Terms of Service

Last Updated: June 2022

COMO Shambhala Pte. Ltd. (“COMO Shambhala”, “we” or “us” as the context may require) advocates proactive holistic wellness and provides wellness services through a team of experts, spa therapies, products, activities, yoga, Pilates, wellness consultations and cuisine (“Services”) both offline at our Urban Escape and our COMO Shambhala establishments (“CS Establishments”) and online via websites (including www.comoshambhala.com and any of its related sites) and mobile applications (including the CS Anywhere app) and online platforms operated by COMO Shambhala (“CS Platforms”) and also websites and mobile applications and online platforms operated by third parties (“Third-Party Platforms”). The CS Platforms and the Third-Party Platforms are collectively referred to as “Online Platforms”).

COMO Shambala affiliates include COMO Hotels and Resorts, the COMO Foundation, Club 21 Pte. Ltd., COMO Club Pte. Ltd. and their respective related companies.

By accessing and/or using any part of the Online Platforms and/or using any of the Services provided by COMO Shambhala, whether in person at our Offline Platforms, Online platforms or otherwise, 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

1.1 Centre Wellness Services at CS Establishments.

(a) COMO Shambhala offers wellness services within its CS Establishments, including but not limited to group and private yoga and Pilates sessions, massage and spa treatments, naturopathy sessions, traditional Chinese medicine, osteopathy, physiotherapy and life and wellness coaching. You may access the full schedule of centre wellness Services and make bookings via our Website or the CSUE app (powered by MindBody), which is the booking platform which we utilise for centre wellness Services (“Booking Platform”).

(b) Specific terms and conditions applicable to the centre wellness Services, including but not limited to package and pricing details, payment policy, CaseTrust policy, cancellation and refund policy, are available on our Website as well as the Booking Platform, which are incorporated herein by reference.

(c) For the avoidance of doubt, spa and wellness services offered in hotels owned and operated by our affiliate, COMO Hotels and Resorts, do not constitute part of the Services and are not governed by these Terms but will be subject to such other separate terms and conditions as may be specified by COMO Hotels and Resorts.

1.2 Online Services via CS Platforms.

(a) COMO Shambhala offers Services through digital content on our CS Platforms via a freemium model. Limited content is available for free users who are not on a paid subscription.

(b) Full access to all Services and digital content available on the CS Platforms can be unlocked by purchasing a:

(i) Short-Term Day Pass – available as a one-time, short term 1-day / 3-day / 7-day pass ("CS Platform Day Pass”) which is not a rolling subscription and terminates at the end of the validity period without automatically rolling over; OR

(ii) Subscription – available as a monthly / yearly automatic rolling subscription ("CS Platform Subscription").

The CS Platform Day Pass and the CS Platform Subscriptions are hereinafter collectively referred to as “CS Platform Purchases”) Such full access is only available while the paid CS Platform Purchase is active and subsisting. The prevailing fees applicable to each respective CS Platform Purchase ("CS Platform Fees") are available on our CS Platforms.

(c) The payment terms in Clause 2.4 apply when you purchase a CS Platform Purchase. The CS Platform Fees are non-refundable unless otherwise stated.

(d) Please be informed that it may take up to 24 hours for us to process and activate your purchased CS Platform Purchase upon your registration. During this activation period, you may not be able to access certain content. You will be able to access all available content when your CS Platform Purchase has been successfully activated. Please contact digitalteam@comoshambhala.com if you encounter any problems accessing our content thereafter.

(e) By subscribing to the CS Platform Subscription, you acknowledge and agree that your subscription will automatically renew regularly, and unless and until you or COMO Shambhala cancels your subscription, you authorize us to charge your Payment Card for your continued subscription for the then-applicable CS Platform Fees. You must cancel your CS Platform Subscription before it renews to avoid the billing of the fees for the next subscription period. The CS Platform 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 COMO Shambhala 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 CS Platform Subscription) shall be suspended until payment is received.

(f) Your CS Platform Subscription is not transferable and may only be used by you (the individual who signed up for the account on the CS Platform).

(g) COMO Shambhala reserves the right to change or modify the terms of the CS Platform Subscription such as CS Platform Fees, frequency, or date of charge. In such event, we will take commercially reasonable efforts to provide you with reasonable notice of such change. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have taken effect. If you do not agree with the changes to our pricing terms then your only recourse is to cancel your CS Platform Subscription.

(h) You may cancel your CS Platform Subscription at any time by clicking the "Unsubscribe" button available on the CS Platform or, if you had purchased your CS Platform Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. If you cancel your subscription prior to the expiration of your pre-paid subscription period:

(i) the auto-renewal of your CS Platform Subscription will automatically terminate in such event;

(ii) you will continue to receive the Services ordered until the end of your current subscription period; and

(iii) you will not receive a refund for the fees you already paid for your current subscription period.

1.3 Online Services via Third-Party Platforms.

(a) COMO Shambhala may offer wellness services such as pre-recorded courses and materials via Third-Party Platforms. If you use a Third-Party Platform to access and use the Services, COMO Shambhala may access and exchange your personal data with the Third-Party Platform on your behalf.

(b) Specific terms and conditions applicable to such Services provided via Third-Party Platforms will be made available on the relevant Third-Party Platform.

(c) Your use of Third-Party Platforms is subject to such additional terms and conditions as such Third-Party Platforms may impose on you (“Third-Party T&Cs”) and you are solely responsible for your compliance with all such Third-Party T&Cs. COMO Shambhala hereby disclaims all representations and warranties with respect to such Third-Party Platforms and takes no liability or responsibility for your breach of the Third-Party T&Cs or the Third-Party Platforms’ breach of the Third-Party T&Cs. These Third-Party T&Cs are subject to change at such Third-Party Platforms’ discretion.

2. GENERAL TERMS RELATING TO SERVICES, ACCOUNTS AND PAYMENT

2.1 Lawful Use. 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.

2.2 Intellectual Property Rights. You expressly acknowledge and agree that your access to and use of the Services is subject to the intellectual property provisions set out in Clause 6 below.

2.3 Your Account.

(a) Certain Services permit or require you to create an account on the Online Platforms to enjoy additional services and benefits that we provide. By completing the registration procedures displayed on the relevant registration page(s), 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.

(b) By providing us with your personal data in the course of registering your account with us, you acknowledge and agree that COMO Shambhala may use, store, process and/or disclose your personal data in accordance with our Privacy Policy.

(c) 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 COMO Shambhala for any Services.

(d) 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. COMO Shambhala 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.

(e) You acknowledge and agree that COMO Shambhala 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 COMO Shambhala, the other users of the Website and Services, and the public. However, under no other circumstances will COMO Shambhala intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy.

(f) You may terminate your account at any time and for any reason, by using the relevant function in the applicable Online Platform, but any such termination will be effective only after COMO Shambhala has processed the request.

2.4 General Payment Terms. Access to and use of the Services are subject to certain fees which are more particularly set out in the relevant Online Platforms. You will be notified of the relevant fees for each service.

(a) You will be required to provide your credit card, debit card or other payment card ("Payment Card") details and other relevant information such as Payment Card expiry date and billing address (“Payment Information”) at the time of payment. By providing any Payment Card details to us, you represent and warrant that such payment information is correct, and belongs to you or you have the authority to use such Payment Card, and you have the legal right to use all payment method(s) represented by any such Payment Information. You further acknowledge and agree that we may use, store and disclose your Payment Card details in accordance with our Privacy Policy.

(b) By initiating a transaction with us, you authorize us to provide your Payment Information to third party service providers so we can complete your transaction and you agree (a) to pay the applicable fees and any taxes; (b) that we may charge your credit card or third-party payment processing account, including, but not limited to, your account with an app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the CS Platform is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.

(c) 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.

(d) COMO Shambhala reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances that we deem appropriate in our sole discretion. COMO Shambhala also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). COMO Shambhala will either not charge you or refund the charges for orders that we do not process or cancel.

(e) Where applicable, you are responsible and liable for any costs and expenses, including attorney and collection fees, that COMO Shambhala 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 COMO Shambhala.

(f) 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 digitalteam@comoshambhala.com (for CS Platform enquiries) and enquiry@comoshambhala.com (for all other enquiries). If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

(g) In addition to this Clause 2.4, each online Service may be subject to one or more specific payment terms as set out in the relevant Online Platform.

3. DISPUTES

3.1 At COMO Shambhala, we are committed to providing you with a pleasant and enriching wellness experience. If you have any queries or issues relating to the Services or any feedback, please contact us at digitalteam@comoshambhala.com (for CS Platform enquiries) and enquiry@comoshambhala.com (for all other enquiries), and we endeavour to be in touch with you within seven (7) days.

4. COMPLIANCE WITH ADDITIONAL TERMS, HOUSE RULES, POLICIES AND LAWS

4.1 You will be required to comply with any house rules or policies as COMO Shambhala may impose from time to time by written notification to you. You also have the duty to ensure that your conduct and behaviour within any of our CS Establishments and through the use of the relevant Online Platforms and/or Services comply with all applicable laws and regulations.

4.2 The use of certain features of the Services may be subjected to additional terms, rules, policies or codes of conduct as determined by COMO Shambhala from time to time, and you will be required to comply with the same in using them. All such additional terms, rules, policies or codes of conduct are hereby incorporated by reference into these Terms.

4.3 If you fail to comply with any provisions of these Terms, COMO Shambhala reserves the right, without prejudice to its other rights, to (i) request that you leave the premises of any of our CS Establishments , (ii) suspend or terminate the provision of any Service (whether in person at our CS Establishments , online via the relevant Online Platforms or otherwise) to you without liability to you.

5. CONFIDENTIALITY

5.1 COMO Shambhala shall at all times keep confidential and not disclose to any third-party confidential information except as permitted by this Clause 5 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 its own confidential information.

5.2 Notwithstanding Clause 5.1 above, COMO Shambhala may disclose confidential information:

(a) to COMO Shambhala affiliates, Third-Party Platforms and and third-party payment providers;

(b) to its officers, directors, employees, auditors, advisors, subcontractors 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 COMO Shambhala to perform its obligations under these Terms;

(c) 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

(d) to any other person where necessary for the performance of its obligations under these Terms with your consent.

5.3 Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 5 shall survive the termination or expiration of these Terms for a period of two (2) years thereafter.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 The CS Platforms, Services 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 COMO Shambhala and its affiliates (whether in person at our CS Establishments , online via the Online Platforms or otherwise) (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 COMO Shambhala or its affiliates.

6.2 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.

6.3 Except as otherwise expressly provided and agreed to in writing by COMO Shambhala, 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.

6.4 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.

6.5 COMO Shambhala and its affiliates 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 COMO Shambhala, including those on the Online Platforms.

7. PERSONAL DATA

7.1 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 with us 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 COMO Shambhala and its affiliates and be disclosed in accordance with our privacy policy (“Privacy Policy”).

7.2 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.

8. DISCLAIMERS

8.1 Disclaimers. You acknowledge and agree that the Online Platforms and the Services are offered without warranties of any kind whatsoever by COMO Shambhala and/or the providers of any content on the Online Platforms and/or via the Services. The disclaimer of warranties includes, but is not limited to, the following:

(a) although COMO Shambhala provides its products and 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. Any individual results using the Services may vary;

(b) while we use all reasonable efforts to include accurate and up-to-date information in the Online Platforms, COMO Shambhala 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. COMO Shambhala assumes no liability or responsibility for any errors, omissions or completeness of the information provided in the content of the Online Platforms. Information provided is subject to change at any time without prior notice;

(c) the Online Platforms are provided on an “as is” basis without warranties of any kind and COMO Shambhala does not warrant that the functions provided in Online Platforms 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;

(d) while COMO Shambhala shall use our best endeavours to prevent any unauthorised entry to the CS Platforms, 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 CS Platforms;

(e) any material which you download or otherwise obtain through the use of the Online Platforms (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 COMO Shambhala 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 Online Platforms, or any uploading, downloading of any Content or information (all of which are not authorised) from the Online Platforms;

(f) the Online Platforms may contain links to other websites and pages which are not controlled, maintained or endorsed by COMO Shambhala 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 COMO Shambhala 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. COMO Shambhala does not represent or exercise control over such third party and such third party is neither an agent nor servant of COMO Shambhala. Any data or any information which you give to any other entity after leaving the Online Platforms is entirely at your own risk. COMO Shambhala 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 COMO Shambhala 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;

(g) no data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, COMO Shambhala 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

(h) the Online Platforms and the Services are provided on an “as is” and “as available” basis and COMO Shambhala 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, the Online Platforms and any third-party websites with which they are linked.

9. ACKNOWLEDGEMENT OF RISKS AND LIMITATION OF LIABILITY

9.1 You undertake that you shall not participate in any physical activity, therapy or exercise programme via COMO Shambhala’s Services if you have any of the following pre-existing medical conditions that may affect your ability to do physical activities:

(a) a heart condition;

(b) chest pain;

(d) bone or joint problem;

(e) prescription drugs for blood pressure or heart condition; or

(f) any other reason why you should not do physical activity.

If you do have any of the above conditions or are older than age 69 and you wish to participate, please inform COMO Shambhala and provide us with a written certification from a licensed medical practitioner that you are fit to participate in the Services. If your health condition changes at any point such that any of the above conditions apply, please inform COMO Shambhala and provide a written certification from a licensed medical practitioner that you are still fit to participate in the Services.

9.2 We strongly recommend that you consult with your physician or other licensed healthcare provider before beginning any physical activity, therapy or exercise programme via COMO Shambhala’s Services, whether in person at our CS Establishments, online via the Online Platforms or otherwise and you acknowledge that it is your responsibility to have a physical examination and obtain your physician’s permission prior to participating in such activities. It is also your responsibility to secure personal health insurance in advance, if desired.

9.3 You acknowledge full understanding of the possibility of or inherent dangers, risks and hazards associated with your participation in the Services and understand that when participating in any physical activity, therapy or exercise, there is the possibility of physical injury. By engaging in any of the fitness exercises via any of COMO Shambhala’s Services, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury illness, death, damage, or loss to yourself or your property that you may suffer while and/or resulting from your participation in the Services or use of any products purchased from COMO Shambhala, whether in person at our CS Establishments, online via the Online Platforms or otherwise. 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.

9.4 To the maximum extent permitted by law, COMO Shambhala is not responsible for and shall not be liable for any injuries, illnesses, death, harm, losses or damages (whether arising out of active or passive acts of negligence, action or inaction, on the part of COMO Shambhala or its personnel) of any kind arising out of or in connection (whether directly or indirectly) with your use of the Online Platforms , your participation in any of COMO Shambhala’s the Services and/or your use of any products purchased from COMO Shambhala, whether in person at our CS Establishments, online via the Online Platforms or otherwise. Accordingly, you hereby release, indemnify and hold harmless COMO Shambhala 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, illnesses, death, harm, losses or damages of any kind arising out of or in connection with your use of the Online Platforms, your participation in any of COMO Shambhala’s the Services and/or your use of any products purchased from COMO Shambhala, whether in person at our CS Establishments, online via the Online Platforms or otherwise.

10. INDEMNITY

10.1 You agree to indemnify and hold COMO Shambhala 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 COMO Shambhala and/or any of its affiliates may suffer or incur due to or arising out of in connection with:

(a) your breach of any of the provisions of these Terms;

(b) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; and

11. GENERAL PROVISIONS

11.1 Feedback. Any questions, comments, suggestions, feedback and/or information which is sent to us via the Online Platforms will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. COMO Shambhala 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.

11.2 Access to CS Platforms and/or Services. COMO Shambhala reserves all rights to deny or restrict access to the CS Platforms and/or Services to any person, or to block access from any internet source or address to the CS Platforms and/or Services at any time in its sole discretion, and without providing any notice or reason.

11.3 Modification and Discontinuation of Services. COMO Shambhala reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently all or any part of the CS Platforms 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 CS Platforms and/or the Services.

11.4 Force Majeure. COMO Shambhala 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 COMO Shambhala’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 COMO Shambhala, (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.

11.5 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 Online Platforms or until terminated by COMO Shambhala.

11.6 Modification of Terms. COMO Shambhala 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 Online Platforms and any of the Services after such changes are posted on the Online Platforms 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 Online Platforms 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 Online Platforms and the Services.

11.7 No Waiver. No failure, delay, relaxation or indulgence on the part of COMO Shambhala 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.

11.8 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.

11.9 Third Party Rights. Except for all affiliates of COMO Shambhala and its affiliates, no other person shall have any rights under the Contracts (Rights of Third Parties) Act 2001 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.

11.10 Entire Agreement. These Terms constitute the entire agreement between you and COMO Shambhala with respect to your use of the CS Platforms and 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 COMO Shambhala 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 COMO Shambhala and/or its affiliates.

11.11 Governing Law. These Terms shall be governed by and interpreted in accordance with the laws of Singapore.

11.12 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 CS Platforms and the Services (including a dispute regarding the existence, validity or termination of these Terms (a “Dispute”).