Terms and Conditions

21st August, 2021

Melodiez Pte Ltd’s (“Melodiez”) Terms and Conditions
Last updated on 23 August 2021.

Please read these Terms and Conditions carefully before using Melodiez Pte Ltd’s website and application.

1. Melodiez Pte Ltd (“Melodiez”)
1.1 Melodiez is an Internet and mobile wellness application which provides music broadcasting service (the “Service”) to users who access or download the Platform (“You” or the “User”). Currently the Service is based in Singapore and offered free of charge.

2. By using our Site you accept these Terms and Conditions
2.1 By clicking “I Agree” icon and/or ticking the checkbox on the Melodiez’s application (the “Application”) and/or on Melodiez’s website (the “Website”) (the Application and Website are collectively referred to as the “Site”), you confirm that you hereby irrevocably consent and accept these terms and conditions of use and that you agree to comply with them.
2.2 You also irrevocably consent and agree that certain features of the Site may be subject to additional terms and conditions and/or registration requirements.
2.3 If you do not agree to these terms and conditions, you must not use our Site.

3. Other terms may apply
3.1 These terms and conditions refer to our Privacy Policy, which apply to your use of our Site.

4. Amendment
We may amend these terms and conditions from time to time. Every time you wish to use our Site, please check these terms and conditions to ensure you understand the terms and conditions that apply at that time.

5. We may Modify, Suspend or Withdraw our Site
5.1 We reserve the right to update or modify our Site from time to time. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site at any time without ascribing any reasons.
5.2 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and conditions and other applicable terms, and that they comply with them.

6. Proprietary and Intellectual Property Rights
6.1 This Site is owned and operated by Melodiez (we, our or us).
6.2 The names, trademarks, service marks, button icons, and logos (the “Trade Marks”) which appear on the Site are registered or unregistered trade marks of Melodiez, its affiliates or licensors. Nothing stated herein should be construed as granting, indirectly, by estoppel, or otherwise, any license or right to use the Trade Marks, and the like appearing on the Site, without Melodiez’s prior written consent.
6.3 All content and materials on the Site, such as graphics, user interfaces, visual interfaces, photographs, Trade Marks, logos, videos, images, sounds, applications, programs, software, computer code and other information (the “Content”), as well as the collection, arrangement, layout, design, and assembly of all content on the Site (the “Compilation”) is provided by and exclusively belongs to Melodiez and are protected by copyright and other Intellectual Property rights. You may only download the Site’s Content and Compilation for personal non-commercial, non-transferable, temporary use only.
6.4 You may not use the Site’s Content or Compilation in any manner that defames, disparages or discredits Melodiez or any other person or entity, or in any way that is likely to cause confusion or violation of any applicable laws or regulations.
6.5 You may not use, reproduce, copy, modify, translate, transmit, upload, post, display, publish, republish, sell, license, publicly perform, distribute or commercially exploit any of the Content and Compilation or otherwise dispose of any of the Content and Compilation in a way not permitted by Melodiez, without the Melodiez’s express prior written consent.
6.6 You may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code and technology that operates the Site or create derivative works based thereon.
6.7 Melodiez recognizes and respects intellectual property. As such, any usage of brand names, trademarks, logos, company names, or other names or pictures, titles or texts within the Site, which are not connected and/or produced by Melodiez, are the property of the respective copyright or trademark holders. The rights of these third parties are strictly reserved.
6.8 The use of data mining, robots, or similar data gathering and extraction tools on the Site as well as the use of Melodiez,’s trade marks in meta-tags is strictly prohibited. You may view and use the Content and Compilation only for your personal use and information and for performing the act the Site is designed for.
6.9 You undertake to fully respect Melodiez,’s intellectual property rights, including but not limited to its patents, trade marks, designs, copyrights, goodwill, and any other registered or unregistered right now existing or later developed in any jurisdiction.

7. Disclaimer of Liability
7.1 The Contents of this Site are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, Melodiez, do not assume any legal liability or responsibility and hereby disclaim any warranty:-
(a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Contents of this Site; and
(b) that the Contents available through this Site or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Site and the server will be free of all bugs, viruses and/or other harmful elements.
7.2 In no event shall Melodiez, be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracies or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site or downloaded or hyperlinked from the Site, or performance of the contents on this Site, even if Melodiez, has been advised of the possibility of such damages that arise in relation to the use of the Site.
7.3 The Contents of this Site do not constitute financial, legal or other professional advice. If financial, legal or other professional advice is required, services of a competent professional should be sought.
7.4 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
7.5 If you are dissatisfied with any portion of the Site, or with any of the terms and conditions herein, your sole and exclusive remedy is to discontinue using the Site.

8. Safety of Your Account Information
8.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by use, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at team@melodiez.com.

9. Confidentiality
9.1 You acknowledge that any information exchanged between you and Melodiez, in connection with the use of the Site are regarded as confidential information. Each party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other party, it shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is already in the public domain (other than through the receiving party’s unauthorised disclosure); or (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, or orders of the court or other government authorities. This section shall survive the termination of the terms and conditions for any reason.

10. Third Party Websites
Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

11. Rules about linking to our Site
11.1 You may not establish a link to the home page or to any other page on our Site without our express written consent. Even if consent is provided, you may only establish a link to the home page or to any other page on our Site in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 You must not establish a link to our Site in any website that is not owned by you.
11.4 We reserve the right to withdraw linking permission without notice.
11.5 If you wish to link or make any use of Content on our Site other than that set out above, please contact team@melodiez.com.

12. Termination
12.1 Notwithstanding whatever may be provided herein to the contrary, Melodiez, has the right to terminate the terms and conditions at any time, without notice and without payment of any penalty, at its sole discretion.

13. Remedies
13.1 Any remedy or right conferred upon Melodiez, for breach of these terms and conditions will be in addition to and without prejudice to all other rights and remedies available to it by law.
13.2 Any waiver of any breach of this terms and conditions shall not be deemed to apply to any succeeding breach of the provision or of any other provision of this terms and conditions. No failure to exercise and no delay in exercising on the part of any of the parties any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

14. No Relationship
14.1 You acknowledge that nothing in these Terms and Conditions create or is intended to create a joint venture, partnership, trust, agency or any other fiduciary or legal relationship between you and us, or impose a trust, partnership or fiduciary duty, obligation or liability on or with respect to either party. Neither party is or shall act or be an agent or representative of the other party.

15. Entire Agreement
15.1 These terms and conditions constitutes the entire agreement (excluding the Privacy Policy) between you and Melodiez, relating to the subject matter herein and supersedes all previous agreements, understandings and arrangements, whether in writing or oral in respect of its subject matter.
15.2 Each party acknowledges that it has not entered into these terms and conditions in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out herein. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in these terms and conditions.
15.3 Nothing in these terms and conditions purports to limit or exclude any liability for fraud.

16. Governing law and jurisdiction
16.1 These terms and conditions shall be governed and construed in accordance with the laws of Singapore.
16.2 In the event of any dispute arising out of or in connection with these terms and conditions, any party may give the other party written notice of such a dispute and the parties shall endeavour to resolve it by amicable negotiation within 30 days.
16.3 If the dispute fails to be amicably resolved by way of negotiation within 30 days of the notice provided above, any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Procedure set out in Rule 5.2 of the SIAC Rules. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be in the English language.

17. Contact and Notices
17.1 Notices under these terms and conditions shall be in writing by email to the recipient’s registered email address as per the registration record kept by Melodiez,. Notices shall be deemed received on the date they were sent by email.
17.2 If you wish to send in a request, have any questions or need assistance in using the Site, please contact Customer Support at team@melodiez.com.