TERMS OF USE

Last updated: December,2020

1. Introduction; Your Agreement to these Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the Stalar, which is operated and provided by Hypestar Technology Pte. Ltd. (with its affiliates, “Hyperstar”) consisting of the sales of products website available at https://www.stalar.sg, and its network of websites, or any other products or services offered by Hyperstar (“Stalar Services”). Other services offered by Hyperstar may be subject to separate terms. By using Stalar Services or by clicking to accept or agree to the terms of use when this option is made available to you, you accept and agree to be bound and abide by these terms of use and our Privacy Policy, incorporated herein by reference, and any other rules and policies of the Sites that Hyperstar may publish from time to time. If you do not want to agree to these terms of use or the privacy policy, you must not access or use Stalar Services. If you access or use Stalar Services, whether you click to accept or not, you agree to all of the terms in these terms of service. If you do not understand all of these terms of use, you should seek for legal opinions before agreeing to any of the terms of use.

2. Your Ability to Accept Terms of Use

YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE OR NOT SUBJECT TO A STATUTORY LIMITATION OF AGE, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. IF YOU ARE UNDER 18 OR UNDER STATUTORY AGE TO ENTER INTO THE TERMS, YOU MAY ONLY USE STALAR SERVICES UNDER THE SUPERVISION OF OR ACQUIRING PERMISSION FROM A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE. YOUR BEHAVIOUR TO PLACE AN ORDER SHALL BE DEEMED YOU HAVE MEET THE REQUIREMENT ABOVE.

3. What Services We Provide

The Stalar Services serves as an online platform for the sale of goods/services directly between Stalar and the Buyer (“Buyer”) ( “you” or “Users”) (collectively “Parties” ). Stalar Services will post the goods/services on the platform and users can purchase and finish the transaction on the website. Access to a Paid goods/services is conditional upon you confirming your agreement to, and payment of, the relevant charges for such goods/services. For avoidance of doubt, we shall be under no obligation to provide any goods/services to you if you do not pay the charges for the same. Before you submit an order on our platform, you need to carefully confirm all the information of the order including but not limited to name, price, quantities, specifications, delivery address, phone number, and name of the recipient. You shall bear all losses, costs, expenses incurred arising out of any inaccuracy, change or error of the information including but not limited to delay of delivery or failure of delivery. In case of inconsistency between the recipient and you, you shall be responsible for all acts of the recipient. We cannot guarantee the delivery time due to the complexity of international logistics and shall not be responsible for any delay of the same. We accept major credit cards, certain debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. The payment might be processed through our third-party Internet payment service providers. By purchasing any goods/services through Stalar Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ (if any) customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY GOODS/SERVICES. Purchases are payable in advance. We will offer different goods/services for you to choose from. We reserve the right to change goods/services prices at any time, at our sole discretion and without liability to you. THE TRANSACTION CANNOT BE CANCELLED, WITHDRAWN OR CHANGED ONCE GOODS/SERVICES HAS BEEN DELIVERED. You shall bear all the costs if you need to return the goods and the payment shall be refunded after deduction of our postal fees (if any). We reserve the right (but not the obligation), at our sole discretion, to refund the purchased amount if there is a technical error to the purchased goods/service. Any queries for our Services, please contact us at care@stalar.sg.

4. Your Account and Information Security

Upon becoming a registered member, you consent to the inclusion of the contact information about you in our database and authorize Hyperstar and our affiliates to share the contact information with other users or otherwise use your personal information in accordance with the Privacy Policy. If you interact with us or with third-party service providers, and you provide information, including account or payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. If you use Stalar Services over mobile devices, you understand and acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply. Stalar Services may permit you to register for and log on to Stalar Services via certain third party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how we collect, use and disclose your personal information when you link your Stalar account with your account on any third party service can be found in our privacy policy. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account, may cause irreparable harm to Stalar or other users of the sites, thus you agree not to provide any other person with access to Stalar Services or portions of it using your user name, password or other security information. We shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your account without liability. You should notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although Stalar Services will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Stalar Services or others due to such unauthorized use. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms of use.

5. How We Respect Intellectual Property

Stalar respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on Stalar Services infringes upon your copyright, please submit a notice to us.

6. About Trademark and License

We, Stalar and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through Stalar Services, such as trademarks, service marks, names or logos associated with third party vendors, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos. The websites and certain materials available on or through Stalar Services are content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and Stalar Services. Unless otherwise expressly stated in writing by Stalar Services, by agreeing to these terms of use you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the Stalar Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly publishing, performing, rewriting or republishing any Works without prior written consent from us. The above described license is conditioned on your compliance with these terms of use. If you breach any provision of these terms of use, any license you have obtained will be automatically rescinded and terminated.

7. What You Should Not Do on Stalar

You agree that you will only use Stalar Services for the lawful purposes expressly permitted and contemplated by these terms of use, and Hyperster reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) when we reasonably believe you might (i) violate any applicable laws and regulations, (ii) violate these terms of use, (iii) could subject Hyperster or our affiliates to liability, (iv) infringe any third party rights, (v) could harm the interests of other users, third parties or Hyperster or our affiliates, or (vi) are otherwise found inappropriate in Hyperster’s sole discretion. You agree that you will view Stalar Services and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying Stalar Services or eliminating any of the content of Stalar Services. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of Stalar Services or use and/or monitor any information in or related to Stalar Services for any unauthorized purpose.

8. Why the Services Will Be Terminated

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. To the fullest extent permitted by applicable law, Stalar reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of Stalar Services violates these terms of use or applicable laws; (b) you fraudulently use or misuse Stalar Services; or (c) we are unable to continue providing Stalar Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products/services. We will notify you through a notice on Stalar Services, by email, or by any other method of communication of such termination. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. To the fullest extent permitted by applicable laws, you agree to defend, indemnify and hold harmless Stalar Services, its site operator, its parent corporation, its respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Stalar Services; (ii) your violation of any term of these terms of use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or This defense and indemnification obligation will survive these terms of use and your use of Stalar Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation.

9. Disclaimers

You use Stalar Services at your sole risk. We provide Stalar Services "as is" and "as available". To the fullest extent permitted by laws, Stalar Services, its site operator and its respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to Stalar Services and goods/services purchased and obtained through Stalar Services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of Stalar Services. We make no warranty or representation about the accuracy or completeness of Stalar Services’ content or the content of any sites linked to Stalar Services or that Stalar Services will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites or our services; (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Stalar Services or our services by any third party; (v) disputes between you and another user of Stalar Services.

10. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HYPERSTAR’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU SPECIFICALLY ACKNOWLEDGE THAT STALAR SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH STALARSERVICES IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

11. Choice of Law and Disputes Resolution

These terms of use shall be governed by and construed in accordance with the laws of Republic of Singapore, without regard to choice of law principles. Should a dispute arise between the parties in connection with these terms of use, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then the parties agree irrevocably that such dispute shall be submitted to the exclusive jurisdiction of competent court of the Republic of Singapore.

12. Law Enforcement Response

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Stalar Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone on Stalar Services.

13. Modification

Hyperstar may amend any of the terms of these terms of use by posting the terms. We will also update the “Last Updated” date at the top of this policy, which reflects the effective date of such policy. Your continued access to or use of Stalar Services after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using Stalar Services.

14. Miscellaneous

If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by the relevant party. If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms of use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These terms of use and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Hyperstar without restriction. Any assignment attempted to be made in violation of this terms of use shall be void. Upon termination of these terms of use, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The terms of use, our privacy policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to Stalar Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Stalar Services. If we have posted or provided a translation of the Polish language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites. The Stalar Services are provided by Hypestar Technology Pte. Ltd. , 30 Pasir Panjang Road #15-31A, Mapletree Business City, Singapore 117440. If you have any feedback, comments, requests for technical support relating to the Stalar Services, please send to care@stalar.sg.