1. Introduction
1.1. PLEASE READ THESE FLIPSTER AFFILIATE PROGRAM TERMS (“TERMS”) CAREFULLY BEFORE SIGNING UP FOR OR CONTINUING WITH OUR AFFILIATE PROGRAM (“AFFILIATE PROGRAM”). BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, WHICH MAY BE AMENDED FROM TIME TO TIME BY US. PLEASE DO NOT PROCEED TO PARTICIPATE IN THE AFFILIATE PROGRAM IF YOU DO NOT AGREE TO THESE TERMS. IN THESE TERMS, “US”, “WE” OR “FLIPSTER” REFERS TO PREX TECHNOLOGIES (BVI) LTD. IN PARTICULAR, PLEASE REFER TO CLAUSE 4 (AFFILIATE PROGRAM), CLAUSE 5 (RESTRICTIONS AND UNDERTAKINGS) AND CLAUSE 10 (LIABILITY AND INDEMNITY).
1.2. The Flipster Affiliate Program is a global rewards program which, subject to these terms, involves awarding rewards to our registered affiliates for referrals.
1.3. Prior to participating in the Affiliate Program, you must be an existing user of the Flipster Trading Platform (the “Platform”) on the Site and/or through the mobile application. As a user to the Platform, you are bound to the Flipster Terms of Use and Flipster Privacy Policy which may be found at https://flipster.io/policies/terms and https://flipster.io/policies/privacy respectively, and as may be amended from time to time. Please read the Flipster Terms of Use and the Flipster Privacy Policy carefully before signing up for an account on the Platform.
1.4. The terms of the Affiliate Program which are found on the Affiliate Information Page are incorporated by reference into these Terms and govern your participation in the Affiliate Program. In the event of any conflict between these Terms and the contents of the Affiliate Information Page, these Terms shall prevail.
1.5. By proceeding to participate in the Affiliate Program, you hereby acknowledge and represent that your participation in the Affiliate Program is purely on at your own initiative and that you were and are not the subject of any direct marketing or solicitation from us or any of our affiliates, employees, or representatives.
1.6. You further acknowledge and understand that: (i) no material or any other information which may be made available on the Site or the Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with securities or other products; and (ii) the Site and Platform are not intended to provide tax, legal, regulatory, insurance, or investment advice on any matter, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any product or digital assets.
2. Definitions
“Account” refers to an account on the Platform;
“Affiliate Information Page” refers to the page which may be found at http://flipster.io/affiliates.
“Affiliate Program” shall have the meaning as set out in Clause 1.1 of these Terms.
“Applicable Law” means any law, statute, bye-law, regulation, order, regulatory policy, guidance or industry code or practice, rule of court or directives or requirements of any governmental or regulatory authority, or any delegated or subordinated legislation or notice, each as amended and promulgated from time to time, that may be directly or indirectly related to or implicated by the relevant activities or transactions carried out or otherwise arising under these Terms.
“Confidential Information” means all information disclosed (whether in writing, orally or by another means and whether directly or indirectly) by us to you whether before or after the date on which you apply to join the Affiliate Program and accept these Terms. Confidential Information shall include, without limitation, information relating to our products, operations, processes, plans or intentions, product information, know how, design rights, trade secrets, market opportunities and business affairs.
“Derivatives” refers to the digital currency derivative instruments that are available for trading on the Platform.
“Flipster Affiliate” refers to a person who has been approved for entry into the Affiliate Program.
“Flipster IP” shall have the meaning as set out in Clause 7.1 of these Terms.
“IP Rights” means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Our Indemnitees” shall have the meaning as set out in Clause 10.1 of these Terms.
“Platform” shall have the meaning as set out in Clause 1.3 of these Terms.
“Prohibited Jurisdiction” the countries and territories listed on the Site and on the Platform from time to time as restricted or prohibited jurisdictions.
“Site” refers to flipster.io.
“Third-Party Content” shall have the meaning as set out in Clause 7.4 of these Terms.
3. Eligibility and Registration
3.1. By signing up for or participating in our Affiliate Program, you represent and warrant on an ongoing basis that:
(i) you are a natural person, you are at least 18 years of age, and you have sufficient legal capacity under the laws of any jurisdiction to which you may be subject to enter into an agreement with us on these Terms;
(ii) you are not a citizen or resident of any Prohibited Jurisdiction;
(iii) you have an existing account on the Platform of which you are the legal and beneficial owner and controller;
(iv) you are not subject to any sanctions administered or imposed by any national or supranational governmental authority;
(v) you meet all the eligibility requirements contained in the Affiliate Program Page;
(vi) all the information which you provide to us when you sign up for the Affiliate Program is complete, factual, accurate, and updated, and you have disclosed to us all material facts which are relevant to your application for our Affiliate Program;
(vii) if there is any change to the information which you provide to us when you sign up for the Affiliate Program, including any change which might affect your eligibility for the Affiliate Program, you must inform us of such change within one (1) week of such change;
(viii) you have not, in the past, posted or published any materials on any platforms and/or expressed in writing or on audio record any materials which are discriminatory, racist, homophobic, sexist or inflammatory (whether political or religious);
(ix) you have not, in the past, used paid followers, bots, or other forms of technology to artificially inflate your follower numbers or activity on your social media accounts;
(x) you are solely liable for all actions taken using your Account;
(xi) holding or trading digital currencies or Derivatives and accessing and using any of the services on the platform is not unlawful or prohibited under the laws of any jurisdiction to which you are or may be subject, and, if a license or other authorization is required for such activity under the laws of such jurisdiction, you have obtained and are maintaining such license or authorization; and
(xii) you have not previously had an Account on the Platform suspended or terminated, save where such termination was done voluntarily by you.
3.2. We have the sole discretion to accept or reject your application for the Affiliate Program. Only applicants whose registration are approved by us will become Flipster Affiliates under the Affiliate Program.
3.3. We may change our eligibility criteria at any time, including by introducing additional requirements. If we do so, and in cases where you have been identified by our records as an existing participant of the Affiliate Program that is affected by such change in eligibility criteria, we shall use all reasonable efforts to provide Notice to you before such changes take effect. If you no longer meet our eligibility criteria at any time after you are accepted into the Affiliate Program (including because of a change to your personal circumstances or to our eligibility criteria), you must inform us immediately (and in any case, no later than one (1) week following the change) and we may suspend or terminate your participation in the Affiliate Program. This includes the situation where the list of Prohibited Jurisdictions is updated to include your location.
4. Affiliate Program
4.1. As set out above in Clause 1.3, it is a precondition to your participation in the Affiliate Program that you establish an Account on the Platform. Should you become a Flipster Affiliate, your affiliate credentials and/or affiliate link will be linked to your Account for the purposes of tracking, administration, and performance in relation to the Affiliate Program.
4.2. As set out above in Clause 1.4, further details and terms of the Affiliate Program may be found on the Affiliate Information Page. Additionally, after you apply to our Affiliate Program, our team may reach out to you to respond to your application. Any additional terms in relation to your participation in our Affiliate Program shall only be effective upon mutual written agreement as between you and our team. In the event of any conflict between the aforementioned additional terms and these Terms, these Terms shall prevail.
4.3. You understand and acknowledge that the acceptance of any applicant as a user of the Platform is at all times subject to the Platform’s Terms of Use and at the discretion of the Platform. In the event that the Platform declines to create an Account or have any business relationship with any person that you introduce, you undertake to fully accept such outcome and further acknowledge that neither the Platform nor we have any obligation to provide any explanation to you or the applicant.
4.4. You understand and acknowledge that you shall have no right to any data (including but not limited to personal data) of any users that open an Account on the Platform, and neither the Platform nor we have any obligation to provide such information to you.
4.5. This Affiliate Program is a global rewards program which, subject to these terms, involves awarding rewards to our registered affiliates for referrals. It is not in the nature of a service agreement where you are engaged to provide services to us at our direction. In line with the foregoing, you hereby acknowledge and undertake the following:
(i) You are solely responsible for your actions and activities in relation to or in connection with the Affiliate Program;
(ii) You may at your own initiative, conduct or determine the most effective actions, methods, or activities to maximize your rewards under the Affiliate Program, subject to the restrictions set out below in Section 5 and these Terms;
(iii) Unless otherwise expressly agreed upon in writing between you and us, you will be solely responsible for all costs and expenses (including taxes or disbursements if any) that you may incur in connection with any actions or activities that you undertake in relation to or in connection with the Affiliate Program.
4.6. If you receive any enquiries from the media or any other third parties concerning us, the Platform, the Site, or the Flipster Brand, you must immediately inform us or our representatives.
4.7. During the term of your participation in the Affiliate Program, there may be instances where is it appropriate or relevant for you to collaborate or co-operate with us and/or the Platform regarding certain Platform activities, announcements, or campaigns. You may be provided access to information or content prior to public release of such information by the Platform. On such occasions, you shall co-operate in good faith and make all efforts to comply with any guidance issued by us.
4.8. Nothing in these Terms will create or be deemed to create a partnership, a joint venture, an agency, a fiduciary duty, or a contract of employment between the you and us. Except as expressly provided herein, neither Party by virtue of these Terms has the authority to transact any business in the name of the other Party or on its behalf or to incur any liability or obligation for or on behalf of the other Party.
5. Restrictions and undertakings
5.1. You hereby represent, undertake, and warrant on an ongoing basis that:
(i) You will not conduct any affiliate activities (including but not limited to any promotional, marketing, solicitation, or other similar activities) in Prohibited Jurisdictions;
(ii) You shall not share your private affiliate credentials with anyone or permit any other person to use your affiliate credentials unless you have prior written approval to do so from us.
(iii) You will take all reasonable measures to follow security instructions provided by us or by the Platform and otherwise protect the security, prevent tampering, or use by any other person of your affiliate credentials, the Site or Platform.
(iv)You will not engage in any conduct in connection with or use this Affiliate Program, the Site, the Platform, or the Flipster brand, information, or contents in any way which:
a. is unlawful, illegal or unauthorized or advocates, promotes or assists any violence or any unlawful act;
b. will infringe upon any copyright, trademark, trade secret, or other proprietary right of any other person;
c. will infringe upon any relevant law, regulation, rule, standard, guideline, guidance, code, or accepted market practice of any jurisdiction to which your act, you, us, the Platform, or the Site is subject;
d. will infringe upon any personal data rights or preferences of any natural person (including but not limited to acts of sending unsolicited or unauthorized advertisements, spam, or messages to any natural person without their prior consent)
e. will infringe upon any applicable advertising, social media, or third party platform rules, guidelines, or terms;
f. will create or perpetuate any untruths or falsehoods about, or which will misrepresent, us, the Platform, any of its campaigns or products, the Flipster brand, or any of our affiliates;
g. transmits any content which contains software viruses, or other harmful computer code, files or programs to any person;
h. is defamatory of any other person;
i. advertises or promotes any other product or business;
j. is obscene, sexually explicit, offensive, inflammatory, likely to harass or upset any other person, or likely to be discriminatory (including discrimination based on race, sex, religion, nationality, disability, sexual orientation or age);
k. will be likely to disrupt or be detrimental to the Platform or its operations in any way;
l. will be damaging to the reputation or interests of the Platform, the Flipster brand, us, or any of our affiliates; and
m. is otherwise considered offensive or inappropriate, at our sole discretion.
(v) You will not act on behalf of others or collude with other persons (including but not limited to other Flipster Affiliates) to perform any act which is meant to circumvent these Terms, or to gain any undeserved or unfair benefit or advantage in connection with the Affiliate Program;
(vi) You shall not use any robot, “bot”, macro, script, computer program, or other automated system if it will result in any inaccuracy, misrepresentations or falsehoods made to us or our users, or if it will allow you to gain any undeserved or unfair benefit or advantage in connection with the Affiliate Program;
(vii) You shall solely be responsible for all or any reports which you may be required to make to any relevant tax authorities for your taxation purposes;
(viii) You shall only register for one Account on the platform and under one unique application for the Affiliate Program;
(ix) You shall not control or in any way be involved in the creation of multiple Accounts on the Platform which amongst other things, may be for the purpose of obtaining higher rewards or bonuses under the Affiliate Program; and
(x) All referral activities carried out by you will be professional, proper, and lawful under applicable rules or laws.
5.2. In the event that you use an agent, or instruct any other third party to carry out any part of any affiliate activities (including but not limited to any promotional, marketing, solicitation, or other similar activities) or any act in connection with this Affiliate Program, the Site, the Platform, or the Flipster brand, information, or contents, you undertake to remain wholly responsible for their acts or conduct.
5.3. In the event that you are made aware of any criminal, civil, or regulatory action, prosecution, complaint, inquiry, or investigation made against you or any other person in connection with your activities under this Affiliate Program, you must immediately inform us and keep us updated on any material developments.
5.4. We shall have the right at our sole discretion to request for you to remove, edit, modify, delete, or to procure the removal or modification of any information, content, or material that you issue, publish, share, or distribute if it is in breach of any of these Terms, or if we deem it to be improper, inappropriate or misleading in any way. Upon receiving such request from us, you shall make all efforts to comply with such request immediately.
6. Rewards
6.1. We shall pay you rewards or bonuses in accordance with the terms as set out on the Affiliate Information Page, and (where relevant) any additional terms agreed upon between you and us separately in writing.
6.2. All payments made by us to you are exclusive of any taxes, and any taxes (including but not limited to VAT) imposed by any government, statutory, or tax authority are solely your responsibility and shall be borne by you.
6.3. If we find out that you have breached any of your obligations under these Terms, we shall have the right to withhold any rewards or bonuses due to you, and to request for you to return any all or part of the payments which we have previously made to you under the Affiliate Program. If you do not comply with such request, we shall have the right to procure a set-off of the sums due to us from your Account on the Platform, or in lieu of such set-off to procure any such restriction or actions in relation to your Account of the Platform as may be proportional or appropriate for the purposes of recovering such sums owed to us.
7. Intellectual Property
7.1. All IP Rights in or relating to the Site, the Platform, or the Flipster brand (the “Flipster IP”) are the property of Flipster or its affiliated entities. Your participation in the Affiliate Program does not confer upon you any right, title, or ownership interest with respect to the Flipster IP.
7.2. During the term of your participation in the Affiliate Program, you may be granted with a limited, non-exclusive, non-sublicensable, non-transferable, royalty-free license to use Flipster trademarks or other related intellectual property through the Platform or its representatives. You may use such content within the limits of such license solely for the purpose of the Affiliate Program, and in accordance with these Terms.
7.3. Unless you have express permission in writing to do so, you may not re-sell, distribute, copy, share, reverse engineer, modify or create derivative works of any Flipster IP in any way or by any means. You must at all times refrain from any action or omission that may dilute, damage, or interfere with any goodwill and/or IP Rights relating to the Site, the Platform, or the Flipster brand.
7.4. During the term of your participation in the Affiliate Program, you may be provided access to, or may encounter content, information, quote, videos, images, or other materials supplied by third parties (“Third-Party Content”). Neither we nor any of our affiliates or representatives endorses or recommends such content, and we are not responsible for verifying the accuracy, validity, or completeness of any such Third-Party Content, even if you encounter or access such Third-Party Content through the Site, Platform, or related channels. Your use or reliance on such Third-Party Content is at your sole risk. All title, ownership rights and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content provider. Nothing on the Site or Platform will be construed as conferring on you any license of any Third-Party Content Provider’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.
7.5. Should you create any content, information, quote, videos, images, or other materials during the term of your participation in the Affiliate Program in connection with the Affiliate Program, you hereby grant us and our affiliates a perpetual, irrevocable, sublicensable and royalty-free license to share, reproduce, distribute, display, perform, modify, and otherwise use such content, information, quote, videos, images, or other materials for marketing, promotional or internal business purposes without attribution or further compensation to you.
8. Term and Termination
8.1. The term of this agreement between us shall commence from the date which you apply to join the Affiliate Program and shall terminate in accordance with this Section 8.
8.2. We may terminate or suspend the Affiliate Program at any time whether partially or in full. In such an event, we will endeavor to provide reasonable prior notice to you.
8.3. If we suspect or are aware of your violation or breach of any of these Terms, we may:
(i) immediately terminate or suspend your participation in the Affiliate Program;
(ii) procure the termination, suspension or the implementation of other restrictive measures on your Account on the Platform;
(iii) exercise our rights under Clause 6.3 of these Terms; and
(iv) pursue any and all applicable legal and equitable remedies against you.
8.4 You may terminate your participation in the Affiliate Program at any time with one (1) week’s prior notice to us, or with immediate effect in accordance with Clause 13.1.
8.5 Upon termination or suspension of your participation in the Affiliate Program, you must immediately cease conducting all activities relating to the Affiliate Program. Any clauses set out in these Terms which are intended to survive termination (whether expressly or by implication), shall remain in full force and effect, including Clause 7 (Intellectual Property), Clause 9 (Confidentiality) and Clause 10 (Liability and Indemnity).
9. Confidentiality
9.1. You shall keep Confidential Information confidential and you:
(i) shall not use Confidential Information for a purpose other than the performance of your obligations under these Terms or to comply with Applicable Law;
(ii) may not disclose Confidential Information in whole or in part to any third party, except as permitted by Clause 9.2 below; and
(iii) shall use best endeavors to prevent Confidential Information from being disclosed or used by a third party.
9.2. Subject to Clause 9.3, you may disclose Confidential Information:
(i) with our prior explicit written consent; or
(ii) as required by Applicable Law or pursuant to an order made by any competent governmental, regulatory, or law enforcement authority.
9.3. To the extent you are legally permitted to do so, you shall give us as much notice as possible of any disclosure of Confidential Information made or to be made pursuant to Clause 9.2(ii) above and, where notice of disclosure is not prohibited by Applicable Law and is given in accordance with this Clause 9.3, you agree to take into account our reasonable requests in relation to the content of such disclosure.
9.4. Clauses 9.1 and 9.2 do not apply to Confidential Information which:
(i) is publicly known on the date that you apply to join the Affiliate Program and accept these Terms, or at any time thereafter (other than as a result of your breach of this Clause 9); or
(ii) can be shown by you to our satisfaction to have been known by you before our disclosure to you.
9.5. In the event that you become aware of any unauthorized disclosure or use of any Confidential Information contrary to this clause, you shall immediately notify us and provide all assistance and cooperation as we may reasonably require or request to remedy such breach.
10. Liability and Indemnity
10.1. To the fullest extent permitted by law, you agree to indemnify and keep indemnified us, our affiliates and service providers, and each of our or their respective officers, directors, managers, agents, joint-venturers, employees and representatives (the “Our Indemnitees”) on demand against any claims, suits, actions, demands, disputes, allegations, enforcement, or investigations brought by any third-party, governmental authority, regulatory authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses arising out of or related to or in connection with your participation in the Affiliate Program, your use of your Account or the Platform, any content that you create or share, your breach of any of these Terms, or your violation of any duty, obligation, law, rule or regulation, or the rights of any third party (including, without limitation, each loss, liability and cost incurred as a result of defending or settling a claim alleging such a liability).
10.2. Except as expressly and specifically provided in these Terms, you assume sole responsibility for any results or consequences from or in connection with your participation in the Affiliate Program, and for any conclusions drawn from or in connection with such participation.
10.3. To the fullest extent permissible by law, neither we nor any of our affiliates, service providers, agents, nor any of their respective officers, directors, managers, agents, joint-venturers, employees or representatives shall be liable for any damage or loss arising under or related to your participation in the Affiliate Program or any information, instructions, arrangements, orders, agreements, notices or communication between you and us during or before your participation in the Affiliate Program.
10.4. Neither we nor any of our affiliates or agents shall be liable to you for any indirect, special, incidental, or consequential loss of any kind (including, but not limited to, loss of revenue, income, business, profits, anticipated savings, depletion of goodwill, pure economic loss, loss or corruption of data or information, or any like loss) arising under or otherwise in connection with your participation in the Affiliate Program or any information, instructions, arrangements, orders, agreements, notices or communication between you and us during or before your participation in the Affiliate Program, regardless of the cause of action, whether based in contract, tort (including negligence), breach of statutory duty, restitution, or any other legal or equitable basis (even if we have been advised of the possibility of such losses and regardless of whether such losses were foreseeable).
10.5. Our maximum aggregate liability, whether in contract, tort (including negligence), breach of statutory duty, restitution, or any other legal or equitable basis, arising under or otherwise in connection with these Terms shall be limited to the aggregate amount of rewards or bonuses which have been paid to you under the Affiliate Program, unless Applicable Law prohibits us from limiting our liability to this extent, in which case our liability shall be limited to the minimum amount that Applicable Law imposes on us.
10.6. Nothing in these Terms shall limit or exclude liability for any matter in respect of which it would be unlawful to limit or exclude liability under Applicable Law.
11. Personal Data
11.1. In connection with the application process for the Affiliate Program and your participation in the Affiliate Program, we may collect certain personal information about you. Please read our AP Privacy Policy (which may be found at https://support.flipster.io/hc/en-us/articles/9659742577423-Affiliate-Program-Privacy-Policy-20240502) which is incorporated into these Terms by reference, as it describes how we collect, process, use, and share your personal information.
11.2. As a pre-requisite for the Affiliate Program, you are required to have an existing Account on the Platform. Collection, processing, and use of your personal data in relation to the access and use of the Platform and its services are governed by the Flipster Privacy Policy (as mentioned above in Clause 1.3).
12. Non-solicitation
12.1. During the term of this agreement and for a period of two (2) years after any termination of this agreement for any reason, you shall not, directly, or indirectly,
(i) induce or attempt to induce any of our or our affiliated companies’ employees or independent contractors to leave; or
(ii) employ or otherwise engage as an employee, independent contractor or otherwise any of our or our affiliated companies’ employees or independent contractors.
13. General
13.1. We may amend these Terms from time to time at our sole discretion for any reason. If we do, we will provide you Notice of such amendments by posting the updated Terms on the Site and the Platform. Any amended Terms will become effective 24 hours after posting the updated Terms and apply prospectively after such amendments become effective, except that amendments made for legal reasons will be effective immediately. Your continued participation in the Affiliate Program following the effective date of such amendments will constitute your acceptance of the amended Terms. If you do not agree to any amended Terms, you may request for immediate termination of your participation by informing us.
13.2. These Terms are personal to you and you may not assign, novate, declare a trust over the benefit of, or otherwise transfer them to any other person without our prior written consent. Any attempted or actual assignment, novation, or transfer by you in whole or in part, without our prior consent, will be null and void.
13.3. We may, by notice to you, fully novate, or assign or transfer any of our rights or obligations under these Terms to any one of our affiliates, transferees, and successors, including (without limitation) as a result of any corporate restructurings. You also agree that we may at any time transfer the provision of the Affiliate Program or any part thereof, including any or all data, to our affiliates, transferees, and successors.
13.4. If any provision of these Terms is found to be illegal, void, or unenforceable (in whole or in part), then such provision shall be severable from these Terms without affecting the validity or enforceability of any remaining part of that provision, or any other provision of these Terms, which shall remain in full force and effect.
13.5. The failure by us to exercise or enforce, or delay in exercising or enforcing any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
13.6. These Terms constitute the entire agreement between you and us in relation to its subject matter. These Terms replace and extinguish any and all prior agreements, draft agreements, arrangements, warranties, statements, assurances, representations, and undertakings of any nature, whether oral or written, public or private, in relation to that subject matter (including, but not limited to, any prior versions of these Terms).
13.7. You acknowledge that by accepting these Terms, you have not relied on any oral or written statements, warranties, assurances, representations, or undertakings which were or may have been made by or on behalf of us in relation to the subject matter of these Terms at any time before your acceptance of them (“Pre-Contractual Statements”). You hereby waive, to the fullest extent permissible under Applicable Law, any and all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements.
13.8. Except for Our Indemnitees, a person who is not a party to this agreement has no right to enforce any term of this agreement.
14. Governing law and dispute resolution
14.1. This agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English Law.
14.2. In the event of any dispute, claim, controversy, or disagreement arising from or relating to these Terms or the breach thereof, you will contact us through our support channels first. Both parties hereto shall use their best efforts to settle the dispute, claim, controversy, or disagreement through consultation and negotiation with each other in good faith, such negotiation to be strictly confidential and subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding.
14.3. If the dispute cannot be resolved satisfactorily in accordance with the clause directly above, and you wish to exert a legal claim against us, then you agree to set forth the basis of such claim in writing in a notice of claim (“Notice of Claim”) as a form of prior notice to us. The Notice of Claim should set out the basis of the claim, the specific relief sought, and include any relevant Account details relating to the claim. After the Notice of Claim is received by us, you may proceed to submit the claim to arbitration in accordance with Clause 14.4 below.
14.4. Any claims or actions arising out of or in connection with the Affiliate Program and/or these Terms (including any question regarding its existence, validity, or termination) may be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“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 1 arbitrator. The language of the arbitration shall be English.
14.5. Clause 14.4 is for our benefit only. As a result, we shall not be prevented from taking any action or proceedings against you for any claims or actions arising out of or in connection with your participation in the Affiliate Program and/or these Terms in any other courts or forums in any jurisdiction.
14.6. Without prejudice to the foregoing provisions of this Clause 14, you agree that we may commence and maintain any action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction.
14.7. Class Action Waiver: You agree that any claims or actions arising out of or in connection with the Affiliate Program and/or these Terms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) shall be brought against us in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by Applicable Law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without our specific written consent.
15. Contact us
15.1. If you have any questions or complaints relating to these Terms or the Affiliate Program, you can contact us at support@flipster.io or by such other means as may be notified to you by us from time or time.