Terms and Conditions
Effective date: 18th October 2024
These Terms and Conditions is made between you and Cloud Telecommunications (S) Pte. Ltd. concerning your access to and use of our Bropanda application (hereinafter referred to as "Bropanda"). This Terms and Conditions shall always be accessible on https://www.bropanda.sg. You agree that by accessing Bropanda, you have read, understood, and agree to be bound by this Terms and Conditions ("T&C").
Collectively, the term "Users" used throughout this Agreement which refers to these individuals or entities engaging, accessing and using Bropanda:
End Users: Individuals using and accessing Bropanda directly for personal use.
Business Users: Entities that use Bropanda's Service and directly or indirectly provide us with personal data about their End Users as part of their own business operations.
Job Applicants: Individuals applying for employment opportunities at Bropanda.
SERVICE
DESCRIPTION OF SERVICE
Bropanda resells prepaid eSIM with data Service plan based on eSIM technology (the "Service"). Registration and usage of the Service can be made on https://www.bropanda.sg and/or Bropanda.
REGISTRATION
By accessing Bropanda, all Users accept this T&C to utilise the Service. Users are required to provide the following information during the registration process:
End Users: For direct interactions and transactions on the Bropanda website at https://www.bropanda.sg or via Bropanda, End Users are required to provide personal information such as first name, last name, and email address.
End Customers: When Service are ordered by another Bropanda account holder, such as a Business User, the necessary information for End Users is provided by the initiating party. Business Users are responsible for ensuring that End Users' personal data is collected in compliance with applicable data protection laws. In cases where Service are facilitated through intermediaries (e.g., hotels or travel agencies), these intermediaries may provide the required registration information on behalf of the Users.
Business Users: Additional business-specific information, including company name, address, company email addresses, website, region, industry, phone number, and relevant contacts, is collected to meet the operational needs of businesses and to customize Service for their End Users.
To meet changing Service needs and improve user experience, Bropanda may collect additional information from all Users when necessary. This will be done with respect for privacy and in full compliance with data protection laws, without requiring amendments to these T&C. Users will be notified of any such information collection through our usual communication channels.
Bropanda'S SERVICE COMMITMENTS
Bropanda will make reasonable efforts to deliver high-quality Service to the Users but does not guarantee uninterrupted, timely, secure, or error-free service.
USERS' OBLIGATIONS
Users must not engage in any abusive, illegal, or fraudulent activity when using the Service, nor cause any harm or damage to the Network. If the Users violate these obligations, Bropanda reserves the right to suspend service. During any suspension, the Users remain responsible for paying all associated Charges for the suspended Service.
SERVICE COMPATIBILITY
The Users have the responsibility to ensure that their device is compatible with eSIM technology and is network-unlocked. Compatibility may vary by carrier and country, and the Users should verify this using the list of eSIM-compatible devices provided at checkout. By confirming that their device is compatible, the Users assume responsibility for the accuracy of the information they provide. The eSIM compatibility list may not be exhaustive, as newly released eSIM devices may not yet be included.
START, DURATION AND TERMINATION OF THE CONTRACT
The Service contract between Bropanda and the Users starts once an order is completed through Bropanda's website at https://www.bropanda.sg, eSIMM ROAM's APIs, the Partner Platform, or any other product by Bropanda that facilitates ordering.
For End Users, the contract terminates if they do not have an active data package or if the eSIM is deleted from the device. For Business Users, termination follows the terms of any specific agreement between the Business User and Bropanda or depends on their active status on the Partner Platform. Business Users remain under contract even without an active data package or after the eSIM is deleted, in line with their ongoing partnership with Bropanda.
eSIM RECYCLING PROCESS AND ACTIVATION
The Users are responsible for activating the eSIM and agreeing to the Activation Policy.
Users must activate the eSIM within the specified time frame as outlined in the activation instructions provided during the purchase, as Bropanda has an eSIM recycling process in place to ensure optimal service. It is the Users' responsibility to activate the eSIM within this period. Failure to do so may result in the eSIM expiring, rendering it unusable.
Once expired, the eSIM cannot be reactivated, and the user will need to purchase a new eSIM to restore functionality. Users are advised to carefully follow the activation guidelines to ensure a smooth activation process.
CHARGES AND PAYMENT TERMS
Payments and expenses must be made through the third-party payment processor (PSP) indicated in the Services. Customers may need to register, agree to the PSP's terms, provide payment details, and complete a vetting process to use the PSP. By accepting these T&C, the Users agree and accepted the usage of PSP Services. Bropandais not a party to this and holds no obligations or liability under it.
All prices exclude taxes unless stated otherwise. Taxes will be based on your billing address and calculated at the time of the transaction.
PAYMENT OPTIONS
Payment options for Bropanda's Service, include, but not limited to credit/debit cards, PayPal, Google Pay, Apple Pay, and Alipay
Payments are made in US Dollars ($), though other currencies may be accepted depending on the transaction. Payment processing is secured through eSIMM ROAM-approved providers, such as PayPal (https://paypal.com/), Stripe (https://stripe.com/), and other providers chosen for each specific transaction.
AUTOMATIC RENEWALS FOR END USERS
Automatic Charges: Renewal fees will be automatically charged to the End User's chosen payment method when their data usage drops below a certain threshold at the start of each billing cycle.
Automatic Renewal Cancellation Policy: End Users can cancel automatic renewals at any time. The cancellation will be effective at the end of the current billing cycle, allowing users to continue using the Service until that time. Users can manage cancellations through their Bropanda account or by contacting Users support.
CHARGES FOR USE
INVOICING
Bropanda follows a structured billing process for Business Users utilizingBropanda Credits for purchasing eSIMs, top-ups, and other services via the Partner Platform. This ensures transparency and accountability in financial transactions.
Issuance of Invoices: Bropanda issues invoices to Business Users, detailing the Credits used to purchase eSIMs and top-ups within a given billing period. These invoices provide a clear breakdown of charges, helping Business Users manage their expenses effectively.
Payment Obligations: Business Users must settle their invoices within the deadlines specified. Adhering to these deadlines ensures uninterrupted Service and maintains a positive standing within the Bropanda's Partner Platform.
Consequences of Late Payment:
Service Suspension: If a Business User fails to pay an invoice on time, Bropanda reserves the right to suspend Service until full payment is received, ensuring the sustainability of Service and fairness in billing.
Interest and Damages: Bropanda may charge interest on overdue amounts, either at a rate specified in the invoice or as permitted by law. Business Users may also be liable for any damages or additional costs incurred by Bropanda due to late payments, including administrative and legal fees related to debt recovery.
Invoices are primarily issued in USD, though Bropanda reserves the right to issue invoices in other currencies as necessary or as mutually agreed with the Business User.
Time for the performance of the payment under this T&C shall be of the essence to maintain a positive business relationship and ensure continuous service. Business Users are encouraged to contact the support team promptly in case of any billing issues or payment difficulties to work out a suitable solution.
PREPAID TRANSACTIONS FOR BUSINESS USERS
Business Users on the Bropanda platform engage in a specific transaction process based on the purchase of Bropanda Credits. These credits function as currency within the platform, allowing Business Users to buy eSIMs and top-up Service tailored to their business needs. They may also opt to use credit or debit cards for purchases on the Partner Platform.
PURCHASING Bropanda CREDITS
Business Users start by purchasing Bropanda Credits, a process designed to be simple and flexible. Various payment options are available, including credit/debit cards, bank transfers, and electronic payment methods, to accommodate different business needs and preferences.
USING Bropanda CREDITS
Once the credits are added to their account, Business Users can easily use them to purchase eSIMs, top-ups, and other Bropanda Service. The credit-based system enables businesses to plan and manage their spending on telecommunications Service based on their operational cycles and requirements.
Business Users are encouraged to visit the Bropanda Partner Platform or reach out to the dedicated support team for more details on purchasing and using Bropanda Credits or to explore the best payment methods for your business.
POSTPAID TRANSACTIONS FOR BUSINESS USERS
Credit Limit System:
To support postpaid transactions, Bropanda may implement a credit limit system, allowing Business Users to purchase eSIMs, top-ups, and other Service on credit up to a pre-set amount. The credit limit may be determined unilaterally by Bropanda or negotiated with the Business User, depending on the agreement. This system gives businesses a scalable and manageable way to address their connectivity needs without enabled payment.
Eligibility Criteria:
Not all Business Users are automatically eligible for postpaid payment options. Bropanda reserves the right to determine which Users qualify, based on criteria such as transaction history, creditworthiness, and the length of the business relationship. This ensures the postpaid model aligns with the risk management and business practices of both parties.
By offering postpaid transactions, Bropanda provides Business Users with the flexibility to prioritize operational needs while managing payments in a way that suits their financial workflows.
Bropanda includes VAT in all stated charges unless specified otherwise. Prices for eSIM purchases by Business Users on the Bropanda platform are exclusive of applicable taxes unless otherwise stated. Business Users are responsible for calculating and covering all taxes related to their eSIM purchases from eSIMM ROAM.
Users are not permitted to offset any of their claims against Bropanda's claims unless the Users' claims are undisputed or confirmed by a decision subject to investigation by Cloud Telecom.
DELIVERY
End Users will find their purchased eSIM under the "My eSIMs" tab on the website at https://www.bropanda.sg or via the Bropanda app. After completing the purchase, the Users will receive a confirmation email. All the necessary details for installing the eSIM will be available exclusively within the user's Bropandaaccount.
Business Users' eSIMs is accessible through the Partner Platform, which is designed to simplify the management and deployment of eSIMs and top-up packages, tailored to the specific needs of their business.
As this is an electronic product, no physical delivery is required.
Bropanda & CREDITS ("CREDITS")
USE OF CREDITS
Credits are a payment used for Business Users on the Partner Platform which enables purchases of eSIMs, top-ups, and other products and serve as a medium for issuing refunds.
Credits are non-refundable, not claimable and is intended for company use on the Partner Platform to be used for the use of the Service.
Unused Credits balance in the account after termination of the agreement is the rights of Bropanda. Credits are not automatically refunded. Business Users must submit a written request for refund options.
Business Users are assigned a credit limit for post-paid transactions, which limits expenditures for purchasing eSIMs and top-ups. Further purchasers are not allowed when credit limit is exceeded unless subsequent payment is made.
PRICES AND PROMOTIONS
PRICES
Prices are the amount Bropanda charges Users for its eSIM packages and Service.
For End Users: The prices listed on our website are specifically for End Users. It is their responsibility to frequently check the website up-to-date information on pricing and promotions.
For Business Users: Business Users should refer to the designated platforms and product offerings tailored to their needs for accurate pricing information. This approach ensures that Business Users receive customized information and pricing strategies that best meet their operational and scale requirements. Business Users are encouraged to contact our support team for further information or inquiry.
Prices may differ between End Users and Business Users, as prices are influenced by customized Service and volume-based packages which are available for different user categories.
Prices may change at any time without advance notice. Bropanda frequently evaluates its pricing strategy to remain competitive while maintaining high service standards.
Bropanda reserves the right to adjust prices based on factors such as market conditions, currency exchange rates, and operational costs. These changes ensure the continued provision of high-quality connectivity solutions for Users.
Bropanda will strive to inform Users promptly of any significant price changes, helping them make informed purchasing choices. However, due to the rapidly shifting factors that affect pricing, instant notifications may not always be feasible.
PROMOTIONS
Bropanda may offer discounted prices on its eSIM packages for a limited period. Promotions will include specific terms, such as duration, eligibility, and conditions, which will be clearly outlined during the promotional period. After the promotion ends, standard pricing will apply unless specified otherwise.
Bropanda reserves the right to change or cancel promotional pricing and terms at any time without prior notice.
Users may contact Bropanda's support team at support@esimmroam.com for any inquiries regarding the promotional offers.
USERS' LOCATION TRACKING
As an effort to offer and enhance our location-based Service and Users' experience, Bropanda may collect and process Users' geographical location information, including GPS coordinates, IP address, Wi-Fi access points, and cell tower details. By using Bropanda's Service, Users consented to location tracking.
Location data may be shared with relevant third-party partners who are required to follow privacy regulations.
Users can manage location Service via their device settings, though as a result, some features may be limited. Bropanda imposes security protocols, retains data only as long as necessary and adheres to relevant data protection laws to ensure the safety of Users' location tracking data.
Users are advised to keep themselves up to date of this T&C as this section may be revised to reflect updates. Users may reach out to support@esimmroam.com with any inquiries or concerns regarding location tracking policies.
LOCAL REGULATORY COMPLIANCE
By using Bropanda Services, you agree to follow all local laws, including mobile device registration and telecom service use. Bropanda may take actions on your behalf to meet these requirements, where necessary by law.
By accepting these Terms, you agree to Bropanda's use of your personal data in line with local data protection laws.
REPRESENTATIONS AND WARRANTIES
Users confirm that they are at least 18 years old or of the legal age required in their country of residence and are capable of entering into binding contracts. Users also represent and warrant that they have the authority, right, and capacity to enter into this Agreement and to comply with its terms. If the Users enter into this Agreement on behalf of a company or organization, the User confirms they have the authority to act on behalf of that entity and bind it to this Agreement.
Users further represent and warrant that they have read, understand, and agree to these T&C and the Privacy Policy in order to access and use the services. Users agree to comply with all applicable local, state, and federal laws while using the services and to act in good faith.
Users are prohibited from engaging in certain activities, including but not limited to: (i) copying or distributing any part of the Services without permission; (ii) using automated systems, such as bots or spiders, to access the Services; (iii) transmitting spam or attempting phishing or other fraudulent activities; (iv) interfering with the system's security or integrity; (v) violating laws or soliciting others to engage in unlawful acts; (vi) uploading harmful data, such as viruses; (vii) infringing on the intellectual property rights of Bropanda or others; (viii) impersonating others or engaging in fraudulent behavior; (ix) harassing or abusing other users or Bropandastaff; (x) disrupting the performance or security of the Services; (xi) reverse engineering or bypassing security measures; or (xii) collecting or tracking personal information of others without consent.
Users also warrant that, unless disclosed in writing to Bropanda, they do not have any undisclosed motives or interests, such as using the Services for journalistic, investigative, or illegal purposes. If such motives arise, Users agree to promptly inform Bropanda in writing.
By installing the app, Users consent to the app and any future updates or upgrades, which may communicate with Bropanda's servers, modify preferences, and collect personal information as described in the Privacy Policy. Users may uninstall the app at any time.
TERMINATION AND SUSPENSION
Both Users and Bropanda have the right to terminate this Agreement at any time, without cause. Users may cancel and delete their account using the provided features or by contacting support. After cancellation, Users will lose access to their account and any associated data, which cannot be recovered.
Bropanda reserves the right to refuse services to anyone at any time for any reason. If Bropanda believes a User has violated any part of this Agreement, it may terminate or limit the User's access to the Services, effective immediately upon written or email notice. Users who are terminated or limited are prohibited from creating new accounts under any name or identity.
Even after termination, certain provisions of this Agreement, such as disclaimers of warranties and limitations of liability, will remain in effect. Bropanda reserves the right to take legal action if necessary, including pursuing arbitration as outlined in Section 19 of these T&C.
Bropanda may modify or discontinue any part of the Services at its discretion, without liability. It also reserves the right to prevent individuals from registering if eSIMM ROAM believes they may pose a threat to the safety or integrity of the Services.
LINKS TO THIRD-PARTY WEBSITES
The Services may contain links to third-party websites, which are provided for convenience and informational purposes only. These links do not imply endorsement byBropanda. Bropanda does not control or guarantee the availability, accuracy, or content of these websites, and is not responsible for any products, services, or information found there. Users access third-party websites at their own risk and should review the terms and privacy policies of those websites.
As part of the Services, Users may link their Account with third-party service accounts, such as Facebook or Instagram (each, a "Third-Party Account"), by either: (i) providing their login information for the Third-Party Account through the Services or (ii) allowing Bropanda to access the account under the applicable terms. Users confirm they have the right to share their Third-Party Account login information with Bropandaand to grant access without violating any terms or imposing fees or restrictions onBropanda.
By linking a Third-Party Account, Users understand that Bropanda may access and store content from the Third-Party Account (the "SNS Content"), such as friend lists, and may send or receive additional information to/from that account. The availability of SNS Content on the Services depends on the chosen Third-Party Account and its privacy settings. If the Third-Party Account or service is no longer available, the related SNS Content may be inaccessible on the Services. Users can disable the link between their Account and Third-Party Accounts at any time.
Please note that the Users' relationship with third-party providers is governed solely by their agreements with those providers. Bropanda does not review SNS Content for accuracy, legality, or compliance, and assumes no responsibility for it.
Bropanda disclaims any liability related to the use of third-party websites and reserves the right to remove or limit links to them at its discretion.
INTELLECTUAL PROPERTY RIGHTS
All content provided through the Services, including but not limited to text, graphics, logos, designs, software, and other materials (collectively, "Proprietary Material"), is owned by Bropanda and protected by copyright, trademark, and other intellectual property laws. Users must comply with all guidelines and restrictions on the use of the Services. Violation of these guidelines may result in account termination and loss of access to the Services.
The trademarks, logos, and service marks of Bropanda are its property, and other third-party marks that appear within the Services belong to their respective owners. Users are prohibited from using any marks without appropriate permission.
Users may submit feedback to Bropanda, but such feedback becomes the property of eSIMM ROAM, which may use it freely without obligation to compensate the User. Additionally,Bropanda grants Users a limited, non-exclusive, and revocable license to access and use the Services, which may be terminated at any time. Bropanda reserves the right to terminate this license at any time, with or without cause. All materials within or provided through the Services, including software, images, text, graphics, logos, patents, trademarks, and copyrights (collectively "Bropanda Content") along with all related intellectual property rights, are the sole property of Bropanda or its licensors.
Except as expressly allowed in this Agreement, no license is granted to Users regarding these intellectual property rights, and Users agree not to sell, rent, modify, distribute, display, perform, publish, adapt, or create derivative works from any eSIMM ROAM Content. Any unauthorized use of the content or materials is strictly prohibited.
For the purposes of this Agreement, "Intellectual Property Rights" refers to all proprietary rights, including but not limited to patents, copyrights, trademarks, trade dress, goodwill, and trade secrets, along with any associated applications, renewals, or extensions under applicable laws.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Bropanda respects the intellectual property rights of others and expects Users to do the same. If you believe that any content provided through the Services infringes upon your copyright or other intellectual property rights, please contact Bropanda's Copyright Agent at support@esimmroam.com with the following details:
A description of the copyrighted work you believe has been infringed, including the URL or specific location on the Services where the infringing material can be found, along with a reason why you believe an infringement has occurred;
A description of where the original or authorized copy of the copyrighted work exists, such as a URL or the title of a book;
Your contact information, including address, phone number, and email;
A statement of good faith that the use of the material is not authorized by the copyright owner, their agent, or the law;
A declaration, under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and
Your electronic or physical signature as the copyright owner or their representative.
CONFIDENTIAL INFORMATION
Users acknowledge that Bropanda's Confidential Information is a valuable and unique asset and agree not to disclose, transfer, or use this information for any purpose other than in accordance with the Services. Users may share the Confidential Information with authorized employees or agents, provided they are also bound to maintain its confidentiality. Users must promptly notify Bropanda in writing of any unauthorized disclosure, transfer, or use and make every effort to protect the information from such breaches. Upon termination of this Agreement, all materials containing Confidential Information must be returned to Bropanda.
"Confidential Information" includes Bropanda's trade secrets, proprietary information, and any other data not publicly known that could be valuable to others if disclosed. This includes technical data, research, product plans, inventions, software, business strategies, financial information, and other details about eSIMM ROAM's operations, staff, users, partners, or business that may be shared in any form, such as in writing, verbally, or through observation.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.Bropanda MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY, OR TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USERS' ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF Bropanda'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND Bropanda'S REASONABLE CONTROL.
UNDER NO CIRCUMSTANCES WILL Bropanda AND ITS AFFILIATES OR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY Bropanda, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH USERS' USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USERS IN THEIR ENTIRETY.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT Bropanda AND ITS AFFILIATES OR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY USERS TO Bropanda DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
Users agree to indemnify, defend, and hold harmless Bropanda and its officers, directors, employees, agents, attorneys, insurers, successors, and assigns (the "Indemnified Parties") from and against any and all liabilities incurred in connection with (i) User's use or inability to use the Services, (ii) Users' breach or violation of this Agreement, (iii) Users' violation of any law or the rights of any other user or third party, and (iv) any content submitted by the Users or using the Users' account on the Services, including, but not limited to, instances where such content infringes on third-party intellectual property rights or is otherwise illegal. Users further agrees to indemnify the Indemnified Parties for any liabilities arising from the Users' use of software robots, spiders, crawlers, or similar data-gathering and extraction tools, or any other action that imposes an unreasonable burden on Bropanda's infrastructure. Bropanda reserves the right, at its own discretion, to assume exclusive defense and control of any matter otherwise subject to Users' indemnification, at its own expense. Users will not settle any claim without the prior written consent of Bropanda.
DISPUTE RESOLUTION - ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS USERS' LEGAL RIGHTS AND GOVERNS HOW USERS AND Bropanda CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE USERS AND Bropanda TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
Users agree that, in the event any dispute or claim arises out of or relating to the use of the Services, Users will contact Bropanda at support@esimmroam.com, and both parties will attempt in good faith to negotiate a written resolution directly. If the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), the dispute will be deemed a "Dispute" as defined below.
Binding Arbitration in Singapore: Any dispute arising out of or relating to this Agreement or Users' use of the Services (collectively "Disputes") will be settled by binding arbitration in Singapore, in accordance with the Arbitration Act 2001 of Singapore. Both Users and Bropanda waive the right to a trial by jury or to participate in any class action proceedings. Arbitration shall be administered by the Singapore International Arbitration Centre (SIAC), and the arbitrator will be a retired judge or an attorney licensed to practice law in Singapore.
Both parties retain the right to seek injunctive or equitable relief in a Singaporean court of competent jurisdiction to prevent the infringement of a party's intellectual property rights. Users may bring a claim in a Singaporean Small Claims Tribunal (if eligible), as long as the claim remains in that tribunal and is brought on an individual, non-class basis.
Class Action Waiver: Users and Bropanda agree that any proceedings to resolve Disputes will be conducted solely on an individual basis and not as part of a class, consolidated, or representative action. The arbitrator may not consolidate multiple individuals' claims or preside over any class action.
GOVERNING LAW
This Agreement and the Users' use of the Services will be governed by, and construed in accordance with, the laws of the Republic of Singapore, without regard to conflict of law principles. This governing law clause ensures that any legal issues arising from this Agreement will be interpreted under the Singaporean law, and any legal proceedings will take place in the Singaporean courts.
NO AGENCY OR EMPLOYMENT RELATIONSHIP
This Agreement does not establish any form of agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between the parties.
GENERAL PROVISIONS
The original version of these terms is in English, and any translations provided, if any, are for convenience only. In case of any conflict, discrepancy, or ambiguity between the English version and a translated version, the English version will prevail and be binding. It will also be used in legal proceedings. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions will still apply, and the invalid clause will be enforced to the extent allowed by law or replaced with a similar one that reflects the original intent.
Users may not assign or transfer this Agreement without the prior written consent ofBropanda. However, Bropanda can transfer or assign this Agreement without users' approval, including transfers to a parent company, a buyer of assets, or another successor. Any unauthorized assignment will be void. This Agreement benefitsBropanda and its successors.
CHANGES TO THE AGREEMENT AND SERVICES
Bropanda reserves the right to modify, suspend, or discontinue parts or all of this Agreement or the Services at any time without prior notice. If significant changes occur, Bropanda will attempt to notify users via email, though it is not liable for any failure to do so. If users do not agree with any future modifications, they must stop using the Services. Continued use signifies acceptance of the changes. Bropandamay also limit certain features or restrict access to parts of the Services without notice.
NO THIRD-PARTY RIGHTS
This Agreement does not grant any rights to any third parties who are not part of this Agreement.
NOTICES AND CONSENT TO ELECTRONIC COMMUNICATION
Users agree to receive all communications, notices, and disclosures electronically, either through email or by posting notices on the website. These electronic communications fulfil any legal requirements for written communication. Notices are considered delivered when received through certified mail, electronically confirmed email or facsimile, or a recognized overnight delivery service.
CONTACT INFORMATION
For any inquiries regarding this T&C, please do not hesitate to reach out to our support team at support@esimmroam.com.