TERMS OF USE

This Terms of Use (“Terms”) governs the access to and use of the Website provided by Gear Inc. and its affiliated companies (“we”, “us”, or “our”).

Please review these Terms in conjunction with our Privacy Policy before using the Website. If you do not agree to these Terms, then you must immediately discontinue your use of the Website.

We reserve the right to change these Terms from time to time and for any reason. Access to the Website is subject to these Terms, as they are amended from time to time and published on the Website. You should therefore read these Terms carefully each time you access the Website. Your continued access to the Website shall be deemed as having read, understood and accepted the Terms as published on the Website.

DEFINITIONS

1. As used in this Terms:
   “User” means a User of the Website;

   “Client” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us;
   “Personal Data” means data, whether true or not, about a Client who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access; and
   “Website” refers to https://gearinc.com/ including its subdomains;
   “Website Content” refers to all information, text, images, data, links, or other material posted on the sections of the Website: (i) that are publicly available; and (ii) which you have the right to access, whether created by us or provided by a third party for display on the Website.

ACCESS TO WEBSITE

2. Access to the Website and the Website Content is on an as-is and as-available basis. We do not guarantee continuous accessibility or uninterrupted operation of the Website and we do not represent any Website Content to be accurate or representative of a fact.
3. We reserve the right to temporarily suspend, shut down the Website or remove or edit any Website Content for such purposes as we may require, as and when necessary.

ACCEPTABLE USE

4. As a User, you can browse and view the Website and the Website Content in accordance with these Terms and, in any event, for lawful and proper purposes which includes complying with all applicable laws and regulations of the jurisdictions from which you are accessing this Website.
5. The Website and Website Content may not be used for any illegal purpose or in any manner inconsistent with these Terms. The Website Content is protected by copyright and other proprietary rights and may not be reproduced, published, distributed, copied, modified, appropriated or exploited in any manner without our written permission.
6. If you use our Website on your mobile device, your mobile carrier’s normal rates and charges apply. You are solely responsible for all fees and costs associated with your access to and use of the Website.

PERSONAL DATA

7. You assume responsibility for controlling how your Personal Data is disclosed or used on the Website, including, without limitation, taking appropriate steps to protect such data.
8. The collection and use of any information collected from you, including but not limited to Personal Data, shall be subject to our Privacy Policy.

 INTELLECTUAL PROPERTY

9. Nothing on this Website shall be construed as granting a User any license or right over the Website and the Website Contents (in particular any trademarks or copyright belonging to us).
10. The Website and all Website Contents shall remain our sole and exclusive property.
    

EXTERNAL LINKS

11. The Website may contain links to websites which are not operated or controlled by us. These links are provided to you as a matter of convenience, and we make no endorsement, representation or warranty whatsoever in respect of any linked website and shall not be responsible for the content of any linked website. Use of any external website is subject to its terms of use and privacy policy. You are responsible for exercising caution and good judgment when using external websites.

INDEMNIFICATION

12. You hereby agree to indemnify, hold harmless and defend Gear Inc and its affiliates, officers, directors, agents, partners, employees, licensors and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, legal fees, resulting directly or indirectly from a claim that arises in connection with your use of the Website.
13. Notwithstanding the indemnification given by you, Gear Inc and its affiliates, officers, directors, agents, partners, employees, licensors and representatives shall have the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under this clause, and in such case, you agree to fully cooperate as reasonably required with such defence and in asserting any available defences.
    

LIMITATION OF LIABILITY

14. In no event shall Gear Inc and its affiliates, officers, directors, agents, partners, employees, licensors and/or representatives be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the reliance, use, inability to use, unauthorised access to or use or misuse of the Website and/or Website Content, whether based upon warranty, contract, tort (including negligence), or otherwise, even if Gear Inc and its affiliates, officers, directors, agents, partners, employees, licensors and/or representatives have been advised of the possibility of such scenario, damages or losses.

WAIVER

15. Our failure or delay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

TERMINATION

16. We reserve all rights to deny or restrict access to this Website by any particular person, or to block access from a particular IP address to this Website, at any time, without ascribing any reasons whatsoever.

DISPUTE RESOLUTION & GOVERNING LAW

17. These Terms shall be governed by and construed according to the laws of the Republic of Singapore. Any claim relating to the use of the Website shall be heard by the Singapore Courts.

THIRD PARTY RIGHTS

18. None of the terms herein shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B) or otherwise, by any person or entity who is not a party hereto.

VARIATIONS

19. We reserve the right to amend, vary or modify these Terms at any time, without giving prior notice to you and such amendments shall be effective immediately upon inclusion/publication of such amendment on the Website.

CONTACT DETAILS

20. For any concerns, you may contact us at:
    Email Address: corporate@gearinc.com

    Attention: Legal Department
    Address: 8 Eu Tong Sen Street #20-81, Clarke Quay Central, Office 2, Singapore 059818

Version: 1 March 2024