereby incorporated by reference into these Terms and Conditions);
      2. 6.1.2.
        not to use any Service or Site Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
      3. 6.1.3.
        not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
      4. 6.1.4.
        not to use the Account of another Member at any time, whether with or without his/her permission.
      5. 6.1.5.
        You agree that you shall not when registering for an Account:
        1. 6.1.5.1.
          select or use as a username a name of another person with the intent to impersonate that person;
        2. 6.1.5.2.
          use as a username, a name subject to any rights of a person other than you without proper authorisation; or
        3. 6.1.5.3.
          use as a username, a name that is otherwise offensive, vulgar or obscene.
      6. 6.1.6.
        You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password and for all activity that occurs under your Account. You must notify us immediately of any unauthorised use of your Account or any other breach of security.
      7. 6.1.7.
        You may not use another member’s Account without the express consent of the holder of the Account.
  7. 7.
    DISCLAIMERS AND LIMITATIONS
    1. 7.1.
      While we make every effort to ensure that all Site Content displayed on the Site is accurate and complete, we provide the Site Content for informative purposes and on an 'as is', 'as available' basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, OPTIMATIC disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, OPTIMATIC does not warrant or represent that the functions contained in or access to the Site, Services, Site Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Site Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Site Content in or with any Computer will not affect the functionality or performance of the Computer. OPTIMATIC does not warrant or make any representations regarding the use or the results of the use of the OPTIMATIC Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not OPTIMATIC) assume the entire risk and cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer.
    2. 7.2.
      You agree not to hold OPTIMATIC liable for any loss or damages associated with your Account and/or your User Content.
    3. 7.3.
      The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. OPTIMATIC is not liable for any losses and/or damages associated with your reliance on the Content made available via the Site and/or its Services. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. OPTIMATIC does not sponsor, endorse or promote any financial products, services or information.
    4. 7.4.
      You acknowledge that OPTIMATIC's does not moderate, filter, exercise editorial control over, review, edit or amend any data, information, materials or Contents submitted via User Content. Accordingly, OPTIMATIC does not endorse and shall not be responsible for Content provided by the Users that may be inserted or made available on the Site by other users or through the Services provided.
    5. 7.5.
      You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and OPTIMATIC shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
    6. 7.6.
      You acknowledge and agree that OPTIMATIC does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and OPTIMATIC hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
    7. 7.7.
      Where you subscribe for any services on the Site that relates to any advertisement or other similar services, whether as a potential seller or buyer, you hereby expressly acknowledge and agree that the Site acts as a venue only and OPTIMATIC is not responsible for the reliability, accuracy or truthfulness of any information that is posted by other users.
    8. 7.8.
      You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Terms and Conditions, contain viruses or cause you damage. While we may remove any such User Content at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or held liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
    9. 7.9.
      You agree that:
      1. 7.9.1.
        OPTIMATIC shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
      2. 7.9.2.
        access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event OPTIMATIC shall not be liable for any loss, liability or damage which may be incurred as a result.
    10. 7.10.
      In no event shall OPTIMATIC be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the OPTIMATIC Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that OPTIMATIC is liable for damages, despite the foregoing provision, you agree that OPTIMATIC's aggregate liability to you for any and all causes of action in relation to the OPTIMATIC Content, Services, Site, and the Terms and Conditions, shall not exceed the total amount of fees and charges paid by you for the Services to OPTIMATIC for the one (1) month period immediately preceding the time such liability arose.
    11. 7.11.
      Under no circumstances, including, but not limited to, negligence, shall OPTIMATIC be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the OPTIMATIC Content, Services, Site, or any other website, even if OPTIMATIC or a OPTIMATIC authorised representative has been advised of, or should have foreseen, the possibility of such damages.
    12. 7.12.
      You agree that the above exclusions and limitations of liability enable the Services and the OPTIMATIC Content to be provided by OPTIMATIC at either reasonable costs or no costs to you.
  8. 8.
    LINKED SITES
    1. 8.1.
      OPTIMATIC may provide links to other sites (i.e. Linked Sites) that may be of relevance and interest to users. OPTIMATIC has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against Optimatic with respect to the Linked Sites.
  9. 9.
    DATA USE, DATA PROTECTION AND PRIVACY POLICY
    1. 9.1.
      Please do not submit any personal information or data without first reading our Data Protection and Privacy Policy which explains our data use and privacy practices in detail.
    2. 9.2.
      If you submit or provide any personally identifiable information through the Site. including by setting up your Account and submitting User Content, you acknowledge and consent to OPTIMATIC collecting and using such information for various purposes, including without limitation, verification and record of your personal particulars, comparing it with information from other sources, to communicate with your and /or to send you information and promotional material about our company or their party organisations selected by us.
    3. 9.3.
      If you submit or provide any personally identifiable information through the Site, you acknowledge and consent to OPTIMATIC collecting and using such information for various purposes including:
      • to provide goods and services by OPTIMATIC or its designated representatives and/or business partners to you or parties designate by you and matters ancillary thereto;
      • to verify and process payment when you purchase goods and services from the Site;
      • for verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you;
      • for verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you;
      • to conduct statistical analysis of the users of our Site including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information to third parties who have or propose to have business dealings with us;
      • to send you information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organisations selected by us;
      • to comply with any request from any third party or any order of court or directive from authorities investigation any alleged offence, misdeeds and/or abuse or for the purpose of taking legal action against any users for breach of these Terms and Conditions.
    4. 9.4.
      We may send regular email/ newsletter/ update to our Site users to keep them informed about new services and promotions. By agreeing to these Terms and Conditions, you agree to receive email/ newsletter/ update governed by, and subject to, the Terms and Conditions.
  10. 10.
    TERMINATION
    1. 10.1.
      You agree that OPTIMATIC has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.
    2. 10.2.
      The suspension or deletion of Accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
    3. 10.3.
      The suspension or deletion of Account(s) due to causes attributable to the User(s) does not exempt the User(s) from paying any applicable fees or prices owed to OPTIMATIC.
  11. 11.
    NOTIFICATION OF INFRINGEMENT
    1. 11.1.
      OPTIMATIC reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of OPTIMATIC Content, User Content and other material on the Site ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify OPTIMATIC in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice").
    2. 11.2.

      All Infringement Notices shall be sent to OPTIMATIC addressed as follows:

      Email:[email protected]

    3. 11.3.
      OPTIMATIC will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against OPTIMATIC in respect of any Infringing Material, unless you have first given OPTIMATIC the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter OPTIMATIC refuses or fails to remove the Infringing Material within a reasonable time. Where OPTIMATIC removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against OPTIMATIC under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by OPTIMATIC.
    4. 11.4.
      You acknowledge and agree that OPTIMATIC has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
  12. 12.
    JURISDICTIONAL ISSUES
    1. 12.1.
      This Site is owned and operated by OPTIMATIC in Singapore. OPTIMATIC makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  13. 13.
    INDEMNITY
    1. 13.1.
      You agree to indemnify and hold OPTIMATIC, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
      1. 13.1.1.
        your use of the Site and/or any Service;
      2. 13.1.2.
        your connection to the Site;
      3. 13.1.3.
        your breach of these Terms and Conditions;
      4. 13.1.4.
        your violation of any rights of another person or entity; or
      5. 13.1.5.
        your breach of any statutory requirement, duty or law.
    2. 13.2.
      In addition, OPTIMATIC may, at its own discretion, use whatever information you have made available to OPTIMATIC in order prevent and stop any potential breach, actual breach or any unlawful or inappropriate use of the Site, including informing and/or disclosing your personal information to third parties whom OPTIMATIC deems appropriate to prevent or stop any breach.
  14. 14.
    SEVERABILITY
    1. 14.1.
      If any provision of these Terms and Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms and Conditions shall continue in force save that such provision shall be deemed to be deleted.
  15. 15.
    RELATIONSHIP OF PARTIES
    1. 15.1.
      Nothing in these Terms and Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between OPTIMATIC and you and neither party shall have any authority to bind the other in any way.
  16. 16.
    WAIVER
    1. 16.1.
      No waiver of any rights or remedies by OPTIMATIC shall be effective unless made in writing and signed by an authorised representative of OPTIMATIC.
    2. 16.2.
      A failure by OPTIMATIC to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
  17. 17.
    RIGHTS OF THIRD PARTIES
    1. 17.1.
      Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
  18. 18.
    FORCE MAJEURE
    1. 18.1.
      No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
    2. 18.2.1.
      For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
  19. 19.
    GOVERNING LAW & JURISDICTION
    1. 19.1.
      These Terms and Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.
    2. 19.2.
      You hereby agree to submit to the exclusive jurisdiction of the Singapore courts.
  20. 20.
    CONTENT SUBMITTED OR UPLOADED TO THE SITE
    1. 20.1.
      OPTIMATIC does not claim ownership of the Content submitted by you and/or other Users submit and/or content made available by you and/or other Users (i.e User Content) when using the Services provided under the Site. You are solely responsible for your own Content and OPTIMATIC only acts as a passive conduit for the online distribution and publication of your own Content.
    2. 20.2.
      By submitting your own Content, you agree to grant OPTIMATIC, its affiliates and its successors and assigns a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license (the “License”) to store, use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content. For the avoidance of doubt, the License granted to OPTIMATIC shall include the right to distribute, display, perform and otherwise use such User Content in connection with any material provided to OPTIMATIC by OPTIMATIC’s sponsors, and you shall not be entitled to any remuneration for such use.
    3. 20.3.
      You agree to grant each user of the Site and/or the Services a non-exclusive, perpetual, royalty-free and fully paid license (the “Personal License”) to access your User Content through the Site and/or the Services, solely for their personal use. For the avoidance of doubt, the Personal License granted to such users do not affect your ownership rights and your right to grant additional licenses over your User Content.
    4. 20.4.
      By submitting User Content to OPTIMATIC via the Site or Services, you represent, warrant, and undertake that:
      1. 20.4.1.
        you will not include any Content that is or could be plagiarized, unlawful, defamatory, offensive, obscene, dangerous or false, or any content that is protected by copyright or other intellectual property right, without first obtaining permission of the copyright owner or rights-holder, or any content that contains any viruses, bugs, or other harmful elements;
      2. 20.4.2.
        you will not assume a false identity or identity of another use when using the Site, and you will not use the Site for any unlawful or illegal activities, including but not limited to spamming, harassing or otherwise causing distress to other users
      3. 20.4.3.
        all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations; and
      4. 20.4.4.
        you have all rights to grant such Licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights, failing which, you will be liable to compensate and/or indemnify OPTIMATIC for all losses and/or damages resulting from a breach of this representation, warranty and undertaking.
    5. 20.5.
      OPTIMATIC shall have the right, but not the obligation, to monitor the Content you submit and/or contribute to the Site. OPTIMATIC shall have the right to remove or delete any material that OPTIMATIC, in its sole discretion, finds to be in violation of these terms or otherwise objectionable or in appropriate without having to assign any reason therefore. In addition, OPTIMATIC shall have the right to terminate your use of the Site if it believes that you have violated any of the Terms or Conditions, or for any other reason whatsoever, without notice to you.
  21. 21.
    NOTICE
    1. 21.1.
      You hereby agree and acknowledge that all electronic communications made pursuant to the use of this Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document.
    2. 21.2.
      You hereby agree and acknowledge not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically.