Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 1ST JULY 2018.

Acceptance of Terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with,

Kaepsel.

Description of Services Offered

The Site is an e-commerce websites which has the following descriptions.

• Kaepsel = Retail sale of gifts, handicrafts and collectibles (47742). Retail sale via internet (47910).

1.1) Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “Users” of the herein contained services provided for the purpose of this TOS. Once an individual registers for our services, through the process of creating an account, the user shall then be considered a “Member”.

1.2) The user and/or member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Kaepsel.

1.3) At its discretion, Kaepsel may offer additional website services and/or products, or update, modify or revise any current content and services, and this agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated.

1.4) Kaepsel does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Kaepsel shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuances of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided services forthwith.

1.5) The user and/or member understands, acknowledges and agrees that the Service offered shall be provided “AS IF” and as such Kaepsel shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Registration

2.1) To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Kaepsel’s services under the laws and statutes of Singapore or other application jurisdiction.

2.2) When you register, Kaepsel may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, and personal interests. You can edit your account information at any time. Once you register with Kaepsel and sign in to our services, you are no longer anonymous to us.

2.3) The registering party hereby acknowledges, understands and agrees to :

1. Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and;
2. Maintain and promptly update your registration profile information in an effort to maintain accuracy and completeness at all times.

2.4) If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Kaepsel will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, as such refuse any and all current or future use of Kaepsel services or any portion thereof.

Terms of Sale

There shall be no “contract” established between Kaepsel in respect of any product, until the product is shipped to your requested address. Once the order is placed on our website, you will receive an email confirmation which will be considered your acknowledgement of your order.

The registered user hereby understands and agrees that an order is only accepted by us once the product is delivered to the stated address.

Processing and Delivery

Kaepsel will take every best effort to delivery their boxes to you on time that you have requested. Processing times increase in the case of high volume such as launch dates, sales, holidays, etc. Feel free to email us if you need your item by a certain date, as we always do our best to accommodate.

If collection is not done within 10 working days, the order will be cancelled with no refund.

You will receive an email notification when your order has shipped. Kaepsel shall not be held liable for any liabilities, losses, damages, costs, expenses as the delivery is made via Ninjavan, Singpost or any other delivery company. Please note that we can NOT guarantee shipping times, as we do not, own or control Ninjavan, Singpost or any other delivery company.

Errors in pricing & payments

Kaepsel commits to ensuring that prices displayed on our websites, affiliate websites, and/or our subsidiaries’ websites, are as accurate to the best of our knowledge and abilities. However should there be an error occurring, Kaepsel will make our best efforts to contact you and to inform you of such unforeseen circumstances. If we are unable to contact you, we will assume that the order is cancelled and will proceed to do a refund.

Even if an order is accepted by us, Kaepsel is under no obligation to fulfill an order even if the price reflected on our websites, affiliate websites, and/or our subsidiaries’ websites, are incorrect.

Refusal of Order

Kaepsel reserves the rights to refuse any order at our sole discretion, at any given time. Even after an order the has been confirmed, and the confirmation email has been received.

Kaepsel will also not be held liable by you, any registered or non-registered member, nor any third party; by the reason for any refusal of service, refusal of order, removal of products, from our websites, affiliate websites, and/or our subsidiaries’ websites.

Privacy Policy

We at Kaepsel take our responsibilities under Singapore’s Personal Data Protection Act 2012 (the “PDPA”) seriously. We also recognise the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.

This Data Protection Policy is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data.

If you, at any time, have any queries on this policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our appointed Data Protection Officer (the “DPO”) at:

Kaepsel

Address: Bidadari Park Drive, Singapore 341104

Email Address : justask@kaepsel.com

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would deemed a violation of the TOS. It shall be your responsibility to notify Kaepsel immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Kaepsel shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

Kindly refer to Kaepsel’s Personal Data Protection Act policy at this (https://kaepsel.com/privacy-policy/)

Conduct

4.1) As a user or member of this site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Kaepsel services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Kaepsel.

4.2) You herein agree not to make use of Kaepsel’s services for the purpose of:

1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically or otherwise objectionable:
2. Causing harm to minors in any manner whatsoever,
3. Impersonating any individual or entity, including, but not limited to, any Kaepsel officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
5. Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
6. Uploading, posting, emailing, transmitting or otherwise offering any such content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
7. Uploading, posting, emailing, transmitting or otherwise or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail”, “spam”, or any other form of solicitation, except in any such areas that may have been designated for such purposes;
8. Uploading, posting, emailing, transmitting or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
9. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users ability to participate in any real time interactions;
10. Interfering with or disrupting any Kaepsel Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
11. Intentionally or unintentionally violating any local, state, federal, national or international laws, including, but not limited to, rules, guidelines, and/or regulations decreed by the Monetary Authority of Singapore, in addition to any rules of any nation or other securities exchange, that would include without limitation, the Singapore Stock Exchange or the NASDAQ, and any regulations having the force of law.
12. Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the Singapore Government as a “terrorist act” in accordance to Chapter 339, Section 2 (1) of the United Nations (Anti-terrorism Measures) Regulations.
13. “Stalking” or with the intent to otherwise harass another individual; and/or
14. Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Kaepsel herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

Kaepsel herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

1. Compliance with any legal process;
2. Enforcement of the TOS;
3. Responding to any claim that therein contained content is in violation of the rights of any third party;
4. Responding to requests for customer service; or
5. Protecting the rights, property or the personal safety of Kaepsel, its visitors, users and members, including the general public

Kaepsel herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Kaepsel or any other content providers supplying content services to Kaepsel. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part is expressly prohibited.

Cautions for global use and export and import compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to the online conduct and that which is considered to be acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of Singapore and possibly other countries.

Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to any export administration regulations, as well as the sanctions control program of Singapore. Furthermore, you state and pledge that you:

1. Are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
2. Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
3. Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the local export laws; and
4. Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of Singapore or other applicable export and/or import laws.

Content placed or made available for company services

Kaepsel shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services without prior approval/ permissions. Therefore, you hereby grant and allow for Kaepsel the below listed worldwide royalty-free and non-exclusive licenses, as applicable.

1. The content submitted or made available for inclusion on the publicly accessible areas of Kaepsel’s sites, the license provided to provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Kaepsel’s sites, and shall terminate at such time when you elect to discontinue your membership
2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Kaepsel’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Services are for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Kaepsel’s sites, and shall terminate at such time when you elect to discontinue your membership.
3. For any other content submitted or made available for inclusion on the publicly accessible areas of Kaepsel’s sites , the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “ publicly accessible” areas of Kaepsel’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.

Contributions to company website

Kaepsel provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“contributions”) to our site, you acknowledge and agree that:

1. Your contributions do not contain any type of confidential or proprietary information;
2. Kaepsel shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contributions;
3. Kaepsel shall be entitled to make use of and/or disclose any such contributions in any such manner as they may see fit;
4. The contributor’s contributions shall automatically become the sole property of Kaepsel; and
5. Kaepsel is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Indemnity

All users and/or members herein agree to insure and hold Kaepsel, our subsidiaries, affiliates, agents, employee, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our side may submit, post, modify, transmit, or otherwise make available through our services, the use of Kaepsel’s services or your connection with these services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Commercial reuse of services

There member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to Kaepsel’s sites.

Use and storage general practices

You herein acknowledge that Kaepsel may set up any such practices and/or limits regarding the use of our services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Kaepsel, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our service, the maximum disk space allowable that shall be allocated on Kaepsel’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our services in a given period of time. In addition, you also agree that Kaepsel has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Kaepsel shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Modifications

Kaepsel shall reserve the right at anytime it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.

Termination

As a member of Kaepsel and/or its subsidiaries, and/or its affiliates, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to fill in.

As a member, you agree that Kaepsel may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. Any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline
2. By way of requests from law enforcement or any other governmental agencies;
3. The discontinuance, alteration and/or material modification to our services, or any part thereof;
4. Unexpected technical or security issues and/or problems.
5. Any extended periods of inactivity;
6. Any engagement by you in any fraudulent or illegal activities; and/or
7. The nonpayment of any associated fees that may be owed by you in connection with your account services

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services

The termination of your account with Kaepsel shall include any and/or all of the following.

1. The removal of any access to all or part of the services offered within Kaepsel’s websites and/or affiliates,
2. The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. The barring of any further use of all or part of our services.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Kaepsel shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Links

Either Kaepsel or any third party may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources.

Furthermore, you acknowledge and agree that Kaepsel shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

Proprietary Rights

You do hereby acknowledge and agree that Kaepsel’s services and any essential software that may be used in connection with our services (“software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.

Furthermore, you herein acknowledge and agree that any content which maybe contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.

Therefore, except for that which is expressly permitted by applicable law or as authorized by Kaepsel or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Kaepsel’s services (e.g Content or Software), in whole or part

Kaepsel herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our software on a single computer as long as you do not, and shall not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the software.

Furthermore, you do herein agree not to alter or change the software in any manner, nature or form, and as such, not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services.

Lastly you also agree not to access or attempt to access our services through any means other than through the interface which is provided by Kaepsel for use in accessing our services.

Warranty Disclaimers

You herein expressly acknowledge and agree that:

1. The use of Kaepsel services and software are at the sole risk by you. Our services and software shall be provided on an “AS IS” and/or “AS AVAILABLE” basis. Kaepsel and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2. Kaepsel and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that:

• Kaepsel services or software will meet your requirements;
• Kaepsel services or software shall be uninterrupted, timely, secure, or error free.
• That such results which may be obtained from the use of the Kaepsel services of software will be accurate or reliable.
• Quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations.
• that any such errors contained in the software shall be corrected.

1. Any information or material downloaded or otherwise obtained by way of Kaepsel services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
2. No advice and/or information despite whether written or oral, that may be obtained by you from Kaepsel or by way of or from our services or software shall create any warranty not expressly stated in the TOS.
3. A small percentage of some users may experience some degree of epileptic seizure when exposed to a certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

Limitation of Liability

You explicitly acknowledge, understand and agree that Kaepsel and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses even though we may have been advised of such possibility that said damages may occur, and result from

1. The use or inability to use our service.
2. The cost of procuring substitute goods and services.
3. Unauthorized access to or the alteration of your transmission and/or data.
4. Statements or conduct of any such third party on our service.
5. And any other matter which may seem related to our service.

Release

In the event you have a dispute, you agree to release Kaepsel (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Special admonition related to financial matters

Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from our services concerning companies, stock quotes, investments or securities, please review the above sections “Warranty Disclaimers” and “Limitations of Liability” again. In addition for this particular type of information, the phrase “ Let the investor beware” is appropriate. Kaepsel’s content is provided primarily for informational purposes, and no content that shall be provided or included in our services is intended for trading or investing purposes. Kaepsel and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by the way of our services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

Exclusions and Limitations

There are some jurisdictions which do not allow the exclusion of certain warranties or the limitations of exclusion of liability for incidental or consequential damages. Therefore some of the above limitations of sections warranty disclaimers and limitations of liability may not apply to you.

Third Party Beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third party beneficiaries to this agreement.

Notice

Kaepsel may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular email, MMS or SMS, text messaging via “Whatsapp”, postings on our website services, or other reasonable means currently known or any which any be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our services in an unauthorized manner, Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all noticed that would have been delivered had you accessed our services in an authorized manner.

Trademark Information

You herein acknowledge, understand and agree that all of the Kaepsel trademarks, copyright, trade name, service marks, and other Kaepsel logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Kaepsel. You herein agree not to display and/or use in any manner the Kaepsel logo or marks without obtaining Kaepsel’s prior written consent.

Copyright or Intellectual Property Infringement Claims Notice & Procedures

Kaepsel will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Kaepsel may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us the following information:

1. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
2. A description of the location of the site which you allege has been infringing upon your work
3. Your physical address, telephone number and email address
4. A brief statement that the alleged and disputed use of your work is not authorized by the copyright owner.

General Information

1. Entire Agreement – This TOS constitutes the entire agreement between you and Kaepsel, and shall govern the use of our services, superseding any prior version of this TOS between you and us with respect to Kaepsel Services. You may also be subjected to additional terms and conditions that may apply when you use or purchase certain other Kaepsel Services, affiliate services, third-party content or third-party software
2. Choice of law and forum – It is the mutual agreement of both you Kaepsel with regard to the TOS that the relationship between the parties shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes arising out of or relating to the TOS or the relationship between you and Kaepsel shall be filed within the courts having jurisdiction within the Republic of Singapore. You and Kaepsel agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
3. Waiver and Severability of Terms – At any time, should Kaepsel fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
4. No right of survivorship Non-transferability – You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
5. Statute of Limitations – You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the TOS must be filed within 6 month(s) after said claim or cause of action arose or shall be forever barred.

Violations

Please report any and all violations of this TOS to Kaepsel as follows:

Kaepsel – justask@kaepsel.com