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Terms and Conditions

Effective date: September 30, 2020

Nuguru Wellness Solutions Pte. Ltd. (“Nuguru”, “we” or “us” as the context may require) operates an online curated marketplace and platform (the “Platform”) via www.nuguru.com (the “Website”) and a mobile app (“Mobile App”) offering courses, programs and content ("Content Offerings") and products in the wellness category by Nuguru and its network of wellness experts (collectively, the “Services”). 

By accessing and/or using any part of the Platform, this Website and the Mobile App and/or using any of the Services, you shall be deemed to have read, understood and accepted, and shall thereby be legally bound by, the terms and conditions set out below (these “Terms”). 

  1. SERVICES AND CONTENT OFFERINGS  
    1. Nuguru’s Services comprise the provision of the Platform, Website and Mobile App on which the Content Offerings are hosted, and the provision of the Content Offerings, which include (but are not limited to):
      1. scheduled, expert-led courses conducted on a ‘synchronous’ basis;
      2. flexible, self-led courses that can be accessed at any time at convenience; 
      3. ongoing subscription services which may include any combination of the above-mentioned services in addition to exclusive ‘paid subscribers-only’ benefits (“Nuguru Subscription Service”); and 
      4. any other Content Offerings which Nuguru may introduce at any time and from time to time. 
    2. While we seek to provide premium Content Offerings from our wellness experts, unexpected events do occur, and Nuguru reserves the right to cancel, interrupt, reschedule, update or modify any Content Offerings at any time. 
    3. There may be category-specific or program-specific terms and conditions (such as participation limits and minimum age requirements) applicable to different Services. Such specific terms and conditions are set out on our Platform and/or the relevant program brochure/webpage, and are incorporated herein by reference.
  2. PAYMENT TERMS
    1. General Payment Terms.  Access to and use of the Services are subject to certain fees which are more particularly set out in our Platform. You will be notified of the relevant fees for each Service and the following payment terms shall apply: 
      1. all fees are inclusive of any applicable goods and services tax or value added tax;
      2. you will be required to provide your credit card, debit card or other payment card (“Payment Card”) details and other information at the time of payment. By providing any Payment Card details to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such Payment Card. You further acknowledge and agree that we may use, store and disclose your Payment Card details in accordance with our Privacy Policy;
      3. you are responsible for notifying us of any changes to your Payment Card details and to update your information if your Payment Card has expired. We may suspend, terminate and/or otherwise interrupt your access to the Services or any portion thereof if you fail to so notify us;
      4. where applicable, you are responsible and liable for any costs and expenses, including attorney and collection fees, that Nuguru may incur in its efforts to collect any outstanding payments due from you. This paragraph will in no way limit any other remedies available to Nuguru; and
      5. you are required to notify us of any billing problems or discrepancies within thirty (30) days after they first appear on your Payment Card statement by sending a written notice to payments@nuguru.com. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies;
    2. One-Time Fees.  Some fees are specified as one-time payments. In such case, the fees will be notified to you and charged to your Payment Card at the point of your registration for the relevant Content Offering. 
    3. Subscription Fees.  In respect of any Nuguru Subscription Service, the following additional payment terms shall apply: 
      1. the prevailing monthly/annual subscription fees (“Subscription Fees”) are available on our Platform; 
      2. where applicable, if you purchase a subscription with a free trial period, you authorize us to charge your Payment Card automatically when the free trial period ends, unless you cancel your subscription before the free trial period ends. We will not notify you of the expiry of your free trial period; 
      3. By subscribing to the Nuguru Subscription Service, you acknowledge and agree that your subscription will automatically renew regularly, and unless and until you or Nuguru cancels your subscription, you authorize us to charge your Payment Card for your continued subscription for the then-applicable Subscription Fees. The Subscription Fees are charged upfront and will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. If Nuguru is for any reason unable to effect automatic payment via your Payment Card, we will attempt to notify you via email and your subscription (and any corresponding access to the Nuguru Subscription Service) shall be suspended until payment is received. 
      4. Nuguru reserves the right to change or modify the payment terms of the Nuguru Subscription Service such as Subscription Fees, frequency, or date of charge. In such event, we will take commercially reasonable efforts to provide you with reasonable notice of such change. 
      5. You may cancel your subscription at any time by clicking the "Unsubscribe" button available on our Platform. Please note that your subscription to the Nuguru Subscription Service will automatically terminate in such event, and you will no longer have access to any of the content available via the Nuguru Subscription Service. If you cancel your subscription prior to the expiration of your pre-paid subscription period, you will forfeit the subscription fees paid for any unused portion of your subscription, which are non-refundable. 
  3. REFUND AND CANCELLATION POLICY
    1. All requests for cancellations and/or refunds will be assessed on a case-by-case basis and any decision relating to refunds shall be at the sole discretion of the Company. If you wish to request a cancellation and/or refund, please contact us at questions@nuguru.com and provide us with sufficient details of your request, including the relevant Service which you are requesting a cancellation/refund for and your reason for such request.  
  4. YOUR ACCOUNT  
    1. You may be required to create an account on our Platform to participate in the Services. By completing the registration procedures displayed on the registration page(s) of our Platform, you acknowledge and agree that you are representing to us that you are providing, and you will maintain, accurate, current and complete information for your account, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide. 
    2. By providing us with your personal data in the course of registering your account with Nuguru, you acknowledge and agree that Nuguru may use, store, process and/or disclose your personal data in accordance with our Privacy Policy (see Clause 9 below).
    3. We have adopted and implemented a policy that provides for the suspension or termination, with or without notice, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct. If your account is terminated for cause, you are not entitled to any refund for any amounts paid to Nuguru for any Services. 
    4. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services. You agree not to use the account, username or password of any other account holder at any time. Nuguru will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge and/or your failure to comply with this clause.
    5. You acknowledge and agree that Nuguru may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Nuguru, the other users of the Platform and Services, and the public. However, under no other circumstances will Nuguru intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy.
    6. You may terminate your account at any time and for any reason, by notifying us by email at myaccount@nuguru.com, but any such termination will be effective only after Nuguru has processed the request.
  5. DISPUTES
    1. Nuguru is committed to providing outstanding customer experience and maintaining a good relationship with its customers. If you have any queries or issues relating to the Services or any feedback, please contact us at questions@nuguru.com, and we endeavour to be in touch with you within ten (10) business days. 
  6. COMPLIANCE WITH HOUSE RULES, POLICIES AND LAWS
    1. You must only use the Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Services.
    2. You will be required to comply with any house rules or policies as Nuguru may impose from time to time by written notification to you. You also have the duty to ensure that your conduct and behaviour through the use of our Platform and/or Services comply with all applicable laws and regulations. 
    3. If you fail to comply with any provisions of these Terms, Nuguru reserves the right, without prejudice to its other rights, suspend or terminate the provision of any Service to you without liability to you.   
  7. CONFIDENTIALITY
    1. Nuguru shall at all times keep confidential and not disclose to any third party confidential information except as permitted by this Clause 7 and for the purposes of performing our obligations under these Terms, and agrees to protect the confidential information with security measures and a degree of care that would apply to our own confidential information. 
    2. Notwithstanding Clause 7.1 above, Nuguru may disclose confidential information:
      1. to its affiliates and third-party payment providers;
      2. to its officers, directors, employees, auditors, advisors, subcontractors, wellness experts and other persons providing services to it where (provided that such person is under a duty of confidentiality in relation to the confidential information, professional, contractual or otherwise) to the extent necessary for Nuguru to perform its obligations under these Terms; 
      3. where requested or required by law, regulation and/or any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body; and
      4. to any other person where necessary for the performance of its obligations under these Terms with your consent. 
    3. Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 7 shall survive the termination or expiration of these Terms for a period of two (2) years thereafter.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. You expressly acknowledge and agree that your access to and use of the Services is subject to the intellectual property provisions set out in this Clause 8.
    2. The Platform, Website, Mobile App and all materials, including but not limited to photographs, illustrations, videos, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programmes, products and/or services offered by any part of Nuguru, its affiliates and our wellness experts (the “Content”) are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”) owned, licenced to or controlled by Nuguru, its affiliates or (where applicable) our wellness experts.
    3. For any Services which enable you to use any software, Content, or other materials owned or licensed by us only after you become validly authorised by us, we grant you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Services, and any related software, Content, or other materials for the specified duration and FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
    4. Except as otherwise expressly provided and agreed to in writing by Nuguru, you are strictly prohibited from using, uploading, downloading, recording, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Content or any part thereof.
    5. You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Services; (iv) access or use any Services in an unlawful or unauthorised manner or in a manner that suggests an association with our Content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Services or any part thereof, except as expressly authorised in these Terms or as part of the Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Services or connected network, or interfere with any person or entity’s use or enjoyment of any Services; (vii) access, monitor, or copy any element of the Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Services, unless you have an executed agreement with us that expressly allows for such activity.
    6. Nuguru, its affiliates and (where applicable) our wellness experts retain all rights, title and interest in all Intellectual Property in the Content and all concepts, systems, whether written or graphic and all other materials produced by or on behalf of Nuguru, including those on the Platform, Website and Mobile App.
  9. PERSONAL DATA 
    1. You hereby acknowledge and agree that personal data relating to you (including without limitation any personal data which you provide to us at the time of registering your account on our Platform and any Payment Card details) may to the extent that it is reasonably necessary in connection with the Services be collected, processed and used by Nuguru and its affiliates and be disclosed in accordance with our privacy policy (“Privacy Policy”). 
    2. You can access our Privacy Policy here and you hereby represent that you have read, understood and agreed to our Privacy Policy, which may be amended from time to time.
    3. You acknowledge that some of the Programs allow you to communicate with our wellness experts and other participants of the same Program in a group setting, whether via text messaging apps, video conferencing software or any other means. In this respect:
      1. you may have access to the personal data of other Nuguru customers, and you expressly acknowledge and undertake that you shall not use others’ personal data in any manner whatsoever without that individual’s express consent;
      2. by providing your personal data in such group communications, you acknowledge that other Nuguru customers may have access to your personal data and that Nuguru does not have control over how individual customers may use your personal data. We encourage you to exercise reasonable caution when disclosing any personal data in group communications. Rest assured that Nuguru is committed to protecting your privacy, and if any Nuguru customer is found to have used others’ personal data in any manner without the necessary permission, Nuguru reserves the right to take appropriate action against such Nuguru customer. 
  10. DISCLAIMERS 
    1. You acknowledge and agree that the Platform, Website, Mobile App and the Services are offered without warranties of any kind whatsoever by Nuguru, our wellness experts and/or the providers of any content on the Platform and/or via the Services. The disclaimer of warranties includes, but is not limited to, the following: 
      1. although Nuguru provides its Services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided, and obtain appropriate authorisation before accessing or using any Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special physical and/or medical conditions. ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the Services should not be relied upon when making medical or other important healthcare decisions. NUGURU DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED IN ANY PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND NUGURU OR YOU AND ANY PERSON PROVIDING SERVICES THROUGH NUGURU. Any individual results using the Services may vary; 
      2. while we use all reasonable efforts to include accurate and up-to-date information on the Platform, Website and/or Mobile App, Nuguru does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Content including in particular the use of any representations and images. Nuguru assumes no liability or responsibility for any errors, omissions or completeness of the information provided in the content of the Platform, Website and/or Mobile App. Information provided is subject to change at any time without prior notice;
      3. the Platform, Website and/or Mobile App are provided on an “as is” basis without warranties of any kind and Nuguru does not warrant that the functions provided in the Platform, Website and/or Mobile App will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
      4. while Nuguru shall use our best endeavours to prevent any unauthorised entry to the Platform, Website and/or Mobile App, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to the Platform, Website and/or Mobile App; 
      5. any material which you download or otherwise obtain through the use of the Platform, Website and/or Mobile App (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material.  Neither Nuguru nor any of its affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of the Platform, Website and/or Mobile App, or any uploading, downloading of any Content or information (all of which are not authorised) from the Platform, Website and/or Mobile App; 
      6. the Platform, Website and/or Mobile App may contain links to other websites and pages which are not controlled, maintained or endorsed by Nuguru including but not limited to the online booking, reservations applications, tools or facilities maintained by third party service providers. By clicking on or activating such links, you acknowledge that the Nuguru is not responsible for the consequences of your activities on the third-party websites, tools, applications of other offerings or services and is not liable in any way whatsoever to you.  Nuguru does not represent or exercise control over such third party and such third party is neither an agent nor servant of Nuguru. Any data or any information which you give to any other entity after leaving the Platform, Website and/or Mobile App is entirely at your own risk. Nuguru and its affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites. All hyperlinks to such other websites are provided as a convenience to you, and Nuguru and its affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites; 
      7. no data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, Nuguru cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk; and
      8. the Platform, Website, Mobile App and the Services are provided on an “as is” and “as available” basis and Nuguru expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Services, Platform, Website, Mobile App, and any third party websites with which they are linked.
  11. LIMITATION OF LIABILITY
    1. To the fullest extent permitted by law, Nuguru is not responsible for and shall not be liable for any injuries, losses or damages of any kind arising out of or in connection (whether directly or indirectly) with your use of the Platform, Website, Mobile App and/or the Services. Accordingly, you hereby release Nuguru and all of its affiliates (and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all claims, losses, damages and/or liability in respect of any injuries, losses or damages of any kind arising out of or in connection with your use of the Platform, Website, Mobile App and/or the Services.
    2. We strongly recommend that you consult with your physician or other licensed healthcare provider before beginning any exercise programme via the Services. You understand that when participating in any exercise, there is the possibility of physical injury. By engaging in any of the fitness exercises via any of the Services, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury to yourself. If you experience any discomfort or pain during any exercise programme you must immediately cease the activity and seek the assistance of a physician or other licensed healthcare provider.
    3. To the maximum extent permitted under law, Nuguru will not be responsible or liable for any injury, illness, death, damage, loss or harm (whether arising out of active or passive acts of negligence, action or inaction, on the part of Nuguru or its personnel) to yourself or your property that you may suffer as a result of your participation in any of the Services or use of any products purchased from the Platform.
  12. INDEMNITY
    1. You agree to indemnify and hold Nuguru and each of its affiliates including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which Nuguru and/or any of its affiliates may suffer or incur due to or arising out of in connection with:
      1. your breach of any of the provisions of these Terms; 
      2. your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; and
      3. your violation of any law, regulation or rights of any third party;
      4. otherwise in connection with these Terms and your use of the Platform, Website, Mobile App and/or the Services.
  13. GENERAL PROVISIONS
    1. Feedback.  Any questions, comments, suggestions, feedback and/or information which is sent to us via the Platform, Website and/or Mobile App will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. Nuguru reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the internet or on any written form, such information, including but not limited to, disclosing such information to its affiliates in connection with the development, marketing, manufacturing of products and services.
    2. Access to Platform, Website and/or Mobile App.  Nuguru reserves all rights to deny or restrict access to the Platform, Website and/or Mobile App to any person, or to block access from any internet source or address to our Platform, Website and/or Mobile App at any time in its sole discretion, and without providing any notice or reason.
    3. Modification and Discontinuation of Services.  Nuguru reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently all or any part of the Platform, Website, Mobile App and/or the Services, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Platform, Website, Mobile App and/or the Services.
    4. Force Majeure.  Nuguru and its affiliates shall not be liable to you or any other party, or be deemed to be in default, for any loss, damage or expense arising from any delay or non-performance under these Terms resulting from acts beyond its control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any government or administrative agency strikes, labour disputes (whether or not involving Nuguru’s or its affiliates’ employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the above or not) beyond the reasonable control of Nuguru, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation or communication services.
    5. Term.  These Terms (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on the Platform, Website and Mobile App or until terminated by Nuguru.
    6. Modification of Terms.  Nuguru reserves the right to modify, add, vary or amend all or part of these Terms from time to time without prior notice to you. Your use of the Platform, Website and Mobile App and any of the Services after such changes are posted on the Platform, Website and Mobile App shall be deemed an agreement by you to these Terms as modified. You also acknowledge and agree that it is your responsibility to monitor the Platform, Website and Mobile App for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of these Terms, your sole and exclusive remedy is to cancel your account and discontinue your use of the Platform, Website and Mobile App and the Services. 
    7. No Waiver.  No failure, delay, relaxation or indulgence on the part of Nuguru in exercising any power or right conferred upon it in these Terms shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms.
    8. Severability.  If any provision of these Terms is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms, such provisions shall be fully separable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms.
    9. Third Party Rights.  Except for all affiliates of Nuguru and its affiliates, no other person shall have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy any benefit under these Terms. Notwithstanding anything in these Terms, the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms.
    10. Entire Agreement.  These Terms constitute the entire agreement between you and Nuguru with respect to your use of the Platform, Website, Mobile App and/or the Services and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between Nuguru and/or its affiliates in respect of the matters dealt with in these Terms. No promise, inducement, representation or agreement other than as expressly set forth in these Terms has been made by Nuguru and/or its affiliates.
    11. Governing Law.  These Terms shall be governed by, and interpreted in accordance with the laws of Singapore.
    12. Dispute Resolution.  The courts of Singapore have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and your use of the Platform, Website, Mobile App and/or the Services (including a dispute regarding the existence, validity or termination of these Terms (a “Dispute”).