TERMS AND CONDITIONS

The following terms constitute a legal agreement between Surge Global, having its principal place of business at 105, Cecil Street #13-02, The Octagon, Singapore 069534 (hereinafter referred to as “Supplier or “Provider”) and the user of the services offered by the Provider (hereinafter referred to as “User” or “You”) for the services offered by the Provider including the use of this website and any other ancillary products and services offered to the user (hereinafter referred to as “Services”). By using this website and the services offered by this website, you are agreeing to the terms and conditions stated herein (hereinafter referred to as “Terms of Use”) and to be bound by them on behalf of yourself or the organisation you may represent or act on behalf of. If you do not wish to be bound by any of these terms or do not have authority to enter into this agreement on behalf of the entity you act for or represent, you must not accept or agree to these terms and thereby shall not have any right to use these services offered by the Provider. Provider’s acceptance of this agreement is expressly limited and conditional upon your acceptance of these terms of use.

The Privacy Policy of the Provider (annexed hereto as Attachment 1) shall form part of these Terms of Use and you shall be bound by them by accepting these terms of use.

These Terms of Use are effective from November 7, 2024.

Access

Subject to the user’s acceptance and compliance to the Terms of Use set forth herein, Provider hereby grants to the User a non-licensable, non-transferable and non-exclusive right of access and use of the Services offered by the Provider.

Disclaimer
  • You agree that the Provider may make changes to these Terms of Use at any time without prior notice to you. The updated versions of the Terms of Use shall be uploaded to the Surge website which can be accessed and referred to by you. With the continued use of the Services, it shall be deemed to have obtained your consent to such changes in the Terms of Use.
  • You are responsible for obtaining access to the specific Services and that access and right to use certain services may incur additional charges that will specifically be mentioned in the application.
  • You agree that the Provider assumes no responsibility for the accuracy, integrity of, or reliance on links to other independent websites or content uploaded by external users or third parties’ not provided by the Provider, and any reliance on such content is the responsibility of the User. The contents uploaded by any user to the website is material created, formulated and drafted by that user and such information cannot be ascribed to the Provider.
  • You agree that the Provider shall not hold any responsibility for the content or practices of any websites, blogs, other resources that may be accessed through any external links contained on the website.
Availability and service commitment

Provider guarantees an uptime commitment of at least 99.5% of the time each month, excluding excusable downtime which shall include routine system maintenance and any general failure of the internet connection beyond the control of the Provider.

Restrictions
  • You agree that you shall use the Services in compliance with all applicable laws, rules, regulations. You shall personally be held responsible for any infringement violation or misappropriation of copyright, trademark or any other intellectual property right of the Provider or any third party, uploading of any unlawful, harmful, threatening, tortious, vulgar, libelous, invasive of another’s privacy, or racially, ethnically or other objectionable or discriminatory, obscene, defamatory, harassing, abusive, offensive or malicious content or any false information or information that may provide a false identity or use of the Services for any fraudulent or malicious purpose.
  • You shall refrain from using the Services in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms or act fraudulently or maliciously or unethically and not use the website and service for any other purpose beyond its intended use and not cause nuisance, annoyance or inconvenience or for any other illegal purpose.
  • You shall refrain from hacking, inserting malicious code, such as viruses and harmful data to the website, transmitting any material that is defamatory offensive or objectionable in relation to the use of the services.
  • You shall not use the services in any commercially unreasonable manner, use the information shared to falsely impersonate any person or entity or in a manner harmful to minors.
Indemnity
You agree to hold harmless and indemnify the Provider and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature incurred under or in connection with this Agreement arising out of:

  • Any violation or suspension of the terms of use including but not limited to any violations of the Provider’s rules and policies forming part of this Agreement.
  • Any allegations of misconduct or claim under the applicable laws by any other external party arising out of any act or omission; and/or
  • Any fraud, willful misconduct, deceit or neglect; and/or
  • Any infringement of any patent, copyright or trademark.
  • Any negligence, willful misconduct arising out of any action or omission by the user.
Limitation of liability

Except as provided by this Agreement and to the maximum extent permitted by applicable law, all services provided under this Agreement are provided “as is” without any warranties or conditions being attached to such service. The Provider and any of its subsidiaries, affiliates, employees, agents, partners expressly disclaim all warranties, whether express or implied.

You agree and understand that the Provider and any of its subsidiaries, affiliates, employees, agents, partners shall not be liable for any loss direct, indirect, incidental or consequential damages that may be suffered by the user or any third party resulting from the inability to use the services, unauthorised access or alteration made to the application, any statement or conduct of third party.