Terms of Service
Introduction
This Agreement ("Terms of Service") establishes the legally binding terms governing your use of our web services (collectively, the "Service") provided by BeyondBrain Incorp. ("Company", "we", "us", "our"). By accessing and utilizing our Service, you signify your acceptance of these terms, conditions, and notices contained or referenced herein.
Definitions
- Service: Refers to the web-based platform operated by the Company that enables users to create, manage, and promote online raffles.
- User: Any individual or entity that registers, accesses, or uses the Service in any capacity.
- Raffle Page: A specific web page created by a User within the Service for the purpose of hosting and managing a particular raffle.
- Raffle: A fundraising or prize distribution event initiated by a User through the Service.
Acceptance of Terms
You agree to be bound by this Agreement by using the Service in any manner, including but not limited to visiting or browsing the Site. If you do not agree to all of these terms, you should not access or use the Service.
Modifications to Terms
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior notice. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. Changes will be communicated via email or through an in-service notification, in addition to an announcement on the homepage of our website.
Account Registration and Maintenance
- Account Creation: You must create an account to access certain features of the Service. You agree to provide accurate, complete, and updated account information.
- Account Responsibility: You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.
User Conduct
You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. Prohibited activities include:
- Engaging in illegal activities or fraud.
- Transmitting or storing any unlawful material.
- Transmitting viruses or any other malicious code.
- Attempting to breach or breach security or authentication measures.
- Publishing or sharing materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence.
Accommodation Disclaimer
The Company is not responsible for any incidents, damages, or losses that occur at any accommodations or during any part of a prize involving accommodations provided through the raffles. This includes, but is not limited to, personal injuries, property damage, theft, and disruptions. Winners who accept travel or accommodation prizes do so at their own risk and are solely responsible for their safety and belongings. The Company does not provide any guarantees regarding the quality, safety, or suitability of any accommodation offered as part of a raffle prize and disclaims all liability in these respects. Participants agree that the Company will not be liable for any costs, losses, damages, or expenses incurred by any participant as a result of any incidents occurring at or related to accommodations provided.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms of Service, or your violation of any law or the rights of any third party.
Prize Valuation and Tax Responsibilities
The value of any prizes awarded will be reported for tax purposes as required by law. Winners are responsible for all federal, state, and local taxes and fees associated with prize receipt and/or use. It is recommended that winners consult their tax advisor to understand the exact tax implications of their prize.
Intellectual Property Use
By posting content to our Service, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, and promote this content in any form. This license extends to marketing and promotional uses without additional compensation unless prohibited by law.
Force Majeure
The Company shall not be liable for any failure to perform its obligations where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). Such circumstances include, but are not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Language and Interpretation
These Terms of Service were written in English. Any translated version is provided solely for your convenience. To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls.
Fees and Payment
- Service Fees: Certain aspects of the Service may require payment of fees, which are clearly disclosed at the time of your transaction.
- Refunds and Cancellations: All fees are non-refundable except as required by law. You are responsible for paying any fees at the time they are due.
Intellectual Property Rights
All content included on the Service, such as text, graphics, logos, images, and any software used on the Service, is the property of the Company or its licensors and protected by copyright and other laws that protect intellectual property and proprietary rights. By providing any User Contribution on the Service, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
Disclaimers
- General Disclaimer: The Service is provided on an "as is" and "as available" basis without any warranties of any kind. The Company expressly disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- Accuracy of Information: The Company does not warrant the accuracy, completeness, or usefulness of the information provided on the Service, including information related to raffles and prizes. All information is provided "as is" without warranty of any kind. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Third-Party Services
The Company is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.
Liability Limitations for Accommodations and Life-Threatening Events
The Company is not responsible for any incidents, damages, or losses that occur at any accommodations or during any part of a prize involving accommodations provided through the raffles. This includes, but is not limited to, personal injuries, property damage, theft, disruptions, and any life-threatening events. Winners who accept travel or accommodation prizes do so at their own risk and are solely responsible for their safety and belongings.
Furthermore, the Company disclaims all liability for any life-threatening events or other severe incidents that may occur during participation in any activities associated with raffle prizes, regardless of whether such incidents occur at accommodation locations or during travel to or from such locations. The Company does not provide any warranties regarding the quality, safety, or suitability of any prize offerings and expressly disclaims any liability for severe personal injuries or other substantial damages or losses incurred by any participant.
Participants agree that the Company will not be liable for any costs, losses, damages, or expenses incurred by any participant as a result of any incidents, whether minor or life-threatening, occurring at or related to accommodations or other prize-related activities provided through the Service.
Limitation of Liability
- General Limitation: In no event will the Company, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will the Company be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein.
- Travel Prizes: The Company provides a platform for organizing raffles, including raffles that award travel as prizes. The Company is not a travel provider, nor is it a travel agency, and it does not facilitate the booking of any travel itself. The Company assumes no responsibility for the actual provision of travel services, which is solely the responsibility of third-party providers. Therefore, any claims or liabilities arising from the travel or its booking, including but not limited to personal injury, death, property damage, inconvenience, travel disruptions, accidents, and any other travel-related issues, fall under the responsibility of the respective third-party travel provider and the winner of the raffle.
Specific Travel Disclaimer: The Company disclaims all liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel conducted as a prize awarded through the Service. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage.
Raffle Continuation Policy
In the event that a raffle hosted on the Service fails to sell more than 25% of its total available tickets by the scheduled end date, the raffle will automatically be extended to the next scheduled raffle period. This continuation is designed to provide additional time for ticket sales and increase the potential for reaching the raffle's goals. The following conditions apply to such continuations:
- Notification: Users who have purchased tickets for a raffle that is subject to continuation will be notified via email about the extension and the new closing date of the raffle.
- No Refunds: Tickets purchased for the original raffle will remain valid for the extended period, and no refunds will be provided due to the extension of the raffle period.
- Additional Ticket Sales: The raffle will continue to accept new entries during the extended period until the new closing date or until more than 25% of the tickets are sold, whichever comes first.
- Prize Adjustments: The total prize may be adjusted based on the final number of tickets sold if stipulated in the specific raffle rules.
- Further Extensions: If after the extended period, the raffle still has not sold more than 25% of its tickets, further extensions may be applied at the discretion of the Company, subject to the same conditions outlined herein.
By participating in any raffle hosted on our Service, you agree to be bound by these terms of the Raffle Continuation Policy.
Winner Notification and Responsibilities
Upon concluding a raffle, winners will be notified via the contact information they provided during registration. The following terms apply to raffle winners:
- Response Requirement: Winners must respond to the notification within five (5) business days. The Company will make up to five (5) attempts to contact each winner within this period. Failure to respond will result in the forfeiture of the prize, and the Company reserves the right to select an alternate winner or retain the prize.
- Travel Prizes: Winners of travel prizes must adhere to the travel schedules and arrangements made by the Company. If a winner fails to be present at the designated departure time or location, the Company will not be responsible for any resulting costs, changes, or compensations.
- Liability During Travel: The Company disclaims all liability for incidents, injuries, or losses occurring during any part of the prize travel. Participation in travel prizes is at the winner’s own risk.
- Forfeiture for Non-Compliance: The Company will not compensate or substitute prizes for winners who fail to comply with winner notification responses, travel arrangements, or other raffle-related communications. This includes non-receipt of prize due to incorrect contact information provided by the user.
By participating in a raffle, users agree to these terms and acknowledge that failure to comply with these guidelines can result in prize forfeiture without recourse against the Company.
Eligibility Criteria
To participate in the raffles hosted on our Service, individuals must meet the following criteria:
- Age Requirement: Participants must be at least 18 years old at the time of entry.
- Residential Requirement: Participants must reside in jurisdictions where our raffles are legally permitted. It is the participant's responsibility to ensure that their participation complies with local laws and regulations.
- Exclusions: Employees of the Company, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and their immediate family members or those living in the same household are not eligible to participate in the raffles.
Dispute Resolution
In the event of a dispute arising out of or relating to these Terms, or the breach thereof, the parties shall first attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable time period (not to exceed 30 days), either party may submit the dispute to mediation. If the dispute is not resolved through mediation, it shall be settled by binding arbitration administered by the Singapore International Arbitration Centre under its Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Termination of Service
The Company may terminate your account and access to the Service for causes including but not limited to:
- Breaches or Violations of the Terms or other incorporated agreements or guidelines
- Request by law enforcement or other government agencies
- Discontinuance or material modification to the Service
- Unexpected technical or security issues or problems
- Extended periods of inactivity (defined as inactivity for more than 12 consecutive months)
Engagement by you in fraudulent or illegal activities
- Further, you agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account or access to the Service.
Intellectual Property of User Submissions
By submitting any content (including, but not limited to, text, photos, and videos) to our Service, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and share the content. You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed.
Limitations on Entries
Participants are limited to one entry per raffle unless otherwise specified. The use of automated systems or software to extract data or generate entries is strictly prohibited. Any attempt to submit entries by using bots, scripts, or other automated methods will result in disqualification from the raffle and potential banning from future participation.
Amendments to the Terms of Service
We reserve the right to amend these Terms at any time. When we make changes, we will revise the "Effective Date" at the top of the Terms and provide notice of the amendment on the homepage of the Service for a period of at least 30 days. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service. Your continued use of the Service after the amendment constitutes your agreement to the revised Terms.
Technical Failures
The Company is not liable for any problems, errors, or technical malfunction of any network or lines, computer online systems, servers, providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on the Service or combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation or downloading any materials in the raffle.
Data Retention
The Company will retain your personal information only for as long as is necessary for the purposes set out in these Terms and our Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We also provide users with the option to request deletion of their personal information, which will be actioned except where retained for legitimate business or legal purposes.
Privacy and Communication
The Company is committed to protecting the privacy of its users. Personal information collected, including name, address, email, and phone number, will be used solely for the purpose of administering raffle activities, including notifying winners, managing entries, and maintaining user accounts. The Company adheres to strict data protection protocols to ensure the security and confidentiality of user data. Personal information will not be shared with third parties without explicit user consent, except as necessary to facilitate specific raffle operations or comply with legal obligations. Users will be notified of any significant changes to privacy practices.
Documentation and Verification
Upon winning a raffle, individuals may be required to provide valid government-issued identification and possibly additional verification documents to claim their prize. This requirement is intended to prevent fraud and ensure that prizes are awarded fairly and lawfully. The Company reserves the right to perform necessary background checks and to disqualify participants who fail to comply with documentation requests. Failure to provide the requested documents within a specified timeframe, generally seven (7) days from notification, will result in automatic forfeiture of the prize.
Changes to Raffle Dates or Conditions
The Company reserves the right to alter raffle parameters, such as dates, ticket availability, or prize details, in response to operational needs or external circumstances beyond its control. Such changes will be clearly communicated through the platform's official communication channels, including email updates and announcements on the service website. Participants affected by significant changes will have the option to adjust their participation accordingly. This provision ensures the flexibility necessary for managing large-scale online raffles while maintaining fairness and transparency.
Publicity Rights
Participants who win prizes agree to the use of their personal data, such as names and photographs, for promotional purposes related to the raffle, without additional compensation beyond the prize itself. This may include appearances in promotional materials, interviews, or other marketing activities. Winners may be asked to provide testimonials about their experience, which may be used in press releases or promotional materials. Participation in such activities is a condition of prize acceptance, unless prohibited by law.
Contact Update Responsibilities
Participants are responsible for ensuring that their contact information on the platform is current and accurate. Failure to update contact details may result in missed communications regarding prize notifications and important updates. Participants can update their information through their user account settings on the platform. The Company is not responsible for losses or delays resulting from incorrect or outdated contact information. Users are encouraged to check their account regularly and before entering each raffle to ensure all information is current.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and the Company will be brought exclusively in the courts located in Singapore.
Miscellaneous
- Severability: If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Digital Signature and Acceptance
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time on the Service, each of which is incorporated by reference and each of which may be updated without notice to you. Your use of the Service constitutes your binding acceptance of such terms, including any modifications or amendments made by the company from time to time.
Accessibility Accommodations
The Company is committed to ensuring that our Service is accessible to all users, including those with disabilities. If you have difficulty using or accessing any element of this website or on any mobile app or tool, please feel free to call us at email us at hello@lum-i.com, and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you consistent with applicable law (for example, through telephone support).
Termination by User
Users may terminate their account at any time by accessing the account settings and selecting 'Close Account'. Upon account closure, all personal information will be retained or deleted in accordance with our Data Retention policy outlined in the Terms of Service and our Privacy Policy. Please note that certain information may be retained for legal and accounting purposes.
Grievance Redressal Mechanism
If you have any complaints or grievances regarding the Service or any related content, you may contact our Grievance Officer at hello@lum-i.com or via our support page. The Company is dedicated to addressing all complaints efficiently and fairly in compliance with applicable laws.
Survival Clause
Certain provisions of these Terms of Service, which by their nature should survive the termination of these Terms, shall remain in effect after such termination, including, but not limited to, the provisions concerning indemnification, intellectual property, limitation of liability, and this survival clause itself.
Contact Information
For any questions regarding these Terms, please contact us at hello@lum-i.com.
Effective Date
These Terms are effective as of 5/6/2024.
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