PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
This website (the “Website”) is operated by UPC Co., Ltd, a company
incorporated in the Cayman Islands (the “Company” or “we”).
of this Website, http://upower.io.
YOUR USE OF THIS WEBSITE
By using, visiting, accessing or registering with the Website you
agree to accept and be bound by these Terms and policies referenced
herein and/or available by hyperlink.
If you do not agree to these Terms, you must not
access or use the Website.
These Terms may be modified from time to time and are effective
immediately when we post them. Any changes to these Terms will be
reasonably notified to you through the Website. Please check these
Terms periodically to ensure you understand the Terms that apply at
By using the Website, you represent and warrant that you are:
18 years of age or older;
not barred to access, visit, use or register with the Website
under any applicable law; and
using the Website for your own personal use.
If you do not meet the above requirements, you must not access or use the
OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also
apply to your use of the Website:
Link here] (as may be amended from time to time), which sets
out the terms on which we process any personal data we collect
from you, or that you provide to us. By using the Website, you
consent to such processing and collection of your personal data
and you warrant that all data provided by you is accurate.
WE MAY SUSPEND OR WITHDRAW THE WEBSITE
We do not guarantee that the Website, or any content on it, will
always be available or be uninterrupted. We may suspend or withdraw
or restrict the availability of all or any part of the Website for
business and operational reasons. We will try to give you
reasonable notice of any suspension or withdrawal.
LICENCE AND WEBSITE ACCESS
We grant you a limited licence to gain access to and make personal
use of this Website. No right, title or interest in our materials
is conveyed to you. You may not download (other than page caching)
or modify this Website, or any portion of it, except with our prior
express written consent. This licence does not include any resale
or commercial use of this Website or its materials; any derivative
use of this Website or its materials; any downloading or copying of
account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction
This Website or any portion of this Website may not be reproduced,
duplicated, copied, sold, resold, visited, published, displayed, or
otherwise exploited for any commercial purpose without our prior
express written consent. All rights not expressly granted are
reserved by us.
We have a no-tolerance policy regarding the use of our trademarks
or names in metatags and/or hidden text. You may not, without our
prior express written consent, do any of the following:
link to any web page on this Website;
use any meta tags or any other "hidden text" utilizing our
names or trademarks; or
frame, inline link or utilize other techniques to associate or
juxtapose any of our trademarks, logos, or other materials with
advertisements and/or other information not originating from
Any unauthorized use terminates your limited licence. In the event
of a violation of these Terms, we reserve the right to seek all
remedies available by law and in equity.
We retain the right at our sole discretion to deny anyone access to
this Website, at any time and for any or no reason, including, but
not limited to, for violation of these Terms.
LINKS TO OTHER WEBSITES
There may be links on this Website to one or more external websites
or resources operated by third parties (the "Third Party Sites").
In addition, certain Third Party Sites also may provide links to
this Website. None of such links shall be deemed to imply that we
endorse the Third Party Sites or any content therein. Access to any
Third Party Sites is at your own risk and we will have no liability
arising out of or related to such Third Party Sites and/or their
content or for any damages or loss caused or alleged to be caused
by or in connection with any purchase, use of or reliance on any
such content, goods, or services available on or through any such
Third Party Site.
LIMITATION OF LIABILITY
This Website and all information, content, materials and services
included on or otherwise made available to you through this Website
are provided on an "as is" and "as available" basis, unless
otherwise specified in writing. We make no representations or
warranties of any kind, express or implied, as to the operation of
this Website or the information, content, materials or services
included on or otherwise made available to you through this
Website, unless otherwise specified in writing. You expressly agree
that your use and access of this Website is at your sole risk.
We do not warrant that this Website, information, content,
materials or services included on or otherwise made available to
you through this Website, their servers, or email sent from us are
free of viruses, malware or other harmful components.
In no event will we be liable to any party for the following kinds
of any damages of any kind arising from the use of this Website or
from the use of or reliance on any information, content or
materials (including software) included on or otherwise made
available to you through this Website, including, but not limited
direct, indirect, incidental, punitive, and consequential
damages, lost profits or revenues, costs of replacement,
business interruptions, loss of data or damages resulting from
use of or reliance on the information present, even if we are
expressly advised about the possibility of such damages, unless
otherwise specified in writing;
losses and/or damages that are not covered by our specific
losses and/or damages caused by your violation of these Terms.
Nothing in these Terms excludes or limits our liability for death
or personal injury arising from our negligence, or our fraud or
fraudulent misrepresentation, or any other liability that cannot be
excluded or limited by law.
You will indemnify us and our affiliates, officers, agents,
partners and employees and will keep us indemnified against any
losses, damages, costs, liabilities and expenses (including,
without limitation, legal expenses and any amounts paid by us to a
third party in settlement of a claim or dispute) incurred or
suffered by us arising out of your access or use of the Website,
your violation of any terms in these Terms or your violation of any
rights of another.
If any provision in these Terms shall be deemed invalid, void, or
for any reason unenforceable, that provision shall be deemed
modified to the minimum extent necessary to make it valid, legal
and enforceable. If such modification is not possible, that
provision shall be deemed severable. Any modification to or
deletion of a provision shall not affect the validity and
enforceability of any remaining provisions.
No failure or delay by a party to exercise any right or remedy
provided under these Terms or by law shall constitute a waiver of
that or any other right or remedy, nor shall it preclude or
restrict the further exercise of that or any other right or remedy.
No single or partial exercise of such right or remedy shall
preclude or restrict the further exercise of that or any other
right or remedy.
APPLICABLE LAW AND DISPUTE RESOLUTION
By visiting this Website, you agree that the laws of the Republic
of Singapore, without regard to principles of conflict of laws,
will govern these Terms and any dispute of any sort that may arise
Any dispute arising out of or in connection with this contract,
including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by
arbitration administered by the Singapore International Arbitration
Centre (“SIAC”) in accordance with the Arbitration Rules of the
SIAC ("SIAC Rules") for the time being in force, which rules are
deemed to be incorporated by reference in this clause. The seat of
the arbitration shall be Singapore. The Tribunal shall consist of
one arbitrator. The language of the arbitration shall be the