Terms of Use

Opening your Account with us

1. Eligibility

   You must create and maintain an Account in order to access and use the Services. To be eligible to register for an Account and use the Services, the following conditions must be satisfied at all times:

   1. You are an individual, legal person or other organisation with full legal capacity and authority to (i) access and use the Services and (ii) enter into and comply with your obligations under these Terms;
   2. (in the case of an individual) you are at least 18 years old or of legal age to form a binding contract under all Applicable Laws;
   3. You have not previously been suspended or removed from using our Services;
   4. If you are entering into this Agreement on behalf of a legal entity of which you are an employee, agent or representative, you have all necessary rights, power and authority to bind such legal entity to these Terms.
2. Discretionary right

   All Accounts are provided in our absolute discretion. We reserve the right to refuse any application for an Account without reason.

Contact information

1. How you can contact us

   For more information on the Company, you may refer to the information found on our Website. If you have questions, feedback or complaints you can contact us immediately.
2. How we will contact you

   We will contact you using your registered email address. It is important that you ensure that your contact details are correct and up to date. If your contact details change, you must let us know immediately. If you do not, we will not be responsible if you do not receive information, notices or other important information from us.

Privacy

1. Privacy policy

   Our collection, processing and use of personal information in connection with these Terms and the Services is as provided in our Privacy Policy (as updated from time to time). By accessing your Account and using the Services, you confirm that you have read, and understood the terms of our Privacy Policy.
2. Record keeping

   We may maintain records of any information you provide to us in connection with your Account and/or the Services for the duration of your Account and/or the Services and after the termination of your Account and/or the Services for business and regulatory compliance purposes, subject to Applicable Laws and our Privacy Policy.

Changes to these Terms

1. How and when we can make changes

   We reserve the right to make changes to these Terms and the Privacy Policy at any time, and your acceptance of these Terms constitutes your express consent to this. We will let you know of any changes by email or via our Website. Where possible, we will let you know in advance of most changes and will endeavour to give you fourteen (14) calendar days’ notice before the changes take effect. However, we may occasionally need to make changes without telling you in advance. Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made.
2. When changes come into effect

   Save where changes come into effect immediately, the updated Terms will come into effect fourteen (14) calendar days after we have given you notice. If you do not wish to accept the changes, you are free to close your Account in accordance with clause 8 of these Terms. If we do not hear from you, we will assume that you have accepted the change and your continued access to or use of the Services will be deemed acceptance of the updated Terms.

Services

1. Our Services

   Through our Website, we provide certain services (the "Services") aimed to help you comply with the Travel Rule. We shall provide you with the specific Services you may select from time to time, as reflected in your Account, in accordance with these Terms and to a reasonable degree of skill and care in accordance with professional standards.
2. Changes to Services

   ‍We reserve the right to withdraw or amend our Services, in full or in part, in our sole discretion and without notice. We will not be liable if for any reason the Services, or part of the Services, are unavailable at any time or for any period. From time to time, we may restrict access to the Services, in full or part, to users.

Fees

1. Our Fees

   You agree to pay all applicable fees in connection with your use of the Services, as set out on the Subscription page on our Website, or otherwise agreed with you (the "Fees").
2. Changes to Fees

   We may make changes to our Fees from time to time, which includes introducing new Fees. If we increase any Fee, we will endeavour to give you fourteen (14) calendar days’ notice in advance of any change being made. If you do not wish to accept the changes, you are free to close your Account in accordance with clause 8 of these Terms. If we do not hear from you, we will assume that you have accepted the change and your continued access to or use of the Services will be deemed acceptance of the updated Terms.
3. Payment terms

   If you wish to purchase any Service made available through our website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Subscriptions

   Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (the "Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription. At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it.
5. Free Trial

   We may at our sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information in order to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged by us until the free trial has expired. At any time and without notice, we reserve the right to modify the terms of service of any free trial offer or cancel such free trial offer.
6. Refund policy

   We issue refunds for subscriptions within thirty (30) days of the original purchase of the subscription.
7. Tax

   The Fees do not include, and may not be reduced to account for, any Tax. It is your responsibility to determine what, if any, Taxes arise in connection with your use of the Services, and it is your responsibility to collect, report, and remit the correct Taxes to the appropriate tax authority.

Using your Account

1. Your responsibility

   You agree to accept full responsibility for any and all activities or actions that occur under your Account and/or Access IDs.
2. Account security

   You are responsible for maintaining the confidentiality of your Account and Access IDs. If you become aware of or suspect a security breach or an unauthorised use of your Account or Access IDs, you must notify us immediately and take all appropriate steps to protect your Account.
3. Prohibited use

   You may use your Account and/or the Services only for lawful purposes and in accordance with the Terms. You agree not to use your Account and/or the Services:

   1. in breach of these Terms;
   2. in violation of any Applicable Law;
   3. in any manner that contravenes the public interest or public moral;
   4. in any manner that infringes on the legitimate interests of others;
   5. in any manner that is illegal, fraudulent or harmful to the Company, its Affiliates or others;
   6. in any manner that could overburden, damage or impair the proper functioning of the Website or the Services; and/or
   7. in connection with any Restricted Activities.
4. Reservation of rights

   We reserve the right to suspend the Services and/or terminate your Account in our discretion, without prior notice or liability, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms, including any provisions in our Privacy Policy.

Closing your Account

1. Your right to close your Account

   You may close your Account at any time by following the account termination procedures as prescribed on the Website. You will not be charged for closing your Account, although you will be required to pay any outstanding Fees owed to us.

   In certain circumstances, you may not be able to close your Account, including where:

   1. you are trying to evade an investigation by relevant authorities;
   2. you have an open Dispute; and/or
   3. any other valid reason.

2. Our right to close your Account

   We may close your Account for any reason at any time. In most circumstances, we will give you fourteen (14) calendar days’ notice in advance of closing your Account and the reason for the closure. However, there could be circumstances where we are entitled or required to close your Account without giving you notice or telling you of the reasons for the closure. This may include where:

   1. you have materially broken any of the Terms;
   2. you have used or tried to use your Account illegally;
   3. a court or government authority requests us to close your Account;
   4. it would breach our legal and/or regulatory obligations to keep your Account open; and/or
   5. any other valid reason.

Intellectual Property

1. Background IP

   The Company IP shall remain vested in the Company. The User IP shall remain vested in you.

2. Licence of Company IP

   We grant to you a non-exclusive, limited, revocable, non-sublicensable and non-transferable licence, for the lifetime of your Account, to use the Company IP, excluding the Trade Marks, solely as necessary to allow you to receive the Services for non-commercial personal or internal business use, in accordance with these Terms.

3. Licence of User IP

   You grant to us a perpetual, irrevocable, royalty-free, worldwide and non-exclusive licence to use the User IP to the extent it:

   1. forms part of, or is necessary for the use of, any Created IP; and

   2. is necessary to allow us to provide you with the Services, from time to time.

   3. The licence granted by you under this clause includes our right to sub-licence to a third party to the extent required to enable us and any of our Affiliates to provide you with the Services.

      1. Created IP

         The Created IP shall automatically vest in us from time to time on the date on which it is created. You hereby assign to us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in the Created IP.

Technology disclaimers

1. No representation or warranty

   The Services and any information provided on the Website are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Website, your Account, the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free.
2. Suspension of access

   We may, from time to time, suspend access to your Account and/or the Services, for both scheduled and emergency maintenance. We will make reasonable efforts to ensure that the Services are provided in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
3. Content

   Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website, including information in relation to the Services, is accurate, complete or up to date.
4. Third-party websites

   Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites) may be provided as a convenience but they are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the Website.

Indemnity

1. Third-party claims

   You shall indemnify and hold harmless us from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses ("Losses"), arising out of or in any way connected with:

   1. your access to or use of your Account and/or the Services;
   2. your breach or alleged breach of these Terms or your contravention of any other provision of these Terms, including any other terms and conditions incorporated by reference;
   3. your contravention of any Applicable Law; and
   4. your violation of the rights of any third party.
2. Control

   We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you shall cooperate as fully required by us in asserting any available defences. You shall not settle any claims or Losses without our prior written consent.
3. Release

   You hereby agree to release us from any and all claims and demands (and waive any rights you may have against us in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any third party in connection with these Terms and/or the Services.

Liability

1. Our Liability

   Our liability, and the liability of our Affiliates, to you or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these Terms, and shall in no event exceed the amount of Fees charged by us to you in the 12 months’ period preceding the loss event. Such sum will be paid by us to you in full and final settlement and satisfaction of our entire liability and the Company’s Affiliates’ entire liability for any loss or damage which is caused directly and is reasonably foreseeable by our breach of these Terms. You acknowledge and accept that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.
2. Limitation on liability

   Notwithstanding any other clause in these Terms, and to the maximum extent permitted by Applicable Law, in no event will we or any of our Affiliates be responsible or liable to you or any other person or entity for any indirect or consequential losses or damages, any loss of business, profits, anticipated savings or opportunities, or any special, punitive or aggravated damages, whether arising out of or in connection with our Website, your Account, the Services, these Terms, the Privacy Policy and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise.

Representations and warranties

1. You hereby represent and warrant to us, at all times, the following:
   1. if you are a legal entity, you are duly incorporated, duly organised, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than the minimum age required under Applicable Law;
   2. all documents and information you provide to us in connection with your Account are true, accurate, complete, and up to date in all respects, and may be relied upon by us in determining whether or not you are eligible to use the Services;
   3. you have full power, authority, and capacity to: (a) access your Account and/or use the Services; and (b) enter into and deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms;
   4. all consents, permissions, authorisations, approvals and agreements of third parties and all authorisations, approvals, permissions, consents, registrations, declarations, filings with any Regulatory Authority, governmental department, commission, agency or other organisation having jurisdiction over you which are necessary or desirable for you to obtain in order to open an Account and/or use the Services;
   5. these Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms; and
   6. you are not a Restricted Person.

Governing law and jurisdiction

1. Governing law
   These Terms (including the arbitration agreement in clause 14.5) shall be governed by, and construed in accordance with, the laws of Singapore.

2. How to raise a Dispute
   In the event of a Dispute, a party shall first provide notice of that Dispute to the other party in writing to:

   1. noticeofclaim@globaltravelrule.com in the case of notice to us; and
   2. your registered email address, in the case of notice to you.

3. What happens when you raise a Dispute
   The parties shall seek to resolve the Dispute amicably. The discussions must remain confidential and without prejudice, and any settlement discussions or settlement offer may not be used as evidence in any legal proceedings.

4. If we cannot resolve the Dispute
   If the parties are unable to amicably resolve the Dispute within thirty (30) calendar days of the notice referred to in clause 14.2 above (whether or not any attempt to resolve the dispute has been made by either party), the Dispute must be referred to and finally resolved by arbitration in accordance with clause 14.5 below.

5. Agreement to arbitrate
   Any Dispute shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the Singapore International Arbitration Centre (the "SIAC Rules").

   The SIAC Rules are incorporated by reference into these Terms. In relation to any arbitration, and unless otherwise agreed by the parties:

   1. the number of arbitrators will be one, to be appointed in accordance with the SIAC Rules;
   2. the seat or legal place of arbitration will be Singapore; and
   3. the language used in the arbitral proceedings will be English.
   4. Any arbitral award may be enforced in any court having jurisdiction over the party (or over the assets of the party) against whom such an award is rendered.

6. Confidentiality of arbitral proceedings
   The parties agree that all matters related to the arbitration must be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration shall not be disclosed to any party except the tribunal, SIAC, the parties, their counsels, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary to the conduct of the arbitration provided that such confidential information is provided to such parties on a confidential basis.

   Notwithstanding the foregoing:

   1. either party may disclose such confidential information to the extent that disclosure is required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings; and
   2. we may disclose such confidential information to the Company’s Affiliates.
   3. This confidentiality provision will survive termination of these Terms and conclusion or stay of any arbitration brought pursuant to these Terms.

Miscellaneous

1. Compliance with Applicable Law
   You must comply with all Applicable Laws, licensing requirements and third party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Services, your Account and the Website.

2. Notices
   We may give notice by email to your registered email address. It is your responsibility to ensure that the registered email address is up to date and accurate. Notices may be given, and are deemed received, if sent to your registered email address, whether or not a notice of delivery failure is received.

   You may give us notices only as we direct, which may change from time to time.

   Any notices, consent or other communication given under these Terms must be in writing, in English, and signed or otherwise authorised by the party giving it.

3. Entire agreement
   The Terms, together with any terms incorporated by reference into these Terms, constitute the whole agreement between you and us with respect to the Services. Each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Terms.

4. Assignment
   You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent. We may assign or transfer any of our rights or obligations under the Terms at any time and without your consent to any of our Affiliates, but will ask for your prior consent to assign or transfer any of our rights or obligations under the Terms to a third party.

5. Records
   You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications between you and us, and that the recordings may be used as evidence in any proceedings relating to any agreement with you. These records will be our sole property.

6. Language
   These Terms may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English text will prevail.

7. Third party rights
   Other than in relation to our Affiliates, nothing expressed or referred to in these Terms will be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any provision of these Terms. The Terms and all of its provisions are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.

8. Severability
   If, at any time, any provision of the Terms is or becomes illegal, invalid, or unenforceable in any respect, neither the legality, validity or enforceability of the remaining provisions will in any way be affected or impaired.

9. Survival
   All provisions of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.

10. Force Majeure
    We will not be liable for any delay or failure to perform as required by these Terms to the extent the delay or failure is caused by a Force Majeure Event.

11. No waiver of rights
    No delay or omission by us in exercising any right or remedy under the Terms will operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under the Terms. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by Applicable Law.

12. Set-off
    In addition to any legal or other remedy available under the Terms or by law, we may set-off any amounts you owe to under the Terms or otherwise. You must pay all sums that you owe to us free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by Applicable Law.

13. Protection of reputation
    

    1. During the lifetime of your Account, and for a period of two (2) years after the closure of your Account, you agree that you will take no action which is intended, or could reasonably be expected, directly or indirectly, to harm the Company or its reputation, or any of its Affiliates or the reputation of its Affiliates, or which could reasonably be expected to lead to unwanted or unfavorable publicity to the Company or its Affiliates. In the event of a breach or threatened breach of this provision, you acknowledge that the injury or imminent injury to the value and the goodwill of the Company or its Affiliates’ business could not be reasonably or adequately compensated in damages in an action at law. Accordingly, you acknowledge and agree that we shall be entitled to specific performance, injunctive relief or any other equitable remedy.

Definitions and interpretation

1. In these Terms, except where the context requires otherwise, the following terms shall have the following meanings:

   Access IDs means your Account details, username, passwords, personal identification numbers, API keys, API secret keys, or any other codes or forms of authentication that you use to access your Account and/or the Services.

   Account means the account opened by the Company for your use of the Services.

   Affiliates means, in relation to each party, that party and its affiliates, related body corporates, direct or indirect parent entity or subsidiary entity, or entity under common control, and each of their respective officers, directors, employees, agents, licensors, and contractors.

   API means application program interface.

   Applicable Law means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organisation of which the Company is a member), that are applicable to the provision, receipt or use of the Services, or any other products or deliverables provided, used or received in connection with the Services and/or these Terms.

   Business Day means any day, other than a day that falls on a weekend or a public or bank holiday in Singapore.

   Company, we, our or us means Infozone Technologies PTE, Ltd.

   Company API means an API made available by the Company and/or its Affiliates to you as a service, or third-party applications relying on such an API.

   Company IP means the Created IP and all other Intellectual Property Rights owned by or licensed, on a sub-licenseable basis, to us as at the date of the Terms and any other Intellectual Property Rights owned or acquired by or licensed, on a sub-licenseable basis, to us after the date of these Terms, and which are provided by us to you in the course of providing you with the Services.

   Created IP means any Intellectual Property Rights created by you pursuant to these Terms, including the User Materials, but excluding any other User IP.

   Dispute means any dispute, claim, controversy or difference arising out of, relating to or having any connection with these Terms, including any dispute as to their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity, and any dispute relating to any non-contractual obligations arising out of or in connection with them.

   FATF means the Financial Action Task Force.

   Fees has the meaning given to it in clause 6.

   Force Majeure Event means: (a) any strike, riot, civil unrest, terrorist act, war or industrial action; (b) any natural disaster such as floods, tornadoes, earthquakes, hurricanes or fire; (c) any epidemic, pandemic or public health emergency of national or international concern; (d) any act or regulation made by a government, supra national body or authority that we reasonably believe stops us from providing the Services; (e) the suspension, closure or nationalisation of the Company or any of its Affiliates; (f) technical failures in transmission, communication or computer facilities including power failures and electronic or equipment failures; (g) the failure of any supplier or service provider involved in the provision of the Services; and/or (h) any other event or condition beyond our reasonable control.

   Intellectual Property Rights means: (a) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); (b) applications for registration, and rights to apply for registration, of any of the foregoing rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

   Losses has the meaning given to it in clause 11.1.

   Restricted Activities means: (a) gambling or lotteries, including bidding fee auctions, sports forecasting or odds making, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes or games of chance; (b) arms, defence, military; (c) atomic power; (d) extractive industries (the extraction and management of oil, gas, minerals, metals, coal, quarrying, precious stones and other natural resources); (e) precious metals and stones; (f) unregulated charities; (g) red light business/adult entertainment; (h) illegal drugs; and (i) any other illegal market activities.

   Restricted Person means a person or legal entity who: (a) is included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by the office of foreign assets control of the U.S. Department of the Treasury (OFAC), or the denied persons or entity list of the U.S. Department of Commerce); or (b) resides, or is established, in any sanctioned jurisdictions. This includes any person who is a designated individual or entity as defined or set out in the Terrorism (Suppression of Financing) Act 2022, or in the respective regulations promulgated under the Monetary Authority of Singapore Act 1970, as amended, supplemented or replaced from time to time.

   Services means the services offered by us to you through the Website, as further described in clause 5.

   SIAC Rules has the meaning given to it in clause 14.5.

   Taxes means taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, or national jurisdiction (whether domestic or foreign).

   Terms means these terms of use, as amended from time to time, together with any other documents expressly incorporated by reference, including the Privacy Policy.

   Travel Rule means the rule established by FATF requiring VASPs and other financial institutions to share relevant originator and beneficiary information in connection with Virtual Asset transactions.

   VASP means Virtual Asset service provider.

   Virtual Asset means a digital representation of value that may be digitally traded, transferred, or used as an exchange or payment tool, or for investment purposes.

   Website means the website we own and operate located at Global Travel Rule and through which we make the Services accessible to you.

   Trade Marks means the Intellectual Property Rights in the trade marks, service marks and logos used and displayed on or through the Website and/or the Services.

   User IP means the Intellectual Property Rights owned by or licensed to you as at the date of these Terms and any other Intellectual Property Rights owned or acquired by or licensed to you after the date of these Terms.

   User Materials means the Intellectual Property Rights in any reviews, posts, information, data, and comments you or other users provide to us on the Website, through the use of the Services, or otherwise.

2. In these Terms:

   1. clause headings are for convenience only and do not affect the meaning or interpretation of any provision of these Terms;
   2. the words "include" or "including" meanS including without limitation and include without limitation respectively;
   3. any undertaking to do or not do a thing is deemed to include an undertaking not to permit or suffer the doing of that act or thing;
   4. words importing the singular include the plural and vice versa and words importing a gender include any gender;
   5. any reference to a document is to that document as amended, varied or novated from time to time otherwise than in breach of these Terms or that document; and
   6. in the event of inconsistency between these Terms (including any documents referred to in these Terms) the inconsistency shall be solved by giving such provisions and documents the following order of precedence: (i) the Privacy Policy; and (ii) these Terms.