The terms and conditions set out below constitute a legally binding agreement (the “Agreement”) between you (also referred to herein as “you”, “your”) and Mighty Jaxx International Pte Ltd (“Mighty Jaxx”, “we” or “us”), governing this application for selection as a Friend of Mighty Jaxx.
1. You represent and warrant that:
a) you are the applicant in this application and are at least 18 years old;
b) the information that you have provided in this application form is true and accurate; and
c) you have not previously submitted any Friend of Mighty Jaxx application.
If any of the above is untrue or incorrect, this application is void.
2. Mighty Jaxx is entitled to decide, in its sole and absolute discretion, whether or not to select you to be a Friend of Mighty Jaxx. Mighty Jaxx’s decision shall be final and not subject to any review or appeal.
3. In the event that Mighty Jaxx decides to select you as a Friend of Mighty Jaxx:
a) Mighty Jaxx will inform you of this outcome by email to the email address provided in this application form within thirty (30) days from the close of submissions of applications and invite you to enter into a Friend of Mighty Jaxx Agreement (“Friend Agreement”). You will only be appointed as a Friend of Mighty Jaxx if you accept the Friend Agreement.
b) You are to accept the Friend Agreement within seven (7) days after it is sent to you.
c) If you fail to comply with b) above, the invitation to enter into the Friend Agreement lapses and this application is deemed to have been withdrawn.
d) If you accept the Friend Agreement, the terms of the Friend Agreement shall be binding on you. At such time, if any of the terms herein conflicts with that of the Friend Agreement, the terms of the Friend Agreement shall prevail.
Unfortunately, Mighty Jaxx will not be informing unsuccessful applicants on the outcome of their applications.
4. The terms of this Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore (excluding choice of law rules).
5. All disputes, controversies or claims between you and us arising out of or in connection with this Agreement (including its existence, validity or termination) shall first be submitted for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure in force for the time being. Either you or us may submit a request to mediate to the other party and the SMC, upon which the other party will be bound to participate in the mediation within thirty (30) days thereof. Each party must be represented at the mediation by person(s) equipped with authority to negotiate and settle the dispute. Unless otherwise agreed between yourself and us, there shall be one (1) Mediator which will be appointed by SMC and the costs of the mediation shall be borne by the parties in equal shares. The mediation will take place in Singapore and be conducted in the English language, and the parties agree to be bound by any settlement agreement reached.