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Terms of Service

These Terms of Service are current as of 17 September 2025

The Platform (as defined below), owned and operated by [Virtualsurf.io Pte. Ltd. (UEN: 202430700Z)] (“Virtualsurf.io”), is provided to you, under the following terms and conditions of service (“Terms of Service”). When you read these Terms of Service, “you”, “your” and “User” mean an end user of the Platform (as defined below) and the words “we”, “our” and “us” refer to Virtualsurf.io and its successors and assigns.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Service and their agreement to take responsibility for: (i) your actions; and (ii) your acceptance and compliance with these Terms of Service. If you do not have consent from your parent(s) or legal guardian(s), you must stop accessing and using the Platform (as defined below) and the Services (as defined below).

By checking the “Accept VirtualSurf Privacy Policy” button, you are indicating your agreement to be bound by all terms and conditions of these Terms of Service. If you do not accept all the terms and conditions of these Terms of Service, do not check the “Accept VirtualSurf Privacy Policy” checkbox and do not proceed to sign up for an account. If you have not been authorised to use the Platform (as defined below) and/or the Services (as defined below), do not check the “Accept VirtualSurf Privacy Policy” checkbox and do not proceed to sign up for an account.

1. DEFINITIONS

In these Terms of Service, unless the context otherwise requires, the following expressions shall have the following meanings:

1.1. “Additional Terms” shall be as defined in Clause 6.1.

1.2, “Application” means the software programme known as VirtualSurf which allows access to the Platform via a mobile device.

1.3. “Communications” shall be as defined in Clause 7.2.

1.4. “Intellectual Property Rights ” means all copyright, patents, utility innovations, trade marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

1.5. “Login Credentials” means the Username, Password, and/or any other unique login, identification or credential issued, prescribed or otherwise approved by us to allow you to access the Platform and/or the Services.

1.6. “Losses ” means all losses, liabilities, settlement sums, costs (including legal costs and costs of other professionals), penalties, fines, charges, expenses, actions, proceedings, claims and demands, whether foreseeable or not

1.7.“Materials ” means, any User Data provided or otherwise made available through the Platform.

1.8. “New Features ” shall be as defined in Clause 6.2.

1.9. “Password ” refers to the password that meets Virtualsurf.io-prescribed criteria, if any, that you use in conjunction with the Username to access the Platform and/or the Services.

1.10. “Platform ” means the online platform (including any web or mobile versions and mobile applications (including the iOS and Android versions thereof)) branded as Virtualsurf.io and any other features, services and functions made available through such platform from time to time, but shall exclude any external website or webpage owned, operated and maintained by any other third party.

1.11. “Personal Data” means “personal data” as defined in the Personal Data Protection Act 2012 of Singapore.

1.12. “Prohibited Material” means any User Data that:

1.12.1. infringes any Intellectual Property Rights or any other proprietary rights of any third party;

1.12.2. contains any malware, computer virus or other invasive or damaging code, program or macro;

1.12.3. is defamatory, libellous or threatening;

1.12.4. is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any laws or legal requirements (including the provisions of the Singapore Broadcasting (Class Licence) Notification);

1.12.5. is or may be construed as offensive and/or otherwise objectionable, in the sole opinion of Virtualsurf.io; and/or

1.12.6. any junk mail, spam, chain letters, or any unsolicited mass distribution of email.

1.13. “Services” means services, information and functions made available by us through the Platform. “Services” do not include the services which are provided by third parties.

1.14. “Trade Marks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.

1.15. “User Data” means any data or information provided by or on behalf of the User through the Platform and/or Services.

1.16. “Username” refers to the unique login identification name or code which identifies you.

2. LICENCE TO USE PLATFORM

2.1. The Application and Platform are proprietary to Virtualsurf.io and must not be used other than strictly in accordance with the terms set out herein. Virtualsurf.io grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Application, for the purpose of accessing and using the Services.

2.2. Virtualsurf.io reserves all rights not granted hereunder.

2.3. For the avoidance of doubt, Virtualsurf.io shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Platform and/or Application, including without limitation any updates, patches, bug-fixes and/or upgrades to the Platform and/or Application or any new versions and/or releases of the Platform and/or Application which incorporate new features or functions.

3. GENERAL CONDITIONS FOR THE USE OF PLATFORM, SERVICES, AND MATERIALS

3.1. You must comply with any and all notices, guidelines and rules, policies and instructions pertaining to the use and access of the Platform, the Services and/or the Materials as issued and/or amended by Virtualsurf.io from time to time. These notices, guidelines and operating rules and policies will generally be notified to you via email, push notification(s) and/or publication on the Platform or such other method of notification as may be designated by Virtualsurf.io, which you acknowledge shall be sufficient notice for the purpose of this clause.

3.2. You must also abide by all applicable laws, statutes, regulations and acceptable use policies of any connected computer networks and any applicable Internet standards in your use and access of the Platform, the Services and the Materials.

3.3. You must not:

3.3.1. impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;

3.3.2. engage in and/or use or utilise the Platform, the Services and/or the Materials, whether directly or indirectly, for illegal or unlawful purposes, or purposes other than those permitted under these Terms of Service;

3.3.3. use, send, distribute or upload, in any way, data, software of User Data that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components that may impair or damage the operation of the Platform or the Services, and/or another’s computer or device;

3.3.4. conduct distributed denial-of-service attacks, harvesting or other similar activities that otherwise generate large amounts of automated requests over the Internet while using the Platform and/or Services which might negatively affect provision of the Services to other users;

3.3.5. attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform and/or the Services; or

3.3.6. post, promote or transmit through the Platform any Prohibited Material.

3.4. Additionally, you shall not under any circumstances:

3.4.1. copy, sell, resell, assign, licence, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce the Platform, Services, the Application and/or the Materials or any part thereof in any form by any means;

3.4.2. adapt, modify, decompile, disassemble, localise, port, reverse engineer, hyperlink, mirror, frame, transfer or transmit in any manner or by any means or store in an information retrieval system or install on any servers, system or equipment, the Platform, the Services, the Application and/or the Materials or any part thereof;

3.4.3. remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or markings placed upon or contained within the Platform, the Services, the Application and/or the Materials; and

3.4.4. prepare or develop derivative works based on the Platform, the Services, the Application and/or the Materials,

without Virtualsurf.io’s prior written permission or that of the relevant Intellectual Property Rights owners. Any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licences granted hereunder. The use restrictions set out herein shall survive the termination of these Terms of Service.

4. CONSIDERATION

4.1. Fees: In consideration of our agreement to provide the Services, you shall pay to us the fees as set out in and in the manner described in virtualsurf.io/pricing.

4.2. Taxes: Subject to Clause 4.3, the fees are exclusive of all or any taxes, duties and charges imposed or levied by the appropriate local or overseas governmental agencies in connection with the Services or otherwise pursuant to this Terms of Service (including any applicable sales, use, value-added, transaction, goods and services or other similar taxes goods and services tax), all of which shall be borne by you.

4.3. No Fees or other any fees, costs or charges due to us shall be reduced or withheld on account of any dispute or question whatsoever between you and us or any other party.

4.4. No Refunds: No part of the fees due to us or any other consideration, charge, deposit or fee paid to us as consideration for the Services shall be refunded for any cause whatsoever.

5. RESERVATION OF RIGHT AND AUTHORISATION

5.1. Virtualsurf.io may (but shall not be obliged to) at any time, at its sole, unfettered and absolute discretion and without giving any reason or prior notice, upgrade, maintain, modify, alter, suspend, discontinue the provision of or remove (including downtime for the maintenance of the Platform), whether in whole or in part, the Platform and/or any Services and, in such event, Virtualsurf.io shall not be liable for any Losses which may be incurred by you or any third party as a result.

5.2. Virtualsurf.io reserves the right, but shall not be obliged to: (i) monitor, screen, censor or otherwise control any activity; (ii) investigate any violation of the terms and conditions contained herein and take any action, or refrain from taking any action, as it deems appropriate in its sole, unfettered and absolute discretion; (iii) prevent or restrict access of any User (including your access) to the Platform, the Services and/or the Materials; and/or (iv) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.

5.3. Without prejudice to any other rights which Virtualsurf.io may have under these Terms of Service, Virtualsurf.io reserves the right to suspend, terminate or disable your access and/or use of the Platform and/or the Services at any time.

6. OTHER APPLICABLE TERMS/NEW FEATURES

6.1. In addition to these Terms of Service, the use of specific aspects of the Platform, the Services and/or the Materials or more comprehensive or updated versions of the Platform, the Services and/or the Materials may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect.

6.2. Virtualsurf.io reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, information, functions and/or features (collectively “New Features”) to the Platform. The term “Services” shall include New Features which are provided through the Platform respectively at no charge or fee unless otherwise indicated.

6.3. All New Features shall be governed by these Terms of Service and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Features are provided, and shall be deemed to have agreed to upon use of such New Features. In the event of any inconsistency between these Terms of Service and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the New Features in question unless otherwise provided.

7. LOGIN CREDENTIALS

7.1. Login Credentials: Login Credentials may either be: (a) determined and issued to you by us; or (b) provided by you and accepted by us in our sole, unfettered and absolute discretion in connection with the use of the Services and/or access to the Platform. We may at any time in our sole, unfettered and absolute discretion forthwith invalidate the Login Credentials without giving any reason or prior notice and shall not be liable or responsible for any loss or damage suffered by or caused by you or arising out of or in connection with or by reason of such invalidation. You hereby agree to change your Password from time to time and to keep the Login Credentials confidential and shall be responsible for the security of the Login Credentials and liable for any disclosure or use (whether such use is authorised or not) of the Login Credentials. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Login Credentials has been compromised or if there has been any unauthorised use of the Login Credentials.

7.2. Any use of or access to the Platform, the Materials and/or the Services and any information, data, instructions, directions, requests, communications or Orders (“Communications”) referable to your Login Credentials (whether such access, use or Communication is authorised by you or not) shall be deemed to be, as the case may be: (i) use or access of the Platform, the Materials and/or the Services by you; or (ii) Communications transmitted and validly issued by you. You shall be bound by any access, use, and/or Communications carried out or transmitted through the Platform, the Materials and/or the Services which are referable to your Login Credentials and you agree that Virtualsurf.io shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you, and Virtualsurf.io shall be under no obligation to assess or verify the reasonableness, completeness, truth, accuracy, authenticity or contents thereof. Virtualsurf.io shall not be responsible or liable for any Losses incurred or suffered by you or any person by reason of or arising from or as a consequence of using your Login Credentials in respect of any Communications effected by you or purported to be effected by you through the Platform or using any of the Services and/or the Materials.

8. DISCLAIMERS

8.1. User Data, content, products and services from various sources such as other Users and any other third party User Data and/or content providers, including websites or webpages owned, operated and maintained by any other third party may be included or provided through the Platform. Such inclusion or provision is not an endorsement by Virtualsurf.io of any User Data, content, products or services from the aforementioned sources. The access and/or use of any such User Data, content, products and services is entirely at your own risk.

8.2. Neither Virtualsurf.io, its related corporations, third party service providers, nor each of their officers, directors, employees, agents, independent contractors, successors or assigns, shall be responsible or liable for any errors, delays or omissions in the Platform, the Services, the Materials or any part thereof, or for any actions taken in reliance thereon.

8.3. For the avoidance of doubt, any hyperlink to any other website or webpage is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.

9. NO WARRANTY

9.1. The Platform, the Services and the Materials are provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, CONDITION, DESCRIPTION, QUALITY, PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE PLATFORM, THE SERVICES, THE MATERIALS OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH THE SERVICE. Without prejudice to the generality of the foregoing, Virtualsurf.io does not warrant: (i) the accuracy, timeliness, adequacy, completeness, currency, reliability, performance or continued availability of the Platform, the Services and/or the Materials; (ii) that your use of and/or access to the Platform, the Services and/or the Materials, or the operation of the Platform, the Services and/or the Materials, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the Platform, the Services and/or the Materials will meet your requirements or are free from any malware, computer virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the Platform, the Services and/or the Materials by you will not infringe rights of third parties.

9.2. You acknowledge and agree that transmissions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. You acknowledge and agree that Virtualsurf.io does not warrant the security of any information transmitted by or to you using the Platform or the Services and you hereby accept the risk that any information transmitted or received using the Platform or the Services may be accessed by unauthorised third parties and/or disclosed by Virtualsurf.io and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority.

9.3. You will not hold Virtualsurf.io, its related corporations, or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any Losses (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.

10. EXCLUSION OF LIABILITY

10.1. Notwithstanding any other provision of this Terms of Service, Virtualsurf.io shall not be liable for any Losses, damages or expenses (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with the following:

10.1.1. any access, use and/or inability to use (including prohibitions, restrictions, interruptions and delays in the use of) the Services and/or the Platform;

10.1.2. any inaccuracies, error or omission, regardless of cause, in the Service;

10.1.3. any loss, damages or expense caused by or attributable in whole or in part to your own act, omission, default or failure to comply with this Terms of Service hereunder (including under Clause 3 of this Terms of Service);

10.1.4. downtime costs or lost revenues, profits, business opportunities, anticipated savings, goodwill or value of any equipment;

10.1.5. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent, program or macros;

10.1.6. any use of or access to any other website or webpage provided through the Platform, the Services and/or the Materials;

10.1.7. any services, products, information, data, software, User Data or other material obtained or downloaded through the Platform, Services and/or the Materials or from any other website or webpage provided through the Platform, the Services and/or the Materials or from any other party referred through the Platform, the Services and/or the Materials, or through the use of the Platform, the Services and/or the Materials;

10.1.8. your use or misuse of the Services and/or the Platform;

10.1.9. any reliance on the Platform, the Services and/or the Materials;

10.1.10. any third party claims for losses or damages;

10.1.11. loss of data arising out of the access to and/or use of the Services by you or purportedly by you; and/or

10.1.12. fees paid or payable under this Terms of Service.

11. LIMITATION OF LIABILITY

11.1. Virtualsurf.io’s maximum liability of for all claims, suits, demands, actions or other legal proceedings under, arising out of or relating to this Terms of Service or relating to or arising in connection with the Platform and/or the Services, whether based on an action or claim in contract, negligence, tort or otherwise, shall be the amount equivalent to the total sums received by us from you in the [twelve months preceding the first event or occurrence giving rise to any damages or liability]. Unpaid fees, claimed by us and which are due under this Terms of Service, will not be considered damages subject to the foregoing liability cap and will not count against or reduce the amounts available under it.

12. INDEMNITY

12.1. You will indemnify, defend and hold harmless, Virtualsurf.io against any liability, loss, damage, including solicitor and client costs and expenses (legal or otherwise) which Virtualsurf.io may sustain or incur, directly or indirectly, out of or in the course of or in connection with any of the following: (i) your use and access of the Services and/or the Platform; (ii) any negligence, fraud and/or misconduct on your part; or (iii) any breach of these Terms of Services by you, however arising.

13. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

13.1. The Intellectual Property Rights in and to the Platform, the Services and the Materials are owned, licensed to or controlled by Virtualsurf.io, its licensors or its service providers and shall remain at all times the sole and exclusive property of Virtualsurf.io (or the relevant third party where applicable). You shall have no right or interest in and to the Platform, the Services and the Materials, whether by way of license or otherwise, save as provided in Clause 2.1. Virtualsurf.io reserves the right to enforce its Intellectual Property Rights to the fullest extent of the law.

13.2. Subject to Clause 13.3, permission will only be granted to you to view, listen to, download, print or use the Materials for informational and non-commercial purposes, provided that:

13.2.1. you do not modify the Materials and that Virtualsurf.io or the relevant Intellectual Property Rights owners retain all copyright and other proprietary notices contained in the Materials;

13.2.2. you do not reuse or retransmit any such Materials (or part thereof) to any other person or entity without the prior written approval of Virtualsurf.io or the relevant Intellectual Property Rights owners; and

13.2.3. comply with all applicable laws.

13.3. Trade Marks: The Trade Marks are registered and unregistered trademarks of Virtualsurf.io or other third parties. Nothing on the Platform and/or the Materials and in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use (including as a meta tag or as a “hot” link to any other website) any Trade Marks displayed on the Platform and/or the Materials, without the written permission of Virtualsurf.io or any other applicable trademark owner.

13.4. User Data:

13.4.1. You warrant and represent that you have the right and authority to submit your User Data and that your User Data or any part thereof does not infringe the Intellectual Property Rights or any other rights of any third party.

13.4.2. You acknowledge that Virtualsurf.io and its related corporations, directors, officers, employees, contractors and agents shall not be subject to any confidentiality obligations in respect of your User Data and/or particulars and you agree that Virtualsurf.io and its related corporations, directors, officers, employees, contractors and agents may, and you hereby authorise each of them to, use and disclose such information to any person (including any third party service provider and/or any person purporting to be you) in connection with the provision of the Services.

13.4.3. You hereby consent and grant to Virtualsurf.io and its service providers a non-exclusive, world-wide, royalty-free, perpetual, irrevocable licence (or sub-licence) and right to host, transmit, distribute or use (which will include the right to copy, reproduce and/or publish) your User Data in accordance with these Terms of Service.

13.4.4. For the avoidance of doubt, Clauses 13.4.2 and 13.4.3 shall survive the termination of these Terms of Service.

14. DATA PRIVACY

14.1. Virtualsurf.io’s data protection policy explains how Virtualsurf.io treats your Personal Data when you access and/or use the Platform and the Services. By accessing and using the Platform and/or the Services, you agree that Virtualsurf.io can collect, use and disclose any Personal Data you provide to Virtualsurf.io in accordance with Virtualsurf.io’s data protection policy (which may be found at [insert link to privacy policy]), as may be updated and/or amended by Virtualsurf.io from time to time, or otherwise for the purposes of providing the Platform and the Services to you, including disclosing such Personal Data to Virtualsurf.io’s third party providers to enable or facilitate the provision of the Services.

14.2. You further consent to Virtualsurf.io and its third party service providers collecting data relating to you (including your Personal Data) for the purposes of helping Virtualsurf.io understand the use(s) of the Platform and the Services and improve and enhance the Services, the Platform and Users’ experience in properties owned by Virtualsurf.io’s related corporations (including for the purposes of research and development, analytics, surveys and/or profiling). Such data may include your device’s IP address and statistics about how you access or use the Services and/or the Platform.

15. TERMINATION

15.1. Virtualsurf.io, in its sole, unfettered and absolute discretion, may with immediate effect upon giving you notice in any of the manners prescribed in Clause 16.1 below, terminate your right to access and/or use the Platform, the Materials and/or Services and/or invalidate your Login Credentials (in relation to your access and use of the Platform) and may disable or restrict access to the Platform, the Materials and/or the Services (or any part thereof) for any reason whatsoever, including without limitation, a breach of any of the terms and conditions of these Terms of Service.

15.2. Upon termination of these Terms of Service for any reason whatsoever, all rights and/or licences granted to you under these Terms of Service shall immediately cease and terminate and you shall forthwith cease the use of the Platform and/or the Services in any way whatsoever.

15.3. Without prejudice to the foregoing, any termination of these Terms of Service shall not affect any of Virtualsurf.io’s rights accrued prior to termination, and any of your obligations under any provisions of these Terms of Service which are meant to survive the termination, nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

16. AMENDMENTS TO TERMS OF SERVICE

16.1. You acknowledge and agree that Virtualsurf.io may impose such further terms and conditions and make such amendments to these Terms of Service as Virtualsurf.io may in its sole, unfettered and absolute discretion deem fit from time to time. Upon any imposition of further terms and conditions and/or amendment in the terms and conditions of these Terms of Service, Virtualsurf.io will notify you via email and/or publication on the Platform or such other method of notification as may be designated by Virtualsurf.io, specifying a date on and as from which such amendment or terms and conditions shall take effect. You agree that any notification of amendments to these Terms of Service or further terms and conditions as aforementioned shall be sufficient notice for the purpose of this Clause 16.1.

16.2.Notwithstanding Clause 17.1, Virtualsurf.io is under no requirement or obligation to notify any person (including you) through any means other than as specified in Clause 16.1 before making any amendment to these Terms of Service or imposing further terms and conditions. It is the responsibility of each User to regularly check the Platform and/or their email to be notified of any updates to these Terms of Service.

16.3. If you do not agree to be bound by such amendments or further terms and conditions, you shall immediately cease all access to and use of the Platform, the Services and the Materials. You further agree that if you continue to use and/or access the Platform, the Services and/or the Materials after being notified of such amendments to these Terms of Service or further terms and conditions, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these Terms of Service and its amendments, and/or such further terms and conditions; and (ii) agreement by you to abide and be bound by these Terms of Service and its amendments, and/or such further terms and conditions.

16.4. Virtualsurf.io reserves its rights to vary, amend or rescind these Terms of Service under Clause 16.1 without the consent of any other person or entity who is not a party to these Terms of Service.

17. NOTICES

17.1. Any notice or other communication in connection with these Terms of Service: (i) may be given personally, by post, facsimile or electronically if sent to the address or facsimile number then most recently notified by the recipient to the sender, or by publication on the Platform if sent by Virtualsurf.io to you; (ii) if given personally, will be deemed to have been received upon delivery; (iii) if given by post, will be deemed to have been received on the second day following posting; (iv) if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; (v) if published on the Platform, will be deemed to have been received by you upon Virtualsurf.io publishing such notice or communication on the Platform; and (vi) (a) if given by Virtualsurf.io to you electronically (other than by publishing on the Platform), will be deemed to have been received upon delivery (and a delivery report received by Virtualsurf.io will be conclusive evidence of delivery even if the communication is not opened by you); and (b) if given to Virtualsurf.io electronically, will be deemed to have been received upon being opened by us.

18. FORCE MAJEURE

18.1. Virtualsurf.io shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations under these Terms of Service (or part thereof) or in the Platform’s and/or the Services’ operation, or for any inaccuracy, unreliability or unsuitability of the Platform, the Services and/or the Materials if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including but not limited to acts of God, natural disasters, epidemics, pandemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carrier or platform operator, and the acts or omissions of a party for whom Virtualsurf.io is not responsible for).

19. GENERAL

19.1. Use and access of the Platform, the Services and the Materials, and these Terms of Service, shall be subject to, governed by and construed in accordance with the laws of the Republic of Singapore and you hereby submit to the exclusive jurisdiction of Singapore courts.

19.2. You may not assign, transfer, novate or otherwise deal with your rights under these Terms of Service, or part thereof, without Virtualsurf.io’s prior written consent. These Terms of Service and all the rights and obligations of Virtualsurf.io under it may be assigned, transferred, novated or otherwise dealt with by Virtualsurf.io to any third party nominated by Virtualsurf.io without your consent or approval and will inure to the benefit of Virtualsurf.io’s successors and assigns. You undertake to do all things and execute all documents necessary to facilitate such assignment, transfer, novation or dealing.

19.3. Virtualsurf.io reserves the right to delegate or sub-contract the performance of any of its functions in connection with the Platform, the Services and/or the Materials and reserves the right to use any service providers, subcontractors and/or agents on such terms as Virtualsurf.io deems appropriate.

19.4. These Terms of Service will bind you and Virtualsurf.io and Virtualsurf.io’s respective successors in title and assigns. These Terms of Service will continue to bind you notwithstanding any change in Virtualsurf.io’s name or constitution or Virtualsurf.io’s merger, consolidation or amalgamation with or into any other entity (in which case these Terms of Service will bind you to Virtualsurf.io’s successor entity).

19.5. If any provision or part thereof of these Terms of Service is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision or part thereof shall be struck and severed from these Terms of Service and the remaining provisions of these Terms of Service shall not be affected thereby.

19.6. No failure to exercise or delay in exercise by Virtualsurf.io of any of Virtualsurf.io’s rights, powers and privileges under these Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or any other right, power or privilege. Such failure or delay shall not affect Virtualsurf.io’s right to enforce its rights under these Terms of Service.

19.7. A person or entity who is not a party to these Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore or or any other analogous laws now existing or in future enacted in any part of the world to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 19.7 shall affect the rights of any permitted assignee or transferee of these Terms of Service.