These terms of service (these “terms”) are the terms and conditions by which we, ESet Asia Pte. Ltd., supply our ESET products (“Software”), the Help-Desk Service (as defined in clause 5) and any other services offered by us via https://www.eset.com/sg/ (the “Website”) to you (collectively, the “Services”).

1. Why you should read them.

   1. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem, and other important information, including warranties, limitations of liability and an indemnity.
   2. By using the Website, or by placing an order for the Software via the Website, by telephone, email or post, you agree that you accept and will be bound by these terms regardless of whether or not you choose to register for an account with us. If you do not accept these terms, please do not use the Website and/or make an order for the Software.
   3. These terms include and refer to the following additional terms, which also apply to your use of the Website and which form part of the contract between us:
      1. Our Privacy Policy sets out our policy concerning the collection, use and disclosure of your personal data in compliance with the Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”). By using the Website, you consent to our collection, use and disclosure of your personal information in the manner set out in our Privacy Policy and you warrant that all personal data provided by you is accurate. Should you have any feedback or enquiries relating to your personal data, please contact our Data Protection Officer at sg.store@eset.com.
      2. Our Legal Terms, which contains important legal information concerning the content of the Website. These terms apply to all users of and visitors to the Website.
      3. Our Return Policy, which sets out supplementary terms and conditions relating to the return of any Software purchased through the Website.
   4. If you think that there is a mistake in these terms, please contact us to discuss.

2. Consumers only.

   1. These terms apply to consumer customers only. If you are a business, separate terms and conditions will apply to the supply of Software and/or the Help-Desk Service.
   2. By making a purchase for the Software under these terms for consumers, you warrant to us that you are a consumer customer (being an individual acting for non-commercial purposes which are wholly or mainly outside that individual’s trade, business, craft or profession). It is a condition of any contract made in accordance with these terms that you are a consumer customer. If we find out that you are a business customer (being a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf), then we may terminate the contract in accordance with clause 13.1.1 and you may be required to compensate us for your breach of the contract in accordance with clause 13.2.

3. GENERAL TERMS OF SERVICE

   1. The provisions set out in these terms govern your access to the Website and your use of the Services and shall constitute a legally binding agreement between you and us.
   2. Subject to you agreeing to abide by these terms, we hereby grant to you a personal, non-exclusive, revocable and non-transferable licence to use our Services made available via the Website on these terms.
   3. You shall be solely responsible for maintaining the confidentiality of any account maintained with us, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account and we shall be indemnified against any loss or damages, including but not limited to the loss of profits suffered as a result of the mishandling or misuse of your account.
   4. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to the Website or your account at any time, or remove or edit content (including content submitted by you) on the Website or on any of our affiliated websites.
   5. We reserve the right to change, modify, suspend or discontinue any portion of the Services, Website or any other products, services, affiliated websites and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties. Due to the nature of the internet, we do not guarantee the continuous and uninterrupted availability and accessibility of the Website and/or the Services.

4. INFORMATION ABOUT US AND HOW TO CONTACT US

   1. Who we are.

      We are Eset Asia Pte. Ltd. (UEN 201004421D) of 3 Anson Road, #12-01/02 Springleaf Tower, Singapore 079909.

   2. Our head licensor.

      We are licenced by our head licensor, ESET, spol. s r. o., having its registered office at Einsteinova 24, 851 01 Bratislava, Slovak Republic (“ESET, spol. S.r.o.”), to grant you access to the Software. Before you can use the Software, you will also need to agree to ESET, spol. S.r.o.’s relevant end-user licence agreement or other licence terms included with the Software (“Licence Agreement”).

   3. How to contact us.

      You can contact us by writing to us at sg.store@eset.com.

   4. How we may contact you.

      If we have to contact you we will do so by telephone or by writing to you at the email address or postal address that you provide to us in your order.

5. OUR CONTRACT WITH YOU

   1. How you may order Software.

      You may make an offer to purchase Software by placing an order via the Website, phone or email. We accept Visa, American Express, PayPal and Mastercard. PayPal is available for one-time purchases only (not auto-renewals).

   2. How we will accept your order.

      Our acceptance of your order will take place when we email you to confirm that we have accepted it (“Acceptance”), at which point a contract will come into existence between you and us for the purchase of the Software. Our Acceptance will include the activation key with Software installation instructions and a tax invoice.

   3. If we cannot accept your order.

      If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the Software. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Software.

6. THE SOFTWARE

   1. Intellectual Property Rights in the Software.

      All intellectual property rights in the Software are owned by our head licensor, ESET, spol. s r. o. and/or its authorised licensors. ESET, spol. s r. o. reserves all rights to the Software, save as expressly granted under the Licence Agreement.

   2. Licence Agreement.

      We are licenced to grant you access to the Software, but subject to you agreeing to enter into the Licence Agreement with ESET, spol. s r. o. As such, the Software supplied by us should not be installed until you have agreed to the terms of the Licence Agreement. The Software is licensed, not sold (which means that you do not acquire ownership of the Software, but only acquire the right to use it as detailed in the Licence Agreement and these terms). The Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that:
      1. this is permitted in the Licence Agreement; or
      2. applicable law expressly allows such a right which cannot legally be excluded by contract.

   3. Licence Period.

      Your right to use the Software shall be time limited. The term of your use of the Software shall commence on the date of your agreement to the Licence Agreement and shall continue for the period of time confirmed in our Acceptance (“Licence Period”), unless terminated earlier in accordance with these terms and conditions. Where you have opted for annual auto-renewal under clause 10.6, your Licence Period under the existing Licence Agreement will be extended upon each annual auto-renewal for a further period of 1 year, or such other duration as specified during your purchase selection, and any reference to Licence Period in these terms shall be deemed to include any such extension(s).

   4. Updates to the Software.

      1. During the Licence Period, and under the condition that you have entered into the Licence Agreement, we will provide periodical updates to the Software so as to continually protect your device(s) against viruses or malware. No prior notification of such updates will be given and therefore we require you to fully comply with your obligations under clause 6.5.1 to ensure that such updates are successfully received by your device(s).
      2. Where the Licence Agreement ends for any reason, we will immediately cease to provide any updates and, as a consequence, your device(s) may not be protected against viruses or malware. Where the Licence Agreement ends for any reason, you must therefore fully comply with clause 6.5.2 and we shall have no liability to you for loss suffered if you fail to do so.

   5. Your obligations in respect of the Software.

      You must fully comply with the following obligations throughout the Licence Period:
      1. You must ensure that all of your devices have access to the internet to receive our updates under clause 6.4.1. We shall have no responsibility where you suffer a loss because we have been unable to update the Software on your device(s) due to you failing to comply with this clause.
      2. If the Licence Agreement ends for any reason, you must immediately remove the Software from your device(s). If you continue to use the Software on your device(s) you acknowledge and accept that no further updates will be sent by us under clause 6.4 and as a consequence, your device(s) may no longer be protected against viruses or malware and you therefore do so entirely at your own risk.

7. THE SERVICES

   1. Technical support services.

      Subject to the following conditions, we are able to offer you, at no charge, a help-desk service to assist you with any problems that you might have with installing the Software and a technical support help-desk service during the Licence Period to use the Software (“Help-Desk Service”):
      1. the Help-Desk Service shall be supplied during normal business hours (9.00 am to 5.00 pm (SGT) Monday to Friday excluding public holidays) and shall cover only the following scope: email, chat and telephone support, which will assist in addressing ESET and malware related issues related to installation and maintenance and by supplying you with trouble shooting advice and/or the appropriate documented (known) solution(s);
      2. in providing the Help-Desk Service we shall provide the services with reasonable care and skill. However as there is no charge to you for using the Help-Desk Service, the services shall be provided without any warranty, guaranty or representation of any kind whatsoever;
      3. it is your sole responsibility to back up all your data, software and programs before making use of the Help-Desk Service;
      4. as the Help-Desk Service is a complimentary service, we shall be under no obligation to supply the Help-Desk Service and we reserve the right to withdraw, suspend or to terminate the Help-Desk Service at any time;
      5. we cannot guarantee any response times when you make an enquiry through the Help-Desk Service;
      6. by making use of the Help-Desk Service, you agree that we shall have no liability to you whatsoever for any loss or liability that you may suffer and which arises from your use of or our provision of the Help-Desk Service except where such loss or liability is due to any negligent act or omission on our part; and
      7. where the Licence Agreement ends for any reason, we shall have no further obligation to provide the Help-Desk Service to you. We may suggest that you renew your Licence Agreement and may assist you to do so, however we shall have no liability for any loss suffered by you during any period in which the Licence Agreement has ended and/or as described in clause 6.4 and/or clause 6.5.

   2. YOUR RIGHTS TO MAKE CHANGES

      If you wish to make a change to the Software you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Software, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

   3. OUR RIGHTS TO MAKE CHANGES

      1. Minor changes to the Software and/or the Help-Desk Service.

         We may change the Software and/or the Help-Desk Service:
         1. to reflect changes in relevant laws and regulatory requirements; and/or
         2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Software and/or the Help-Desk Service.

      2. Updates to the Software.

         We may update or require you to update the Software, provided that the Software (following any update) shall always materially match the description of it that we provided to you before you bought it.

      3. Updates to these terms and conditions and/or the Licence Agreement.

         We may update these terms and/or the Licence Agreement from time to time, including to reflect changes in relevant laws and regulatory requirements. If we do update these terms and/or the Licence Agreement, we will notify you and you may then contact us to end the contract before the change takes effect and receive a refund for any Software paid for but not received.

   4. PROVIDING THE SOFTWARE

      1. When we will provide the Software.

         We will make the Software available for download by you as soon as we issue our Acceptance and you confirm your agreement to the Licence Agreement. We will continue to supply the Software to you until the Licence Period expires or you end the contract as described in Clause 12 or we end the contract by written notice to you as described in Clause 13. Delivery of the information referred to in clause 5.2 shall be to a valid e-mail address submitted by you. You are responsible for checking your email address details on any Order Acknowledgement we provide and notifying us without delay of any errors or omissions. We shall have no liability for failing to provide the Software where you have not fully complied with clause 10.3 below.

      2. We are not responsible for delays outside our control.

         If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Software you have paid for but not received. Examples of events outside our control include, but are not limited to:
         1. strikes, lock-outs or other industrial action; or
         2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
         3. fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; or
         4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
         5. impossibility of the use of public or private telecommunications networks; and
         6. lockdowns or suspensions or closures of supply or transport networks.

      3. What will happen if you do not give required information to us.

         We may need certain information from you so that we can supply the Services to you, for example, a valid email address and the full name of the person who will enter into the Licence Agreement and use the Software. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it. It is your responsibility to inform us if your information changes during the term of the contract, even where we have not asked for it, and we shall have no liability for any loss you suffer as a result of us being unable to provide any Service, any periodic updates to the Software and/or any auto-renewal under clause 10.6 as a result of you not promptly providing us with such updated information.

      4. We may suspend supply of the Services if you do not pay.

         If you do not pay us for any sum due to us when you are supposed to, we may suspend supply of the Software, the Help-Desk Service and/or any other Service related to the foregoing until you have paid us the relevant sum in full. We will contact you to tell you we are suspending supply of any Service until we have received full payment in cleared funds.

      5. We may suspend supply of the Services if you use the Software on more devices than you have paid for under your order for the Software.

         If you use the Software on more devices than you have paid for under your order for the Software, we may, at our sole discretion either:
         1. suspend the supply of the Software, the Help-Desk Service and/or any other Service related to the foregoing until you have paid for all such additional use in full; or
         2. terminate the contract in accordance with clause 13.1.4.

      6. Annual auto-renewal of the contract for the Software.

         If you have opted for the ESET subscription model (details of which will be provided to you on the Website, we will annually auto-renew your contract for the Software and the following provisions of this clause 10.6 will also apply to you.
         1. Reminders. We will send you reminders by email that your contract for the Software is due to be auto-renewed, 30 days prior to the date on which the Licence Period for the Software is due to expire. This email will confirm the renewal price.
         2. Payment of Software purchased under the subscription model. You will be charged the renewal price set out in our email to you on the date of the renewal. The renewal price will, unless otherwise stated by us, be the Recommended Retail Price (“RRP”) which applies at the date of renewal.
         3. Opting out of the annual auto-renewal of the Software. You may opt out of the annual auto-renewal of the Software at any time, on the condition that no payments are due and outstanding to us. You may unsubscribe by clicking on the UNSUBSCRIBE link in the confirmation email we send you. You can also unsubscribe before your licence expires by clicking on the unsubscribe link included on ESET’s renewal reminder emails that will be sent to you before the expiry date. Turning off your subscription will not immediately cancel your licence or end your protection. Your ESET protection will continue until the Licence Period expires. We will notify you by email before your license expires so you can renew manually.
         4. Updating your information. Upon annual auto-renewal, payment shall be taken for the next year upfront using the payment details we currently hold for you and the Software and/or any updates to the Software will be supplied to you using the information we currently hold for you. We shall have no liability for any loss you suffer as a result of us being unable to complete the annual auto-renewal, provide the Software and/or the Help-Desk Service and/or any periodic updates to the Software on any device(s) and/or any other Services relating to the foregoing as a result of you failing to promptly advise us of your updated information in accordance with clause 10.3.

   5. WARRANTY

      1. For major failures with any Service arising from our default, you are entitled:
         1. for major failures with any service (including the Software), to cancel your service contract with us and to a refund on a pro-rata for the unused portion or to compensation for its reduced value; or
         2. for major failures with any product, to a refund of the product price or a replacement,
      2. in each case, provided that the failure is notified to us, and (if applicable) the product is returned to us at your own cost, within 30 days of the date of purchase. Refunds and replacements after this period will be subject to our prior written approval.
      3. If a failure with the goods or service does not amount to a major failure arising from our default, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
      4. We are not obliged to offer any replacement, rectification or refund under this clause 11 if the goods or service has been tampered or modified in any manner other than as expressly permitted by us in writing.
      5. We may at any time request for more information to assess the failure and / or process the refund prior to any such refund or replacement. Please refer to clause 12 and our Return Policy for more information.

   6. HOW TO END THE CONTRACT WITH US

      1. Tell us you want to end the contract.

         If you wish to end the contract with us for any Software, please let us know by emailing us at sg.store@eset.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. We will assess whether you are eligible for any refund for Services paid but not provided to you under the contract.

      2. How to return the software and receive a full refund

         1. To receive a full refund (where there are no failures with the goods or services we provide), you must cancel your software licence and your subscription within 30 days of purchase. If you do so, you will no longer have a licence to access or use the relevant Software, you will no longer be protected by the ESET security solution and will not receive any software updates. If you change your mind you can purchase a new licence and secure your devices at any stage.
         2. If you cancel your licence and your subscription after 30 days from the date of purchase you will not be eligible for a refund. You will however continue to have access to your subscription for the remainder of the Licence Period. You will not be charged the annual fee again, unless you re-subscribe.
         3. If the cancellation is due to any failures with the goods or services we provide, please provide us the necessary information in accordance with clauses 11 and 12.1 so that we can assess whether you are eligible for any refunds or replacements.
         4. If you have opted for the annual auto-renewal of the contract for the Software under clause 10.6, you will have a 30 day “cooling-off period” from the date on which each annual payment for the Software is charged by us, including where you have downloaded and begun using the Software. After the initial 30 day “cooling-off period”, you may still cancel the contract but you will not be eligible for a refund. You will however continue to have access to your subscription for the remainder of the Licence Period. You will not be charged the annual fee again, unless you re-subscribe.

      3. How we will refund you.

         We will refund you the price you paid for the Software by the method you used for payment. However, we may make deductions from the price, as described at clause 13.2. Please ensure that all information provided to us is accurate and complete to avoid any errors or delays in processing of refunds.

      4. When your refund will be made.

         We will use reasonable endeavours to process your refund within 14 days of your request for a refund. However, as such refunds may be processed through third party payment service providers, we cannot guarantee when the refund will be effected and we will not be liable for any delays in relation thereto.

   7. OUR RIGHTS TO END THE CONTRACT

      1. We may end the contract if you break it.

         We may end the contract for any Service at any time by writing to you if:
         1. you warrant that you are a consumer under clause 2.2 and enter into a contract under these terms as a consumer customer, but we have reasonable grounds to believe that you are a business customer and/or are acting for purposes relating to your trade, business, craft or profession, whether acting personally or through another person acting in your name or on your behalf;
         2. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
         3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service;
         4. you use the Software on more devices than you have paid for under your order for the Software and fail to pay for all additional usage when requested to do so by us;
         5. you fail to enter into, or materially breach the terms of, the Licence Agreement, including (but not limited to) where you have opted for annual auto-renewal under clause 10.6;
         6. you fail to fully comply with your obligations under clause 6.5;
         7. the Software is discontinued and/or it becomes not possible for us to supply the Software for any reason; or
         8. you breach the terms of this Agreement, the Licence Agreement or any other contract between us at any time.

      2. You must compensate us if you break the contract.

         If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Software we have not provided but we may deduct or charge you reasonable compensation for the net costs we have incurred or will incur as a result of your breaking the contract.

   8. IF THERE IS A PROBLEM WITH THE SOFTWARE

      If you have any questions or complaints about the Software and/or the Help-Desk Service, please email us at sg.store@eset.com.

   9. PRICE AND PAYMENT

      1. Where to find the price for the Services.

         1. The price of the Software (which includes goods and services tax) will be the price indicated on the order pages of our Website when you placed your order. We take all reasonable care to ensure that the price of the Software advised to you is correct.
         2. The Help-Desk Service is provided free of charge.
         3. The price of any other Service (if applicable) will be set out on the Website or otherwise notified in writing to you.

      2. Price during and after a promotion.

         If you first purchase Software using a promo code or during a promotion, the discounted price that you pay for the Software only applies to your initial purchase. Should you renew your Software licence, you will be charged the RRP at the time of renewal.

   10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

       1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

          This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights.

       2. If defective Software which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.

          However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

       3. “As is” and “as available” basis

          We provide the Services, Website and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and the Website is at your sole risk.

       4. Implied warranties are excluded to the extent permissible under law.

          These terms sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Website. Except as expressly stated in these terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and the Website which might otherwise be implied into, or incorporated in, these terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Website, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

       5. We are not liable for business losses.

          The Services are supplied to you for domestic and private use only. We and our subsidiaries, holding companies or ultimate holding company and any subsidiary of our ultimate holding company (as such terms are defined in the Companies Act (Cap. 50) of Singapore) and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns (collectively, our “Related Parties”) have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms (including but not limited to the use of, or inability to use, the Services, the Website or any other website or software) for:
          1. loss of profits, sales, business, business opportunity, or revenue;
          2. business interruption;
          3. loss of anticipated savings;
          4. loss or corruption of data or information;
          5. cost of substitute products or services from the use of or inability to use the Services; or
          6. any other incidental, special, indirect or consequential loss or damage.

       6. We are not responsible for the acts and commission of third parties.

          You further acknowledge and agree that your access and use of the Services is dependent on third-party service providers such as internet, network, connectivity or other link providers. Your payment for any Service purchased via the Website may be processed by third party payment system providers and we do not retain or process any such payment information. We cannot guarantee the security of such third-party payment system(s) or any payment data on the Website, we are not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Website, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.

       7. Indemnity.

          You agree to indemnify and hold us and our Related Parties harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of the Website, Services and/or any websites or software in relation thereto or otherwise, and whether under these terms, any laws or regulations or otherwise and / or violation of any rights of another person by you.

   11. HOW WE MAY USE YOUR PERSONAL INFORMATION AND MARKETING UPDATES

       1. How we may use your personal information.

          We will only use your personal information as set out in our privacy policy, available on our website.

       2. Email marketing

          You can always opt-out from the marketing updates we send via email, however you will not be able to unsubscribe from e-mails that are:
          1. related to your method of payment; or
          2. notify you that you are about to be charged to cover your licence subscription for a further year (where you have a subscription).

   12. Restrictions

       1. Except as expressly set out in these Terms or as permitted by any local law, you undertake not to:
          1. violate or breach any applicable law or regulation in any relevant jurisdiction in your use of the Website or the Services;
          2. reproduce, copy, modify, adapt, alter, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, the Website or any of the contents therein for any commercial or other purposes;
          3. dilute, tarnish or otherwise harm our brand in any way, including through registering and/or using “ESet” or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to our domains, trademarks, taglines, promotional campaigns;
          4. provide or submit any false or misleading information and/or documents to us, including (but not limited to) false names, date of birth or other personal data; or
          5. endeavour to circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to circumvent an account suspension or closure.

   13. OTHER IMPORTANT TERMS

       1. We may transfer this agreement to someone else.

          We may transfer our rights and obligations under these terms to another organisation.

       2. You need our consent to transfer your rights to someone else.

          You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

       3. Nobody else has any rights under this contract.

          This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

       4. If a court finds part of this contract illegal, the rest will continue in force.

          Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

       5. Even if we delay in enforcing this contract, we can still enforce it later.

          If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

       6. Which laws apply to this contract and where you may bring legal proceedings.

          These terms are governed by the laws of Singapore and in the event of any dispute of claim, the parties irrevocably submit to the exclusive jurisdiction of the courts of Singapore.