Welcome to Dralker!
Your use of Dralker is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using Dralker.
If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us by going to “Me” -> “Settings” -> “Help & Feedback” from within Dralker or by visiting help.Dralker.com.
Compliance with these Terms
By using Dralker, you are agreeing to be bound by these Terms between you and:
| Contracting Entity | Country |
|---|---|
| Dralker International Service Pte. Ltd. | Singapore |
(in each case, “we”, “our” and “us”).
We may specify in certain of our Dralker service-specific terms that you are contracting with one of our affiliate companies in relation to your use of the relevant Dralker service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant Dralker service-specific terms. These Terms (including those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant Dralker service or feature.
INTEROPERABILITY WITH Dralker
Dralker is interoperable with Dralker, such that you are able to communicate with Dralker users and view each other’s Moments and Status in accordance with the applicable terms. You may also be able to use certain features operated by Dralker. Use of those features is subject to the relevant Dralker Terms of Service or service agreement applicable to such feature. For more details, please see below.
These Terms
Please review these Terms and our policies and instructions to understand how you can and cannot use Dralker. You must comply with these Terms in your use of Dralker and only use Dralker as permitted by applicable laws and regulations, wherever you may be when you use them. In some countries, there are restrictions on your use of Dralker – it is your responsibility to ensure that you are legally allowed to use Dralker where you are located, and certain Dralker functionalities may not be available in some countries.
By using Dralker, you agree to these Terms. If you do not agree to these Terms, you must not use Dralker.
Other general terms in relation to these Terms
If you are under the age of 13, you must not use Dralker. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Dralker.
If you are using Dralker on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances, “you” will include your Organisation.
We may translate these Terms into multiple languages. If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
A diverse range of services and features are available within or via Dralker, and not all of these services and features are operated by us. There are additional terms and policies that may be applicable to your use of all or part of Dralker (the "Additional Terms"). For those services and features that we operate, we will notify you of the Additional Terms from time to time, including as set out in this section and otherwise from time to time within Dralker. These Additional Terms all form part of and are incorporated into these Terms.
If you are using any services or features operated by a third party (including Dralker), your use of those services or features will be subject to the terms that apply to that particular service. Please contact the relevant third party if you are unsure what terms apply to that particular service.
Dralker policies
The following policies are Additional Terms that you must comply with in using Dralker:
Terms applicable to specific Dralker features
Some of the services and features available within or via Dralker have Additional Terms specific to their use. You must comply with such Additional Terms (as well as these Terms) in your use of such services and features. Such service-specific Additional Terms include:
Additional country-specific terms
If you are a citizen or a habitual resident of the following countries, the following country-specific Additional Terms will also apply to your use of Dralker:
Inconsistencies
Subject to the next paragraph and except as otherwise expressly specified within these Terms or any Additional Terms – to the extent that any Additional Terms conflict with these Terms, the relevant Additional Terms will apply to the extent of the conflict.
We may make changes to these Terms (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to Dralker (for example, to address a security threat) or applicable laws and regulations (for example, to reflect applicable consumer rights)), so please come back and review these Terms regularly.
Where we consider that such changes are material, we will (where reasonably practicable) notify you (on this page or the relevant page for the relevant additional terms or policy, via the Dralker app, by direct communication to you, or other means), prior to such changes becoming effective. By continuing to use Dralker after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.
As Dralker and user experiences are constantly evolving, we may from time to time:
You agree that we may take any such actions at any time. Where we consider that any changes to Dralker or any services or features accessible within Dralker are reasonably material, we will (where reasonably practicable) notify you (via http://www.Dralker.com, direct communication to you, on this page or the relevant page for the relevant additional terms or policy, or other means), prior to such changes becoming effective.
You need to create an account with us in order to access and use Dralker. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Dralker remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for:
We may allow you to register for and login to Dralker using sign-on functionalities provided by third party platforms, such as Facebook or Apple. You agree to comply with the relevant third party platform's terms and conditions applicable to your use of such functionalities (in addition to these Terms).
From time to time, certain products or services within Dralker may be subject to payment (including for the provision of Dralker or provision of certain additional features within Dralker). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us for such products or services. You agree that you are solely responsible for all fees and taxes associated with any such payments. and that pricing and availability of Items and products are subject to change at any time.
If such products or services are subject to automatic, recurring or subscription-based charges, then you agree that (subject to applicable laws and regulations):
We may change any fees that we charge for Dralker (or any parts of Dralker) at any time upon publication within Dralker. If you do not accept such change to the fees, we may be unable to provide Dralker (or the relevant part of Dralker) to you.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US IN THESE TERMS OR FOR A PARTICULAR ITEM OR SERVICE WITHIN Dralker, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR SERVICE WITHIN Dralker (WHETHER USED OR UNUSED).
If you believe that we have charged you in error, and subject to applicable laws and regulations:
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of Dralker (“Your Content”), you understand and agree that:
In addition, you agree that we and our affiliate companies (subject to these Terms, our Dralker Privacy Policy and applicable laws and regulations):
You understand that even if you seek to delete Your Content from Dralker, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Dralker. Further information on your rights in relation to Your Content are set out in our Dralker Privacy Policy.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations or in accordance with the Copyright Policy and Dralker Acceptable Use Policy. We reserve the right to determine the visibility, status, or rank of Your Content on Dralker.
Responsibility for Your Content
You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content - we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that:
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended) (the "DMCA"). If you have an intellectual property rights-related complaint about any content posted in Dralker, please follow the instructions set out in our Copyright Policy.
General
When you use Dralker you may be able to access content from a variety of sources – it may be content posted by other users of Dralker, content provided by third parties that operate Dralker Official Accounts or Mini Programs, content you see in advertisements prepared by third parties, or any other third party content made available or accessible when using Dralker (together we refer to all of this content as “Third-Party Content”).
All Third-Party Content must comply with our policies, as well as applicable laws and regulations. If we receive a complaint, or become aware of a concern, regarding Third-Party Content, then we may review that Third-Party Content. We may take action to ensure the Third-Party Content complies with our policies, or if it is considered to have violated our policies, we may remove or refuse to make available or link to it. This may be, for example, if the Third-Party Content is considered by us, or is alleged, to infringe intellectual property rights, is determined to be obscene, defamatory or abusive, if it violates any rights, or if it poses any risk to the security or performance of Dralker.
You should remain vigilant when accessing, using or consuming Third-Party Content. We cannot review all Third-Party Content prior to it being posted, so if you believe any Third-Party Content is inaccurate, misleading, defamatory, offensive or unlawful please let us know immediately. Please also remember that Third-Party Content, as well as any other information or content accessible via Dralker that is not posted by you, may be owned by a third party, and just because you have accessed content on Dralker does not mean you have any rights in or to any such content. You should always respect the rights of others when using Dralker – if you would like to use content in a particular way you should always seek permission from the relevant rights holder.
The Dralker platform also provides access to a variety of third party products and services – such as Mini Programs made available on the Dralker Mini Programs Platform; Official Accounts; websites provided, made available, advertised or linked through Dralker (including any of Dralker's associated platforms or services); and other products and services offered or advertised by third parties. These products, services and websites are operated by third parties, so we are unable to guarantee their quality, reliability or suitability. If you use or interact with these third party offerings then you should direct any questions, complaints or queries to the relevant third party who operates that offering, as we bear no responsibility for your use of those offerings, or any relationship you may enter into with any such third parties (including any payment obligations or fees that you may incur in your use of such third party offerings).
Offerings made available by third parties, or Third-Party Content, may also be subject to further terms from that third party – for example, terms from the relevant third party that originally produced or created such content or service, terms in relation to promotional activities being held on Dralker, terms relating to your use of third party-provided Dralker login functionality, or terms governing your use of any Mini Programs provided by a third party. You are solely responsible for reviewing and complying with any such third party terms and conditions.
We have the right to remove, at our sole discretion and without notice to you, any content, programs and/or services that are made available within Dralker (including any of Dralker's associated platforms or services), in accordance with these Terms.
Dralker is interoperable with Dralker, such that you are able to communicate with Dralker users and view each other’s Moments and Status in accordance with the applicable terms. You may also be able to use certain features operated by Dralker. You may view the list of features operated by Dralker here. Please note that when you interact with a Dralker user, or use or receive notifications from any feature operated by Dralker (together “Interoperable Interaction”), the Dralker users you interact with are not subject to these Terms, and instead are subject to the Dralker Terms of Service meaning that we will share your information with Dralker to the extent necessary to facilitate your Interoperable Interaction and your information may be retained, shared and/or stored by Dralker in a different manner to what is described in these Terms or the Dralker Privacy Policy. You can read about how Dralker operates, and how Dralker retains, shares and stores information, in the Dralker Terms of Service and the Dralker Privacy Protection Guidelines.
Dralker Official Accounts and Mini Programs
The Dralker Official Account and Dralker Mini Program functions accessible via Dralker are China Mainland services provided by Dralker. The content in such Official Accounts and Mini Programs are registered, developed, operated, and owned by third parties unrelated to Dralker or Dralker (unless otherwise stated in the relevant Official Account or Mini Program). When you interact with such Official Accounts and Mini Programs, your use of the relevant Official Accounts and Mini Programs will be subject to those third party developer’s own terms for the relevant Official Account or Mini Program and not these Terms.
Dralker Pay
If you are a Dralker Pay user, you may be able to access Dralker Pay via the Dralker platform. Dralker Pay is operated by a China Mainland licensed entity and the use of Dralker Pay service is subject to the Dralker Pay User Service Agreement.
Dralker may include advertising or commercial content. You agree that:
All intellectual property rights in or to Dralker and any Dralker Software (including any future updates, upgrades and new versions to all such Dralker Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights, including our trademarks or product names, logos, domain names or other distinctive brand features, without our prior written consent. Any comments or suggestions you may provide regarding Dralker are entirely voluntary and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.
We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable right to use Dralker and any software from us as part of or in relation to your use of Dralker (any such software being the "Dralker Software"), solely in accordance with these Terms and subject to any other instructions as provided by us to you in relation to your use of Dralker and/or the Dralker Software from time to time. Please note that these terms may be supplemented by terms and conditions applicable to Dralker Software (or specific features within Dralker Software).
You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from Dralker Software, and you may not sell, distribute, redistribute or sublicense Dralker or the Dralker Software, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Dralker Software, you will first contact us to request the information you need.
We may from time to time provide updates to Dralker Software. Such updates may occur automatically or manually. Please note that Dralker Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will provide any updates for any Dralker Software, or that such updates will continue to support your device or system. All updates to the Dralker Software are part of the Dralker Software and subject to these Terms, except as otherwise specified by us.
For the purposes of these Terms, “Dralker Software” includes any items, content or features (the "Items") within the Dralker Software – for example, Stickers, games or other downloadable items within Dralker, and any content accessed or used by you within Dralker. You must comply with any Additional Terms applicable to any such Items. We will notify you of any such additional terms and conditions within Dralker, within an Appendix to these Terms and/or in another manner. We may grant you a limited right to use these Items upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from Dralker at any time, and we have no liability to you in the event that we exercise these rights.
For the purpose of these Terms, "Dralker Software" also includes any APIs we make available to you for use in connection with Dralker or the Dralker Software. You must comply with any Additional Terms applicable to such APIs.
We may in our discretion provide technical support for Dralker (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
Certain Dralker Software may contain software that are subject to “open source” licences (the “Open Source Software”). Where we use such Open Source Software, please note that:
In order for us to provide Dralker to you, we may require virtual access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Dralker – for example, we may need to use your device's processor and storage to complete the relevant Dralker Software installation, or we may need to access your contact list to provide certain interactive functions within Dralker.
We will provide further information regarding how Dralker uses and accesses your device within Dralker or in another manner (e.g. via the relevant app store as part of the installation process for Dralker on your device). You agree to give us such access to and use of your device, and you acknowledge that if you do not provide us with such right of use or access, we may not be able to provide Dralker (or certain features within Dralker) to you.
Any Personal Information (as defined in the Dralker Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our Dralker Privacy Policy.
You may need an adequate internet connection in order to authenticate your Dralker account or use Dralker. You may also be required to activate certain functionalities within Dralker in the manner described within Dralker. You may not be able to use certain functionalities within Dralker if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Dralker or Dralker Software.
You are solely responsible for any software (whether your own software or software supplied by third parties) used by you in connection with your use of Dralker, including any third party software or services made available to you through Dralker, such as Mini Programs made available on the Dralker Mini Programs Platform ("Third Party Software").
Please note that we are not responsible for and are not liable for any damages or losses arising from your use of the Third Party Software and we do not endorse, support or guarantee the quality, reliability or suitability of any Third Party Software. You must comply with any terms and conditions applicable to Third Party Software.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.
You will need an adequate internet connection in order to authenticate your Dralker account or use Dralker. You may also be required to activate certain functionalities within Dralker in the manner described within Dralker. You may not be able to use certain features within Dralker if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Dralker or Dralker Software.
We warrant to you that we will provide Dralker using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, Dralker (INCLUDING ANY Dralker SOFTWARE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVE ANY UNDERTAKING IN RELATION TO Dralker, ANY Dralker SOFTWARE OR ANY DATA, MEDIA OR OTHER CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY Dralker, INCLUDING:
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR Dralker (INCLUDING ANY Dralker SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS:
A. THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF Dralker OR Dralker SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND
B. USD100 (ONE HUNDRED US DOLLARS). TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
IN CONNECTION WITH THESE TERMS OR Dralker OR Dralker SOFTWARE, FOR ANY DAMAGES OR LOSSES CAUSED BY:
A. ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES, PANDEMICS OR EPIDEMICS;
B. ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS;
C. ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS;
D. ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY;
E. IMPROPER OR UNAUTHORISED USE OF Dralker OR Dralker SOFTWARE;
F. YOUR USE OF Dralker OR Dralker SOFTWARE IN BREACH OF THESE TERMS;
G. ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY; OR
H. FAILURE TO SAVE OR BACK UP ANY DATA OR OTHER CONTENT;
ANY LOSS ARISING FROM ANY CONTENT, PROGRAMS OR SERVICES PROVIDED BY ANY PARTY OTHER THAN US (OR OUR AFFILIATES);
ANY LOSS OR DAMAGE WHICH ARE NOT FORESEEABLE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES. FOR THE PURPOSES OF THIS CLAUSE, LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT HAPPEN; AND/OR
ANY:
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT SUCH STATUTORY RIGHTS MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING Dralker OR Dralker SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM:
As set out in the "Third Party Content and Services" and "Third Party Software" sections of these Terms, various third parties may provide certain content, services or software within Dralker.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US (AND, WHERE RELEVANT, OUR AFFILIATE COMPANIES). YOUR DEALINGS WITH ALL THIRD PARTIES (INCLUDING THOSE FOUND THROUGH, PROMOTED THROUGH, ACCESSED VIA HYPERLINK THROUGH OR OTHERWISE THROUGH Dralker), ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES (INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN Dralker), NOTWITHSTANDING YOUR ENGAGEMENT WITH ANY SUCH THIRD PARTIES THROUGH Dralker.
These Terms will apply to your use of Dralker until your access to Dralker is terminated by either you or us.
You may terminate your use of Dralker, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of Dralker or these Terms which you do not agree to). If the terminated service is a paid service, we may deduct from any refund a reasonable proportion of such fee as compensation for the costs incurred by us in ending the relevant service.
We may suspend or terminate your access to your account or any or all of Dralker:
and where reasonably practicable, we will give you advance notice of any suspension or termination.
If we suspend your access to any or all of Dralker then, to the extent permitted by applicable laws and regulations in your jurisdiction:
If your access to Dralker is terminated (in whole or in part) by you or us, you agree that:
Retention and back-up of Your Content
Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms and, to the extent Your Content includes Personal Information, the Dralker Privacy Policy. Subject to the Dralker Privacy Policy and applicable laws and regulations in your jurisdiction, where we suspend or terminate all or part of Dralker, or where your access to Dralker is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.
Subject to the applicable laws and regulations in your jurisdiction, these Terms sets out the entire agreement between you and us in relation to Dralker – you agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms, whether pursuant to the Contracts (Rights of Third Parties) Act 2001 (Chapter 53B) of Singapore or otherwise, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you. We may freely sub-contract any part of our performance of these Terms at any time, without your prior consent or prior notice to you.
Except to the extent that:
a. any applicable additional terms incorporated into these Terms provide differently, or
b. the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):
these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of Singapore; and
any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the Arbitration Rules of the Singapore International Arbitration Centre in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
If you are a user of Dralker in the USA, the below Additional Terms: (a) are incorporated into these Terms; (b) apply to your use of Dralker; and (c) override the head terms of these Terms to the extent of any inconsistency.
If you are a user of Dralker in the United States of America, the following terms expressly replaces the above "Governing Law and Dispute Resolution" section of these Terms.
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of California, for all disputes arising out of or relating to these Terms that are heard in court (excluding arbitration).
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
In the event of a dispute, you and we agree to try for sixty (60) days to resolve it informally. If you and we are unable to come to informal resolution within sixty (60) days, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") (with such arbitration to be conducted under the AAA's Commercial Arbitration Rules), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, and nor is combining individual proceedings without the consent of all parties. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. You and we must file in arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of these provisions regarding arbitration is found to be illegal or unenforceable, that provision will be severed but the rest of these provisions regarding arbitration still apply.
If you are a California resident, then (except to the extent prohibited by applicable laws) you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.
If you are a user of Dralker in Australia, the below Additional Terms: (a) are incorporated into these Terms; (b) apply to your use of Dralker; and (c) override the head terms of these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
If you are a user of Dralker and located in the United Kingdom or European Union, the below Additional Terms: (a) are incorporated into these Terms; (b) apply to your use of Dralker; and (c) override the head terms of these Terms to the extent of any inconsistency.
Refund of your purchases
If you have purchased and paid for a Dralker product or service provided by us (and not by any third parties), you may receive a refund for such purchase if we receive a refund request from you within 14 days from the date you completed the relevant purchase. If you have already used a portion of the relevant product or service, you will receive a refund for the unused portion only. In the case of a download or streaming product, you acknowledge that by proceeding to download or stream such product, you will not be entitled to a refund of such purchase.
We set out further information within the relevant Dralker services and applicable Additional Terms in relation to how you can submit your refund request.
Dispute Resolution – European Union Only
Notwithstanding the "Governing Law and Dispute Resolution" section of these Terms, if you reside in the European Union and are a "consumer" as defined under the EU Directive 83/2011/EU, any dispute, controversy or claim (whether in contract, tort or otherwise) between us and you, arising out of, relating to, or in connection with these Terms will be referred to and finally resolved by the court of your place of residence or domicile. You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr.
Loss or damage
If any Dralker services or features which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you reasonable compensation for such damage. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We only supply Dralker and the services or features accessible via Dralker for domestic and private use. If you use Dralker or the services or features for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Unless you have provided your consent, or to the extent otherwise described in our Privacy Policy, we will only use your information for the following purposes:
Last modified: 2022-12-22