MENTIDOTE (PTE. LTD.)
TERMS AND CONDITIONS OF USE (the “AGREEMENT”)
(Updated as of 1st July 2020)


Welcome to our website (www.mentidote.com). Before you proceed, please read the following Terms and Conditions of Use (hereby known as the “Agreement”) and be sure that you acknowledge, accept and agree with these terms before you proceed any further:

IN USING THIS PLATFORM, YOU ACKNOWLEDGE AND ACCEPT THAT THE SERVICES PROVIDED VIA THE PLATFORM ARE NOT MEANT FOR MEDICAL AND CRISIS RELATED SITUATIONS AND CIRCUMSTANCES (“EMERGENCIES”), WHICH INCLUDES BUT NOT LIMITED TO CONSIDERATIONS AND/OR ACTS OF SUICIDE, SELF-HARM, HARMING OF OTHERS AND PROPERTY AND/OR ILLEGAL ACTIVITIES. 

UNDER SUCH EMERGENCIES, YOU ARE TO IMMEDIATELY CONTACT THE RELATED PERSONNEL WHO ARE CAPABLE OF HANDLING THE EMERGENCY AND RENDER THE HELP THAT YOU WOULD NEED, SUCH AS 999 FOR THE POLICE IN SINGAPORE, 995 FOR EMERGENCY AMBULANCE, 1800-221-4444 FOR THE SAMARITANS OF SINGAPORE, IN SUICIDE AND SELF-HARM CASES. 

FOR INTERNATIONAL HOTLINES FOR HANDLING MENTAL HEALTH RELATED EMERGENCIES, YOU MAY ALSO LOOK INTO THIS LINK (HTTP://WWW.SUICIDE.ORG/INTERNATIONAL-SUICIDE-HOTLINES.HTML) AND CONTACT THE RELEVANT AUTHORITIES, SERVICES AND AGENCIES FOR HELP.

YOU ALSO AGREE THAT THIS PLATFORM AND ALL SERVICES RENDERED ARE ALSO NOT INTENDED FOR CASE MANAGEMENT AND CRISIS MANAGEMENT INVOLVING EMERGENCIES AS STATED ABOVE AND YOU AGREE THAT THE WE, INCLUDING OUR COACH/THERAPIST WILL NOT BE UNDERTAKING SUCH ACTIVITIES AS PART OF THE PROVISION OF OUR SERVICES.

THE CONTENT, PRODUCTS, GOODS AND SERVICES ETC. (THE “GOODS AND SERVICES”) PROVIDED BY US VIA THIS PLATFORM IS MEANT TO BE SOLELY FOR EDUCATIONAL PURPOSES AND IS NOT MEANT TO REPLACE THE ADVICE AND INTERVENTIONS PROVIDED BY MEDICAL PROFESSIONALS OR OTHER MENTAL HEALTH PROFESSIONALS. IF YOU SUSPECT THAT YOU ARE FACING ANY MENTAL AND/OR OTHER HEALTH RELATED PROBLEMS, YOU ARE TO SEEK PROFESSIONAL HELP AND NOT RELY ON THE SERVICES PROVIDED VIA THIS PLATFORM.

 

1.    The Term and Conditions of Use Agreement


1.1.    The following Terms and Conditions of Use (the “Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Mentidote (Pte. Ltd.) (UEN No. 202013538N) and its affiliates such as Directors, Employees and other affiliates associated with the company (collectively, the “Company” or “we” or “us” or “our”). The Agreement on this page are intended to govern your access and use of our online platform (hereby termed as the “Platform”). The Platform includes this website (www.mentidote.com), and other websites, video conferencing softwares and/or applications (“apps”) whether owned and/or operated by us or by third parties, including, without limitation, the website (www.mentidote.com), other third party websites and applications that we use to provide our services. 

1.2    By using the Platform, you accept these Terms and Conditions of Use (the “Agreement”) in full and are bound by the Terms and Conditions set out in this Agreement. Users who choose to access the Platform do so of their own initiative and are solely responsible for compliance with local laws to the extent that such local (Singapore) laws are applicable. Accordingly, if you disagree with these Terms and Conditions or any part of these terms and conditions, you must not use the Platform.

1.3    We reserve the right to change the Terms and Conditions in this Agreement from time to time without informing you prior to the change. Accordingly, if you do not agree to this clause on the modifications that the Company may make to this Agreement in the future, do not use or access or continue to access the Company services or the Platform.

1.4    The content, products, goods and services etc. (herein known as the “Goods and Services”) provided by us via the Platform are meant to be solely for educational purposes and are not meant to replace the advice and interventions provided by medical professionals or other mental health professionals. If you suspect that you are facing any mental and/or other health related problems, you are to seek professional help and not rely on the Services provided via this platform. 

1.5    Any forms of information, opinions, ideas and insights etc. (Hereby known as “Ideas”) gained, received and/or construed from your use of any of our Goods and Services are done so, based on your own voluntary basis as a Client. We take no responsibility for any of the above aforementioned and the actions that you as the Client take during and thereafter upon using our Goods and Services. You undertake not to hold us liable for and also indemnify us against any loss, personal injuries and/or injuries of others related to you (in all forms, including but not limited to psychological, social, emotional and/or physical), harm or consequence(s) arising out of the same.

1.6    In addition, none of the Content represents, warrants or endorse that any particular medication or treatment is safe, appropriate, or effective for you. The Company does not endorse any specific tests, medications, products or procedures.

1.7    Definition used in our Goods and Services:


1.7.1    Consumers of all our Goods and Services will be termed as “Client”. 
1.7.2    We offer various Services on this Platform as follows, which will be collectively defined as “Services”. The specific services are as follow:


1.7.2.1    “Menti-ED” refers to our online pre-recorded courses (Hereby known as “Menti-ED Courses”) available on a pay-to-view model. 
1.7.2.2    “Menti-CARE refers to our online live Workshops (Hereby known as “Menti-CARE Workshops”) that are conducted in groups with other Clients whom you may or may not know personally. The Workshops are offered via the Platform, for you to sign-up.
1.7.2.3    “Menti-CORP” refers to the live Workshops (either online or offline) (Hereby known as “Menti-CORP Workshops”) that are offered to the staff (hereby known as “Menti-Corp Participants”), of our Corporate Partners (Client) whom we have prior contractual agreement with. 
1.7.2.4    “Menti-SCHOOL” refers to the live Workshops (Hereby known as “Menti-School Workshops”) that we conduct with the students (the “Student Participants”) and/or Staff (hereby known as “Staff Participants”) (Collectively known as “School Participants”) with the public and private schools in Singapore (hereby known as “School Client”) as vendors. 

1.8    There are age restrictions and conditions set to the use of our Goods and Services as a Client. To use the Goods and Services provided by the Platform, you hereby certify that: 

a)    You are of the age of twenty-one (21) years old in order to use the Goods and Services provided by us as a Client, which involves procuring and purchasing the Goods and Services offered on this Platform.
b)    Agree to provide accurate “Contact Details” of yourself. 
c)    In addition to providing your own Contact Details, for the use of our services provided through our “Menti-CARE”, “Menti-CORP” and “Menti-School” Services, You also agree to provide the Contact Details of yourself and that of a next-of-kin (Close family member/relation) for us to act as an information source to be used in case of a mental health crisis or other emergency where your next-of-kin has to be contacted in serving your best interest. In the event of a mental health crisis, under compelling reasons, or that it would serve your best interest, you agree that we have the rights to exercise discretion in contacting your next-of-kin and/or relevant authorities who will be able to ensure that your best interest is being served.
d)    You agree to make payment for the use of our Goods and Services.
e)    You are to use our Goods and Services only if you have legitimate and authorized means of payment such as credit cards, or other payment methods (also known as “Payment Methods”) to procure our Goods and Services. Otherwise, you are not to proceed with the use of our Goods and Services and we are not to be held liable and/or responsible for any illegitimate and/or unauthorized payment made. 
f)    Agree that your ability to access and use our Goods and Services is conditioned upon the truthfulness of the information and that we as the Providers of the Goods and Services that you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Goods and Services. We have the right to refuse provision of Goods and Services to you should such information not be provided or in the event that such information are found to be false. 
g)    The age restriction above does not apply to the sales of Goods via “Menti-Goods” (provided that you have authorized and legitimate way of paying for the Goods), the general browsing of our website and our social media platforms such as our facebook and Instagram account. If in doubt, please feel free to contact us at shalom@mentidote.com for clarification. 

 


2.    Terms of Our Goods and Services

2.1    Specific terms and conditions or documents related specifically to each of our Goods and Services (“Specific Service User Agreement”) may be posted on the Platform or other written forms outside of this Platform, from time to time as part of the Agreement. The name of the respective specific service user agreement will follow the name of the respective Goods and Services that the Client is using (for example, Menti-ED Service User Agreement shall be termed “Menti-ED Service User Agreement” and so on). These Specific Service User Agreements are hereby expressly incorporated into this Agreement by reference. Where there is any term or condition in the Specific Service User Agreement that may be contradict that in this Agreement, the term and condition stated in the respective Specific Service User Agreement for the respective service or whichever term and condition that indemnifies us against any forms of responsibility, liability or harm will overwrite that which is more general.  

2.2    Unless stated otherwise, any change takes effect immediately. Users are responsible for ensuring they are familiar with the latest terms of the Agreement. By continuing to access and use the Platform, users agree to be bound by the changed Terms.

2.3    The Company may change, suspend, discontinue or restrict access to the Platform without notice or liability. 

2.4    The Company may also determine and modify the price of the Goods and Services offered on this platform, offer and withdraw discounts/promotions to the Goods and Services offered on this platform without notice or liability.  

2.5    The content, products and services etc. (the “Services”) provided via the Platform are meant to be solely for educational purposes and is not meant to replace the advice and interventions provided by medical professionals or other mental health professionals.

2.6    If you suspect that you are facing any mental and/or other health related problems, you are to seek professional help and not rely on the Services provided via this platform.

2.7    Educational, graphics, research sources and other incidental information on the Platform, the Content, should not be considered medical advice. Users should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. 

2.8    The Platform is also not intended for case management and crisis management, and users agree that the Platform will not be undertaking such activities as part of provision of Services.

2.9    Any forms of information, opinions, ideas and insights etc. (Hereby known as “Ideas”) gained, received and/or construed from your use of any of our Goods and Services are done so, based on your own voluntary basis as a Client. We take no responsibility for any of the above aforementioned and the actions that you as the Client take during and thereafter upon using our Goods and Services. You undertake not to hold us liable for and also indemnify us against any loss, personal injuries and/or injuries of others related to you (in all forms, including but not limited to psychological, social, emotional and/or physical), harm or consequence(s) arising out of the same.

2.10    You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform and/or Good and Services provided via the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

2.11    The Platform depends on various factors such as software, hardware and tools, that are either our own or those owned and/or operated by external parties. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be reliable and accessible at all times and so we cannot guarantee that access to the Platform and its Goods and Services will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

 


3.    Ownership of intellectual property, copyrights and logos

3.1.    The Goods and Services and all materials therein or transferred thereby, including, without limitation, content, ideas, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights (“Items”) related thereto, are the exclusive property of our Company. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof, of all the Items produced by our Company.

3.2.    In the event that you are required to upload content on our Platform, you recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or have received the appropriate license to upload/transfer/send the content and that content does not infringe on any intellectual and copyright of any other person and/or Third Parties (“Others”). You agree and consent that the uploaded/transferred content may be publicly displayed on our Platform. In the event that you are found to have infringed on any intellectual and copyright of Others, you are to be personally liable and you agree to indemnify us of any such liabilities. 

3.3.    You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties in accordance with this Agreement. 

 


4.    Third Party Content and Hyperlinks

4.1.    Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to us. 

4.2.    Such Third Party content and Hyperlinks are not investigated, monitored or checked for accuracy, appropriateness or completeness by us and we are not responsible for any Third-Party content or hyperlinks accessed through or posted on or available through the Platform, including content, accuracy, offensiveness, opinions, reliability, privacy practices and other policies in the hyperlinks and third party content.

4.3.    We do not endorse the content on any third-party media channels and is not responsible for the content of linked third-party media channels or third-party advertisements, and do not make any representations regarding its content or accuracy. 

4.4.    We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we hold no responsibility and will not be liable for the issues arising out of or related to such websites, their content, products and/or services or for any damages or loss any damage or loss caused by these Third Party Sites.

 


5.    Modifications, Termination, Interruption and Disruptions to the Platform

5.1.    You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and undertake that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

5.2.    The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be reliable and accessible at all times and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

 


6.    Your Representations, Conduct of Use And Commitments to This Platform

6.1.    You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of the Company’s and/or Platform’s systems, services, servers, networks or infrastructure, including but not limited to obtaining unauthorized access to that aforementioned.

6.2.    You agree and commit not to engage with any misuse, unlawful and unauthorized use of Our Company’s and Our affiliates’ (Our Directors, Our Employees, Our Affiliates) name and information, including but not limited to defaming, impersonating, harassing Us (Our Company, Our Directors, Our Employees, Our Affiliates) and unauthorized sharing of Our information on public platform without (Our Company’s, Our Directors’, Our Employees’ and Our Affiliates’) consent etc. You agree not to undertake in any behaviour that causes distress or harm, be it psychological, physical or verbal harm, including and not limiting to, threaten, abuse, harass, vulgar, obscene, racist or invade the privacy of us (Our Company, Our Directors, Our Employees, Our Affiliates) and others, including but not limited to your fellow Participants, our Clients and those around you. You also agree to respect the privacy of all us (Our Company, Our Directors, Our Employees, Our Affiliates) and your fellow Participants and Clients, such as agreeing not to divulge or misuse any personal information about us that you have gained in the course of using our Platform and Goods and Services, or intrude into our personal space (including but not limited to our homes, office and places that we may be at), during and outside the duration and course of your use of our Platform and Goods and Services. If you are found to have engaged activities in the aforementioned, we reserve the right to report you to the authorities for appropriate actions to be taken against you. You also undertake to not hold us responsible and liable and indemnify us should you act upon and commit any of the aforementioned.

 

6.3. In relation to the use of this platform and our Goods and Services, during the course of your use or thereafter, you agree not to undertake in any behaviour that causes distress or harm, be it psychological, physical or verbal harm, including and not limiting to, threaten, abuse, harass, vulgar, obscene, racist or invade the privacy of us (Our Company, Our Directors, Our Employees, Our Affiliates) and others, including but not limited to your fellow Participants, our Clients and those around you. You also agree to respect the privacy of all us (Our Company, Our Directors, Our Employees, Our Affiliates) and your fellow Participants and Clients, such as agreeing not to divulge or misuse any personal information about us that you have gained in the course of using our Platform and Goods and Services, or intrude into our personal space (including but not limited to our homes, office and places that we may be at), during and outside the duration and course of your use of our Platform and Goods and Services. If you are found to have engaged activities in the aforementioned, we reserve the right to report you to the authorities for appropriate actions to be taken against you. You also undertake to not hold us responsible and liable and indemnify us should you act upon and commit any of the aforementioned.

6.4.    We reserve the right to refuse service and future service to you should you be deemed to be involved in any behaviours, including but not limited to those stated in Clause 9 that causes distress or harm to us, to our platform and to others, including but not limited to your fellow participants, our Clients and those around you.

6.5.    You agree and commit not to make any use of the Platform for the posting, sending or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services (including, but not limited to, those related to illegal content, sexual content, alcohol, tobacco, gambling etc.); (b) malicious software or code; (c) unlawful, misleading, fraudulent, harassing, privacy invading, abusive, threatening, vulgar, obscene, discriminatory, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that advertises, promotes, disparages or causes any personal, social or political dissensions, including but not limited to any racial, religion, religious or political opinion or other information; (f) any derogatory or otherwise defamatory content; (g) any content that may cause damage to our User, our Company or its affiliates, or any other third party; or (h) any content which may constitute, cause or encourage an illegal criminal action or violate any applicable law.

6.6.    You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with us (our Company, our directors, our employees, our affiliates).

6.7.    You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed in relation to your access to Platform. You further acknowledge and agree that we will hold you liable and responsible for any damage, personal injury and/or injury of others related to you (in all forms, including but not limited to psychological, social, emotional and/or physical) or loss incurred as a result of the use of our Platform, whether used by you or use by any person whether authorised by you or not, and you undertake to indemnify us for any such damage or loss.

 


7.    Privacy Policy

7.1.    You understand that provision of your personal information as required by this Platform is necessary in order for us to bill you and for us to provide the respective Goods and Services to you. 


7.2.    We understand that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy, which is part of this Agreement. You may refer to the information on our privacy practices here. 


7.3.    By agreeing to this Agreement and/or by using this Platform, you are also agreeing to the terms set out in the Privacy Policy. The Privacy Policy is incorporated and is deemed to be part of this Agreement. 

8.    Limitation of Liability and Warranty

8.1.    You agree that in no event will you hold us (our Company, our Directors, our Employees and our affiliates) liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

8.2.    You agree that we (Our Company, our Directors, Our Employees and our affiliates) shall assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury (in all forms, including but not limited to psychological, social, emotional and/or physical) or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

8.3.    You acknowledge that we (Our Company, our Directors, Our Employees and our affiliates) shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.

8.4.    If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

8.5.    This Clause 8 shall survive the termination or expiration of this Agreement and shall be deemed to survive for as long as necessary to fulfil such purposes.

 


9.    Indemnification

9.1.    You agree to indemnify and hold us (Our Company, Our Directors, Employees and affiliates) harmless from any demands, loss, personal injury and/or injury of others related to you (in all forms, including but not limited to psychological, social, emotional and/or physical), liability, regulatory investigations or enforcement, claims or expenses (including but not limited to attorneys’ fees and expenses), made against us, arising out of but not limited to:


9.1.1.    Your connection, access or use of the Platform or any of the Goods and Services offered on this Platform;
9.1.2.    Your breach of any provisions, terms and conditions set out in this Agreement;
9.1.3.    Your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
9.1.4.    Any actions made with regards to access to this platform and/or Goods and Services on this Platform, whether by you or by someone else.

 

9.2.    You hereby agree to indemnify us from any and all claims, regulatory investigation or enforcement, damages, liability, settlement, losses and attorneys' fees and expenses, as incurred, arising out of any breach of this Agreement, gross negligence or wilful misconduct by you, including any breach, gross negligence or wilful misconduct by you, any parties directly or indirectly related to you, against us (Our Company, Our Directors, Our Employees and Our affiliates).

 

9.3.    This clause 9 (Indemnification) shall survive the termination or expiration of this Agreement and shall be deemed to survive for as long as necessary to fulfil such purposes.

 


10.    Term and Termination 

10.1.    The Agreement shall remain in full force and effect while you use the Platform and our Goods and Services. You may terminate your use or participation at any time, for any reason by ceasing to use the Platform. 

10.2.    Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and the use of this platform to any person for any reason or for no reason at all, including without limitation breach of any representation, warranty or covenant contained in the Agreement or of any applicable law or regulation. 

10.3.    We may terminate your use and participation in the Platform, remove your profile, any content or information you have posted at any time without warning and in our sole discretion. 

10.4.    To protect the integrity of the Platform, we reserve the right at any time, in our sole discretion, to block certain IP addresses from accessing the Platform. 

10.5.    You hereby agree to indemnify us from any and all claims, regulatory investigation or enforcement, damages, liability, settlement, losses and attorneys' fees and expenses, as incurred, arising out of any breach of this Agreement, gross negligence or wilful misconduct by you, including any breach, gross negligence or wilful misconduct by you, any parties directly or indirectly related to you, against us (Our Company, Directors, Employees and affiliates).

10.6.    This Clause 10 shall survive the termination or expiration of this Agreement and shall be deemed to survive for as long as necessary to fulfil such purposes. 

11.    Governing Law and Dispute Regulation


11.1.    By visiting this site, you agree that the laws of the Republic of Singapore without regard to principles of conflict of laws, will govern this Agreement (along with the terms set out) and any dispute of any sort that might arise between us without regard to principles of conflict of laws.

11.2.    If there is to be any disagreement, dispute, controversy or claim (Each known as a "Dispute") between you and the Company arising out of or in connection with this Agreement, we shall first be notified in writing to our Company ("Dispute Notice") via official correspondence or via electronic mail to our Company at shalom@mentidote.com first and foremost for amicable negotiations between the two parties.

11.3.    If the Dispute cannot be resolved within 14 business days of receipt of the Dispute Notice, you agree that the Dispute shall be referred to mediation at the Singapore Mediation Centre (SMC) in accordance with SMC's Mediation Procedure in force for the time being. Either you or the Company may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 30 days thereof. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.

11.4.    If the Dispute is not settled by mediation within 60 days of commencement of the mediation, it shall 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 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.

11.5.    Notwithstanding clause 11.4 above:

11.5.1.    If the Dispute has not been resolved by way of amicable negotiations nor by mediation pursuant to clauses 11.3 and 11.4 above, the Company shall be entitled at any time or, where it receives a Notice of Arbitration from you or your representatives in respect of the Dispute, within 21 days of the date of such receipt, by notice in writing to you or your representatives require that the Dispute be heard by the Singapore courts instead of arbitration.
11.5.2.    You agree that, where the Company gives notice to you or your representatives in accordance with clause 11.5.1. above, you or your representatives shall withdraw any Notice of Arbitration that you have sent to the SIAC immediately.
11.5.3.    You agree that where the Company gives notice to you or your representatives in accordance to clause 11.5.1. above, the Singapore courts shall have exclusive jurisdiction to decide the Dispute.

11.6.    For the avoidance of doubt, clauses 11.2 and 11.3 above are to be complied with before the Dispute is referred to either SIAC arbitration or the Singapore courts for final resolution.

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