Domain Registration Agreement

This Domain Registration Agreement (this “Agreement”) is entered into between Shopmatic and you, and is effective as of the date of your electronic acceptance. This Agreement contains the terms and conditions of your use of the Registration Services - so please read them carefully.

This Agreement incorporates, by reference, (i) the Shopmatic Terms and (ii) the relevant Registry Policies. In the event of a conflict or inconsistency between any two or more provisions of this Agreement, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in Shopmatic’s favour and the provision which is more favourable to Shopmatic shall prevail.

The terms of this Agreement shall continue in full force and effect as long as you have any domain name registered through Shopmatic.

1. Definitions and Interpretation

• 1.1. Unless the context otherwise requires, the definitions and provision in respect of interpretation set out in Schedule 1 (“Definitions and Interpretation”) will apply to this Agreement.
• 1.2. Any term used but not defined in this Agreement but is defined in the Shopmatic Terms shall have the meaning ascribed to that term in the Shopmatic Terms.

2. Provision of Registration Services

2.1. The Registration Services shall include:

• 2.1.1. registering the Requested Domain;
• 2.1.2. processing the Renewal; and
• 2.1.3. managing the information maintained in the Whois in relation to the Requested Domain.

2.2. Without prejudice to our other rights and remedies, we may at our sole discretion suspend the provision of the whole or any part of the Registration Services (temporarily or permanently) and will have no liability to provide the Registration Services on the occurrence of any of the following events:

• 2.2.1. you are in breach of the terms of this Agreement;
• 2.2.2. a Force Majeure event specified in the Shopmatic Terms;
• 2.2.3. upgrade or maintenance of our or the Requested Domain Registry's IT systems, but we will restore the provision of the affected Registration Services as soon as reasonably practicable following the suspension;
• 2.2.4. the issue by any court of competent jurisdiction or other competent authority (including, but without limitation, a person appointed under a Dispute Resolution Policy for the determination of a dispute) of an order which is binding on us which has the effect of suspending the Registration Services; or
• 2.2.5. if you fail to pay any Fees or any other sums owing by you to us when they fall due.

3. Your Obligations

3.1. You shall:

• 3.1.1. comply at all times with any Registry Policies governing the use or registration of the Requested Domain Name. It shall be your responsibility to visit the applicable TLD site and read and review all applicable Registry Policies prior to your registration in the TLD.
• 3.1.2. notify us immediately if you know or have reason to suspect that there has been any unauthorised use of the Registration Services;
• 3.1.3. notify us immediately if you know or have reason to suspect that there is or may be any court proceedings or other proceedings (including any complaint, proceedings or similar under any Dispute Resolution Policy) which involve the Requested Domain;
• 3.1.4. ensure that we have your correct name, postal address, phone, fax and email information and credit and/or debit card details at all times;
• 3.1.5. provide identification, documentary evidence and information that we reasonably require in order to be able to carry out the Registration Services and you agree that we may keep copies of any identification and documentary evidence on our files for the purposes of providing and maintaining the Registration Services;
• 3.1.6. notify us of the authorised representatives whose instructions we may accept on your behalf;
• 3.1.7. not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration;
• 3.1.8. not use the Registration Services for any unlawful purpose or for the publication of, linking to, issue or display of, any unlawful material including any software which is pirated or which breaches any Intellectual Property Rights or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, Trojan horse or other harmful code whether under Singapore law or regulations, the laws or regulations of your country or of any other location where the results of such purpose or the material in question can be accessed;
• 3.1.9. not use or suffer the Registration Services to be allowed to be used in breach of generally accepted standards and codes of practice for the use of the Internet, including but not limited to the sending of unsolicited emails, "mail bombing" or the impersonation of another person whether living or dead, or the publication of, linking to, issue or display of any material that refers to us or any of our products or services without our prior written consent.

3.2. You agree and acknowledge that:

• 3.2.1. you will not rely on the registration of the Requested Domain until you are notified of the confirmation of completion of registration of the Requested Domain;
• 3.2.2. the registration of a domain name does not create any proprietary rights for you, the Registrar, or any person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry shall not be construed as evidence of ownership of the domain name;
• 3.2.3. we are under no obligation to register or continue to process a registration for a Requested Domain;
• 3.2.4. we have made no representations or warranties to you as to the availability of a Requested Domain;
• 3.2.5. the registration of the Requested Domain is subject to any registration requirements of a specific Registry Operator and you will comply with all of the terms and conditions of that Registry;
• 3.2.6. we have the right to pass on any additional charges made by a Registry in order to register, renew or maintain howsoever the Requested Domain;
• 3.2.7. we are not liable for the actions of any Registry which affect the Requested Domain whether before, during or after the domain name registration or renewal process;
• 3.2.8. the Registration Services are provided on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind is given that the Registration Services will be provided on an uninterrupted, timely, secure or error-free basis;
• 3.2.9. we make no warranty that the Registration Services will meet your requirements and we expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement; and
• 3.2.10. in the event of a Chargeback by your credit card company or other credit institution we shall have the immediate right at our sole discretion to take ownership of the Requested Domain and suspend provision of the Registration Services. Where we exercise our right under this sub-clause, the Registration Services will be reinstated, and ownership of the Requested Domain put into your name upon payment by you to us of our fees and a reinstatement fee.
• 3.2.11. in the event where you cancel or unsubscribe from Shopmatic, we shall have the immediate right to take ownership of the Requested/Registered Domain and/or suspend provision of the Registration Services.

4. Warranties

4.1. You represent and warrant to the best of your knowledge that:

• 4.1.1. the information that you provide to us for the registration of the Requested Domain are true, accurate and complete, and that any future changes to this information will be provided to us within seven (7) days of such changes;
• 4.1.2. all passwords or any other identifiers that you use in connection with the Registration Services will at all times be kept confidential, used properly and will not be disclosed to any unauthorised person;
• 4.1.3. any activity carried out in connection with the Registration Services which requires the use of passwords or other identifiers will be carried out by you or your authorised representative;
• 4.1.4. you accept full responsibility for all actions done, charges incurred, and losses suffered by you for all activities carried out in connection with the Registration Services that requires the use of passwords or other identifiers;
• 4.1.5. you have all necessary permissions, licenses and consents to use the Registration Services and register the Requested Domain and you will notify Shopmatic of any material changes to the validity of aforesaid permissions, licenses or consents;
• 4.1.6. by registering the Requested Domain and using the Registration Services you will not infringe any legal rights or Intellectual Property Rights of any other person or entity;
• 4.1.7. you will not use the Registration Services or allow them to be used for the publication, web forwarding, linking to, issue of or display of any material which in our absolute discretion may harm us, our reputation or otherwise bring us into disrepute;
• 4.1.8. you will comply fully with the Registrar’s Dispute Resolution Policy and agree to any decision resulting therefrom; and
• 4.1.9. you will comply with all applicable laws, including, but not limited to those relating to privacy, data collection and consumer protection.

5. Transfer of Domain Names, Resale Practices and Domain Tasting

• 5.1. If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in the Registrar’s Domain Name Transfer Agreement and Change of Registrant Agreement. To further protect your domain name, any domain name registered with Shopmatic or transferred to Shopmatic shall be placed on lock status. The domain name must be placed on unlock status to initiate a transfer of the domain name away to a new Registrar. Upon receiving your written request, we may change the status to unlock for you.
• 5.2. You agree that you will not transfer any domain name registered through Shopmatic to another registrar during the first sixty (60) days after its initial registration date. You agree that you may not transfer any domain name for ten (10) days after a Change of Account.
• 5.3. You agree that you will not engage in "domain tasting" by using the five (5) day grace period in which a registrant may choose to write to us to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. If we determine (which determination shall be made in our sole and absolute discretion) that you have been engaging in "domain tasting", then Shopmatic reserves the right to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether. Shopmatic will not charge you a fee if we cancel your domain name during the five (5) day grace period due to fraud or other activity outside of your control.

6. Cancellation, Suspension or Restriction of Registration Services

6.1. You agree not to use, or to allow or enable others to use the Registration Services for the purposes of:

• 6.1.1. the transmission of unsolicited email (Spam); and
• 6.1.2. repetitive, high volume inquiries into any of the Registration Services provided by the Registrar (i.e. domain name availability, etc.).

6.2. You acknowledge and agree that you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and you acknowledge and agree that the consequences for such activities include suspension of the domain name.

6.3. You agree that, in addition to other provisions in this Agreement:

• 6.3.1. your ability to use any of the Registration Services is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN;
• 6.3.2. your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any of the Registrar’s procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by the Registrar or the Registry Operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name;
• 6.3.3. the Registrar and the relevant Registry Operator reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either the Registrar or the Registry Operator: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by registry or any registrar in connection with a domain name registration, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement, (vii) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates.

7. Right of Refusal

7.1. Shopmatic may, in its sole discretion and without liability to you, refuse to accept the registration of any domain name. Shopmatic also may in its sole discretion and without liability to you, delete the registration of any domain name at any time after registration has taken place.

7.2. Shopmatic may also cancel the registration of a domain name at any time, if that name is being used, as determined by Shopmatic in its sole discretion, in breach of the Shopmatic Terms, in association with spam or morally objectionable activities. Morally objectionable activities include, but are not limited to:

• 7.2.1. activities prohibited by the laws of the Singapore and/or countries in which you conduct business;
• 7.2.2. activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; and
• 7.2.3. activities designed to harm or use unethically minors in any way.

8. Fees and Payment

General Terms

8.1. You agree to pay all prices and fees due for Registration Services purchased or obtained on the Platform at the time you use the Services, and you also agree to retain a copy for your record of the receipt for all such transactions. All prices and fees are non-refundable.

8.2. Shopmatic expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online on the Platform and be effective immediately without further notice to you.

• 8.2.1. If you have made purchases or used the Registration Services during an occasion where promotional prices were being offered, when the Registration Services in question come up for renewal, you will be charged for the Registration Services at the non-promotional prices as described in the Fees and Payments section of Schedule 1.
• 8.2.2. These occasions include, but are not limited to, periods of Shopmatic promotional campaigns during which prices and fees are modified for a limited period of time.

8.3. All fees are exclusive of Taxes and you shall be responsible for payment of all applicable Taxes relating to your use of the Services or to any payments made by you.

8.4. For all other terms and conditions relating to fees, payment, refund and billing, etc. applicable to the Registration Services please refer to the “Fees and Payments” section of Schedule 1.

Domain Name Renewal Terms

8.5. When you register a domain name, you will have two renewal options: (i) "Automatic Renewal" and (ii) "Manual Renewal":

• 8.5.1. Automatic Renewal. Automatic Renewal is the default setting. Therefore, unless you select Extended Automatic Renewal, Shopmatic will enroll you in Automatic Renewal. Shopmatic will automatically renew any domain name that is up for renewal, for a period equivalent to the length of your original domain name registration, will take payment from the Payment Method you have on file with us, at our prevailing current rates. Thus, if you have chosen to register your domain name for one (1) year, Shopmatic will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, Shopmatic will automatically renew it for two (2) years, and so on.
• 8.5.2. Manual Renewal. If you have elected to turn off automatic renewal and cancel the product (i.e., cancel the domain name registration) effective at expiration of the then current term, you may nonetheless elect to manually renew the domain name at any time prior to its expiration date by logging into your User Account and manually implementing the renewal or by calling customer service (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled, and you will no longer have use of that name.

8.6. All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. In the event that we are unable to automatically renew your domain name for the renewal option selected for any reason, we may automatically renew your domain name for a period less than your original registration period to the extent necessary for the transaction to succeed. If for any reason Shopmatic is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.

8.7. For certain ccTLDs (.am, .at, .be, .br, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal billing will occur on the first day of the month prior to the month of expiration. For certain ccTLDs (.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal will occur, or must occur manually if the product was previously cancelled, no later than the 20th of the month prior to the expiration date, or your domain name will be placed in non-renewal status. For some ccTLDs (.es) renewal must be processed no later than seven days before the expiration date, or your domain name will be placed in non-renewal status. When the domain name is in non-renewal status, you can renew the domain name only by calling GoDaddy and requesting that the domain name be renewed. You cannot renew the domain name through your Account Manager. If you fail to manually implement the renewal of any cancelled product before the expiration date, the domain name will be cancelled, and you will no longer have use of that name.

8.8. You agree that Shopmatic will not be responsible for cancelled domain names that you fail to renew in the time frames indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, protected registration, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.

8.9. If you fail to renew your domain name in the time frames indicated in this Agreement, you agree that Shopmatic may, in its sole discretion, renew your expired domain name on your behalf. If Shopmatic decides to renew your expired domain name on your behalf, you will have a Renewal Grace Period during which you may reimburse Shopmatic for the renewal and keep your domain name. The Renewal Grace Period is currently twelve (12) days but subject to change under the terms of this Agreement. For certain ccTLDs (.am, .at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg) there is no Renewal Grace Period after the expiration date of the domain name. If you do not reimburse Shopmatic for the renewal during the Renewal Grace Period, your domain name will be placed on Hold and flagged for deletion after which you will have a 30-day redemption period during which you may pay Shopmatic a Redemption fee and redeem your domain name. The Redemption fee is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the 30-day redemption period Shopmatic may, in its sole discretion, delete your domain name or transfer it to another registrant on your behalf. During the redemption period your domain name may be parked.

8.10. If your domain name is deleted, the Registrar also provides a 30-day Redemption Grace Period during which you may pay Shopmatic a redemption fee and redeem your domain name. The redemption fee is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry's Redemption Grace Period, the Registry will release your name and it will become available for registration on a first-come-first-served basis.

8.11. Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

9. Provision and Use of Information

9.1. You agree to notify Shopmatic within seven (7) days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure to, for whatever reason, (a) provide us with accurate and reliable information on an initial and continual basis, or (b) respond within five (5) Business Days to our enquiries to determine the validity of information that you provide shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name.

9.2. You agree that for each domain name registered by you, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact.

9.3. You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the Registry Operator, for their use, copying, distribution, publication, modification and other processing for (among other uses in accordance with our Privacy Policy) the purpose of administration of the domain name registration, which may require such information be transferred back and forth across international borders, to and from the US to the EU, for example. As required by ICANN, this information must also be made publicly available by means of Whois, and that the Registry Operator may also be required to make this information publicly available by Whois. Both the Registrar and the Registry Operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure.

9.4. You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

• 9.4.1. the domain name; your name and postal address;
• 9.4.2. the name, email address, postal address, voice and fax numbers for technical and administrative contacts;
• 9.4.3. the Internet protocol numbers for the primary and secondary name servers;
• 9.4.4. the corresponding names of the name servers; and the original date of registration and expiration date;
• 9.4.5. names of the primary name server and secondary name server; and
• 9.4.6. identity of the registrar.

9.5. You agree that, to the extent permitted by ICANN, the Registrar may make use of the publicly available information you provided during the registration process.

9.6. You agree that the Registrar has the right to make public and share with third parties certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase.

9.7. For the Registrar to comply with any current or future rules and policies for domain name systems including any rules or policies established by the Registry Operators, you hereby grant to the Registrar the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:

• 9.7.1 the domain or sub-domain name(s) registered by you;
• 9.7.2 your organization name, type and postal address;
• 9.7.3 the name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);
• 9.7.4 the full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list;
• 9.7.5 the corresponding names of those name servers;
• 9.7.6 the original creation date of the registration; and
• 9.7.7 the expiration date of the registration.

9.8. The Registrar may be required to make this information available in bulk form to third parties. The Registrar may also transfer or assign this information to the Registry Operators or such other third party as it may decide, in our sole discretion.

10. Dispute Resolution Policy

• 10.1. You agree to be bound by the Registrar’s current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Registrar’s Uniform Domain Name Dispute Resolution Policy online. You agree that the Registrar may from time to time modify its Dispute Resolution Policy. The Registrar will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. By maintaining your domain name registrations with Shopmatic after the updated policy becomes effective, you agree to the Dispute Resolution policy as amended. You agree to review Dispute Resolution Policy periodically to determine if changes have been made. If you cancel or terminate your use of the Registration Services as a result of the modified Dispute Resolution policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN's Uniform Rapid Suspension System, if applicable.
• 10.2. You agree that if a dispute arises as a result of one (1) or more domain names you have registered using the Registration Services, you will indemnify, defend and hold Shopmatic harmless as provided for in this Agreement. You also agree that if Shopmatic or the Registrar is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using the Registration Services, Shopmatic or the Registrar, in their sole discretion, may take whatever action they deem necessary regarding further modification, assignment of and/or control of the domain name to comply with the actions or requirements of the governmental, administrative or judicial body until the dispute is settled. In such event, you shall hold Shopmatic harmless for any action taken as aforesaid.
• 10.3. You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where registrar is located or (3) where the Registry Operator is located (e.g., China for .CN, Columbia for .CO, UK for .EU, etc.).
• 10.4. In the case of .ca domain names, you agree that, if your use of the service or the registration of a .ca domain name is challenged by a third party, you will be subject to the provisions specified by CIRA in their dispute resolution policy, in effect at the time of the dispute.

11. Limitation of Liability

• 11.1. Shopmatic, its officers, directors, employees and agents shall not be liable to you for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever even if Shopmatic has been advised of the possibility of such damage, arising out of or in connection with this Agreement.

12. Indemnity

12.1. In addition to the indemnity provisions contained in the Shopmatic Terms, you will fully indemnify and keep Shopmatic, our Affiliates, the Registrar fully indemnified against all liabilities, costs, claims, expenses, demands, damages, penalties and losses (including professional costs and expenses) whether directly or indirectly suffered or incurred arising out of or in connection with:

• 12.1.1. your breach of this Agreement;
• 12.1.2. your breach of any warranty given pursuant to this Agreement;
• 12.1.3. your use or misuse of the Registration Services; or
• 12.1.4. the registration, renewal and use of the Requested Domain.

12.2. The obligation contained in this Clause shall survive expiration or termination of this Agreement or the domain name registration.

13. Other Rights and Remedies

• 13.1. The rights and remedies conferred on us by the provisions of this Agreement shall be in addition to any other remedy that is available at law or in equity. Our election of any one or more of such remedies shall not constitute a waiver on our part of the right to pursue any other available remedy.

14. Electronic Acceptance

• 14.1. By clicking “Buy” or “Buy Domain” or taking any other action signifying your assent when prompted in relation to the Services or any transaction on the Platform, you shall be deemed to have read, understand and agreed to the terms and conditions of such services or, and such act of clicking “Buy” or “Buy Domain” or taking any other action signifying your assent shall also constitute an acceptance in accordance with Section 11 of the Electronic Transactions Act (Cap. 88) of Singapore.

15. Amendments to Agreement

• 15.1.1. You acknowledge and agree that we may amend the terms of this Agreement at any time (including modifying the terms of this Agreement to align with the terms of the agreement between the Registry and ICANN and/or the relevant registry to the TLD or ccTLD) by posting the relevant amended and restated Agreement on the Platform and such amendments to the Agreement are effective as of the date of posting. In the event of any conflict between the current version of this Agreement and any previous version(s), the provisions that are current and in effect shall prevail unless it is expressly stated otherwise. Your continued use of the Registration Services after such date constitutes your agreement to, and acceptance of, the amended Agreement. If you do not agree to any changes to the Agreement, you must stop accessing or using the Registration Services.

16. Binding and Conclusive

• 16.1. You acknowledge and agree that any records (including records of any telephone conversations relating to the Registration Services, if any) maintained by us or our service providers relating to or in connection with the Platform and/or Registration Services will be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you.

17. Assignment

• 17.1. You may not assign your rights and obligations under this Agreement without our prior written consent which Shopmatic may refuse in its sole discretion. Any attempt by you to assign your rights and obligations under this Agreement without Shopmatic’s prior explicit and written consent will be null and void. We may assign our rights under this Agreement to any third party.

18. Entire Agreement

• 18.1. This Agreement constitutes the entire agreement between you and Shopmatic with regard to the Registration Services, superseding any prior understandings, communications and agreements between you and Shopmatic (including but not limited to, any prior versions of this Agreement).
• 18.2. You agree that Shopmatic shall not be bound by (i) any representations made by third parties who you may use to purchase services from Shopmatic, or (ii) any statements of a general nature, which may be posted on Shopmatic’s website, the Platform or contained in our promotional materials.

19. Severability

• 19.1. If any provision of the Terms of Service is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Service.

20. Third Parties’ Rights

• 20.1. Subject to Clause 13.2, a person who is not a Party to this Agreement shall not have or acquire any right to enforce any term of this Agreement (including, but not limited to, any right to enforce or have the benefit of any exclusion or limitation of liability contained in this Agreement) under the Contract (Right of Third Parties) Act (Chapter 53B) of Singapore. This Clause shall override any other Clause in this Agreement that is or may be inconsistent with it.
• 20.2. The Registrar and the Registry Operator for any TLD in which you register a domain name is and shall be deemed a party to this Agreement, and you acknowledge and agree that the rights conferred on the Registrar and the Registry Operator in this Agreement have vested. The rights of the Registrar and Registry Operator shall survive any termination of this Agreement.

21. Governing Law

• 21.1. The validity, construction and performance of this Agreement and the use of the Registration Services shall be governed by and interpreted in accordance with the laws of Singapore and you hereby submit to the exclusive jurisdiction of the Singapore courts. The United National Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

Schedule 1

Definitions and Interpretation

1. The following terms shall have the respective meanings indicated:

• “Affiliate” means a company that is a direct or indirect subsidiary of Shopmatic or otherwise related to Shopmatic through common ownership or control;
• “Business Day” means a day (other than a Saturday or Sunday) on which commercial banks in Singapore are open for business;
• “ccTLD” means country code top-level domain;
• "Chargeback" means a situation where we have initially received payment from you, but that payment has been subsequently rejected by you or your credit or debit card issuer and the payment sums are returned to you;
• “CIRA” means the Canadian Internet Registration Authority;
• “GoDaddy” refers to GoDaddy.com, LLC, a Delaware limited liability company, which is an ICANN-registered registrar;
• “GoDaddy Terms” refers to the terms of the GoDaddy Domain Name Registration Agreement found at https://sg.godaddy.com/agreements/showdoc?pageid=UTOS&app_hdr=0;
• “ICANN” means the Internet Corporation for Assigned Names and Numbers;
• “Platform” means (a) both the web and mobile versions of the websites operated and/or owned by Shopmatic which include the following URLs: www.goshopmatic.com, www.goshopmatic.com/sg, www.goshopmatic.com/in and www.goshopmatic.com/hk, www.goshopmatic.com/in/mobile and (b) the mobile applications made available from time to time by Shopmatic, including the iOS and Android versions;
• “Registrar” means GoDaddy;
• “Registration Services” means the domain name registration services offered by Shopmatic on the Platform;
• “Registry Operator” means the registry applicable to a TLD or ccTLD, and “Registry Operators” shall have the corresponding meaning;
• “Registry Policies” includes the agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the TLD in which you register any domain;
• "Renewal" means the renewal of the Requested Domain in your name with the Registry for the period specified;
• "Requested Domain" means the Domain Name you ask us to register;
• “RFC” means a Request for Comments, a type of publication from the Internet Engineering Task Force (IETF) and the Internet Society (ISOC), the principal technical development and standards-setting bodies for the Internet;
• “Shopmatic”, “we”, “our” and “us” means Shopmatic Pte. Ltd., a Singapore company with its registered address at 60 Robinson Road, SBF Centre, #19-04, Singapore 068914 and its Affiliates;
• “Taxes” means all applicable taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by tax authorities;
• “TLD” means top-level domain;
• "Whois" means a domain name search tool for an Internet top level domain name registry database;
• "You" or "Your" means the person who is entering into this Contract with Us and who the Requested Domain will registered for.

2. In this Agreement:

• 2.1. clause headings are inserted for convenience of reference only and shall not affect the interpretation of this Agreement;
• 2.2. the Schedule(s) to this Agreement are an integral part of this Agreement, and references to this Agreement shall include references to the Schedule(s);
• 2.3. whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”;
• 2.4. words importing the plural shall, except where the context otherwise requires, include the singular and vice versa;
• 2.5. references to the masculine gender shall include the feminine or neuter genders and vice versa;
• 2.6. unless expressly indicated otherwise, all references to a number of days mean calendar days and the words “months” or “monthly” as well as all references to a number of months means calendar months;
• 2.7. a reference to writing or written includes email; and
• 2.8. references to persons shall be construed as references to an individual, firm, company, body corporate, statutory board, government body, incorporated body of persons, association or trust as the context may require, and their respective successors-in-title and permitted assigns.

Fees and Payments