11. General
We may perform any of our obligations, and exercise any of the rights granted to us under this Agreement, through a third-party. We may assign any or all our rights and obligations under this Agreement to any third-party.
If any clause or part of any clause of this Agreement is found to be unlawful, void, unenforceable or invalid by any court of competent jurisdiction, then it will be severed from this Agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this Agreement.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under this Agreement and conditions or otherwise.
All disclaimers, limitations, indemnities and exclusions in this Agreement shall survive termination of the Terms and shall continue to apply, to the fullest extent permitted by law, during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.
This Agreement and the documents referred to in them set out the entire agreement between you and us with respect to your access and use of the site, Qubit and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.
Any dispute, controversy, or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach or termination thereof, after good faith negotiations may be referred to by either Party for final, binding resolution by arbitration under the arbitration rules of the Singapore International Arbitration Centre (“SIAC�?), which are deemed to be incorporated by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed in accordance with the then effective rules of SIAC. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be Singapore. The governing law shall be the laws of Singapore.
With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Qubit are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.
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