AVI-GO Terms and Conditions

3.1 Scope of User

Any User who accesses the AVI-GO Platform and/or uses the Services is deemed to have accepted the terms of this Agreement and is bound by this Agreement. This includes both non-Member Users and AVI-GO Members.

3.2 Scope of the Agreement

All current Platform Rules and the Privacy Policy are integral parts of this Agreement and have the same legal effect. This Agreement applies to all activities and transactions conducted on or through the AVI-GO Platform.

3.3 Revision of the Agreement

AVI-GO may revise this Agreement as required by applicable laws, regulations, technical conditions, or product features. The revised Agreement will be published and delivered to Users through appropriate means (e.g., website publication, app notification, email). By continuing to use the AVI-GO Platform and/or the Services, Users are deemed to have acknowledged and accepted the terms of the revised Agreement.

4.1 Eligibility and Authorisation of Membership

1) The AVI-GO Platform is membership-based, with full access granted to AVI-GO Members who meet the following eligibility criteria:

• Be at least 18 years old or the age of legal majority in their jurisdiction, whichever is older.
• Have the legal capacity to enter into a binding contract.
• Complete the registration process and provide accurate, current, and complete information as required by AVI-GO.
• Submit the required review materials to AVI-GO and receive approval for full membership.

2) Non-Member Users accessing the AVI-GO Platform without a registered AVI-GO Account are not entitled to access specific content on the AVI-GO Platform and cannot use the Platform's Membership Features. After registering for an AVI-GO Account and logging in, these Users will gain access to certain content but not the Membership Features. Only AVI-GO Members are entitled to use the Membership Features.

• Be at least 18 years old or the age of legal majority in their jurisdiction, whichever is older.
• Have the legal capacity to enter into a binding contract.
• Complete the registration process and provide accurate, current, and complete information as required by AVI-GO.
• Submit the required review materials to AVI-GO and receive approval for full membership.

3)The Member's right to use the Member Account is subject to the Member's continued compliance with all the terms of this Agreement.

• Be at least 18 years old or the age of legal majority in their jurisdiction, whichever is older.
• Have the legal capacity to enter into a binding contract.
• Complete the registration process and provide accurate, current, and complete information as required by AVI-GO.
• Submit the required review materials to AVI-GO and receive approval for full membership.

4.2 Member Account

AVI-GO caters to both Operators and Brokers. Therefore, AVI-GO offers two types of Member Accounts.

Special Note: AVI-GO functions solely as a neutral platform to facilitate transactions between Operators and Brokers, without intervening in any transactions between these parties.

4.3 Account Requirements

Members must ensure that the email account used to register for an AVI-GO Account is a corporate email address. Using a personal email address may result in the inability to use some Services, such as the email contact function. The Member is solely responsible for any issues arising from using a personal email address.

4.4 Account Usage

• Each Member's Account can only be used by the corresponding Member who opened the Account. The Member may grant access only to authorised representatives. The Account cannot be shared with any other third party.
• The Member is solely responsible for any operations and actions occurring on the Account. It is not a defence to any breach of this Agreement, the Platform Rules, and/or the Privacy Policy, that the User is not an authorised representative of the Member. The Member is responsible for ensuring that all Users of the Account comply with this Agreement.

4.5 AVI-GO Member's Undertakings and Warranties

The AVI-GO Member hereby undertakes and warrants that:

(a) Where the AVI-GO Member is a corporation:

(i) it is duly formed and validly existing under the laws of its place of business, registration, and incorporation;

(ii) it has full right and authority to enter into and to perform its obligations on the terms and conditions of this Agreement, and this Agreement represents its legal, valid and binding obligations enforceable in accordance with its terms; and

(iii) any person logging into the Member Account has been authorised to act on behalf of the Member;

(b) Where the AVI-GO Member is an individual, he/she has full legal capacity to enter into, and to perform his obligations on the terms and conditions of this Agreement, and this Agreement represents his legal, valid and binding obligations enforceable in accordance with its terms;

(c) all information provided by the Member to AVI-GO is, and will continue to be, true, correct, and non-misleading;

(d) when submitting any proof of aircraft availability through the AVI-GO Platform with the intention of presenting the aircraft availability to other Members, the Member undertakes and warrants that:

(i) the relevant aircraft is available for charter;

(ii) the Operator of such aircraft has a valid Air Operator's Certificate or Part 135 Certificate for such aircraft; and

(iii) the registration number provided is valid and relevant to the aircraft being offered;

(e) the Member shall comply with all applicable laws and all applicable industry standards, including obtaining all necessary licences and/or approvals in connection with the performance of its obligations hereunder; and

(f) the Member is not insolvent and is not in liquidation proceedings.

5.1 Registration Process

Users must complete the registration form available on the AVI-GO Platform. This includes providing accurate, current, and complete personal and contact information. By registering for an Account, Users agree to provide accurate and truthful information.

5.2 Required Information

Users must provide their full name, valid email address, contact number, and any other information required by AVI-GO during the registration process. Users must ensure that the information provided is accurate, current, and complete at all times.

5.3 Types of Accounts

• Broker Account: Designed for Brokers who source flights on behalf of clients. Brokers must provide additional details about their brokerage services and agree to adhere to AVI-GO's brokerage guidelines.
• Operator Account: Designed for Operators who list available flights. Operators must provide additional details about their aircraft and operations, including compliance with aviation laws and regulations.

5.4 User IDs and Passwords

Upon successful registration, Users will receive a unique user ID and must create a secure password. Users are responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their Account. Users must notify AVI-GO immediately of any unauthorized use of their Account.

5.5 Sharing of Accounts

Each Account is intended for use by the individual or entity that registered it. Users are prohibited from sharing their Account credentials with others. Any unauthorized sharing of Account details may result in suspension or termination of the Account. Users must ensure that Account information is kept secure and confidential.

5.6 Verification

AVI-GO reserves the right to verify the information provided by Users during the registration process. This may include verifying the User's identity, contact information, and other relevant details. Failure to provide accurate and verifiable information may result in the suspension or termination of the Account.

6.1 Acquisition of Software

Users agree to acquire the AVI-GO App only by downloading it from the official AVI-GO website or from authorised third parties (e.g., Apple App Store, Google Play Store). AVI-GO is not responsible for software obtained from unauthorised sources and does not guarantee its functionality or bear liability for any loss resulting from its use. AVI-GO is not liable for any loss if users modify the software with unauthorised plugins, extras, systems, or third-party tools.

6.2 Installation and Uninstallation of Software

AVI-GO has developed different software versions of the AVI-GO App for various devices. Users should download the appropriate version for their devices and follow the installation steps prompted by the programme. Users may uninstall the software if they no longer need it or to install the latest version. AVI-GO appreciates feedback on the reasons for uninstallation.

6.3 Software Updates

To improve User experience, AVI-GO will periodically provide software updates, which may include replacements, modifications, feature enhancements, or version upgrades. AVI-GO reserves the right to update the software for the AVI-GO App or change its functionality without prior notice. Users should download the latest version of the AVI-GO App promptly as older versions may lose functionality.

6.4 Changes, Interruptions, and Termination of Services

As the Services involve internet and mobile communications, they may be affected by various factors. AVI-GO is not liable for service interruptions, cancellations, or terminations due to force majeure, technical issues, or other factors beyond its control. AVI-GO may also perform regular or occasional maintenance on the Platform, during which Services may be temporarily unavailable. Users will be notified in advance whenever possible.

6.5 User Responsibilities

Users are responsible for ensuring that their devices are compatible with the AVI-GO App and for maintaining their devices' security and integrity. Users must promptly install updates to ensure optimal performance and security of the AVI-GO App.

7.1 Guidelines for Operators on Posting Flights

Operators using the AVI-GO Platform must adhere to the following guidelines when posting flight listings:

• Accuracy: Ensure that all flight details, including aircraft type, availability, pricing, and terms, are accurate and up-to-date.
• Compliance: Comply with all applicable aviation laws and regulations, including safety and maintenance standards.
• Transparency: Provide clear and transparent information about any additional fees, cancellation policies, and booking terms.
• Responsiveness: Respond promptly to booking requests and inquiries from brokers and users.

7.2 Guidelines for Brokers on Sourcing Flights

Brokers using the AVI-GO Platform must adhere to the following guidelines when sourcing flights:

• Verification: Verify the credentials and reliability of Operators before making bookings on behalf of clients.
• Transparency: Provide clients with clear and transparent information about flight options, pricing, and terms.
• Compliance: Ensure that all sourced flights comply with applicable aviation laws and regulations.
• Professionalism: Maintain a high standard of professionalism in all communications and transactions on the AVI-GO Platform.

8.1 Code of Conduct for AVI-GO Users

All Users hereby undertake that by accessing the AVI-GO Platform and using any of the Services, they shall be deemed to be expressly aware of the following code of conduct and undertake to strictly comply with it by refraining from any of the following behaviour when using the AVI-GO Platform:

Interference: Users shall not interfere with, disrupt, modify, or otherwise affect the proper functioning of the Services by using any plug-ins, extras, systems, or third-party tools that are not authorised or licensed by AVI-GO.

Network Security: Users shall not perform any act that compromises the security of a computer network using or targeting the AVI-GO Platform, including but not limited to:

• Illegal Intrusion: Activities that jeopardise network security, such as illegal intrusion into the network, interference with the normal functioning of the network, and theft of network data.
• Unauthorised Tools: Providing programmes and tools specifically designed to engage in activities that endanger network security, such as intrusion into the network, interference with the normal functioning of the network and protective measures, and theft of network data.
• Support of Illegal Activities: Providing technical support, advertising and promotion, and payment and settlement assistance to others who are known to be engaged in activities that endanger network security.
• Unauthorised Data Access: Use of unauthorised data or access to unauthorised servers/Accounts.
• Unauthorised Access: Accessing the public computer network or another person's computer system without permission and deleting, modifying, or adding stored information.
• Probing and Scanning: Unauthorised attempts to probe, scan, test the vulnerability of the AVI-GO Platform's systems or networks or otherwise commit acts that undermine network security.
• Disruption: Attempting to interfere with or disrupt the normal operation of the AVI-GO Platform's systems or websites, intentionally spreading malicious programmes or viruses, and other acts that disrupt and interfere with normal network information services.
• Packet Falsification: Falsification of TCP/IP packet names or partial names.
• Reverse Engineering: Reverse engineering, reverse assembling, compiling, or otherwise attempting to discover AVI-GO's source code for the AVI-GO Platform.
• Data Theft: Stealing data and content from the AVI-GO Platform in any way, directly or indirectly.
• Legal Compliance: Violation of laws and regulations, this Agreement, the Platform Rules, other rules of the Platform, and other acts that violate the legitimate rights and interests of others.

9.1 Submission of User Data

The Services allow Users to submit content to or transmit content through the AVI-GO Platform, which includes, but is not limited to, data, graphics, images, or other information, collectively referred to as "User Data".

9.2 Responsibility for User Data

The User shall be solely responsible for the authenticity and legality of User Data submitted to or transmitted through the AVI-GO Platform, for which AVI-GO shall not be liable.

9.3 License Grant

By submitting User Data to, or transmitting it through, the AVI-GO Platform, the User grants AVI-GO a perpetual, irrevocable, royalty-free, worldwide licence to use such User Data. This licence includes AVI-GO's right to store, use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, transmit, display, and exploit the content (in whole or in part) for commercial/non-commercial promotion and to use the content in any other form of work, media, or technology now known or hereafter developed, and the right to sub-license to a third party.

9.4 Right to Deletion

Upon the request of the User, AVI-GO agrees to delete a specific portion of the User Data within a reasonable period after receipt of the User's written request. AVI-GO may also delete User Data at its sole discretion if the User Data is untrue or violates laws, regulations, or any other normative document currently in force.

10.1 Collection of User Information

The primary objective of the Services is to store, analyse, and exchange information. By using the Services, and subject to Clause 11 below relating to Personal Data, the User agrees and acknowledges that AVI-GO may collect, process, and use information in a number of ways. Such information includes, but is not limited to, information about the User, User Data, information about activity on the AVI-GO Platform, use of the Services, and messages sent or received by the User through AVI-GO.

10.2 Use of User Information

AVI-GO may use all User Information in accordance with the provisions of this Agreement and the Privacy Policy, provided that AVI-GO will neither sell nor knowingly transfer or disclose to any third party contact information, pricing data, and trip scheduling data provided by the User for use by a party related to the User's specific individual end customer, except in the form of "general statistics" and in situations as listed below:

• To subsidiaries, affiliates, contractors, service providers, successors;
• Where such disclosure is required by law.

10.3 Privacy of Others

If AVI-GO provides a User with User Information about another User, the User agrees that the User shall use such information only for the purposes that it is provided to the User as communicated by AVI-GO to such User, and that the User may not disclose or distribute User Information to a third party for any other purpose. Marketing communications shall only be sent to Users who have consented to receive such communications, which shall be subject to applicable laws.

The collection, use and disclosure of Personal Data shall be in accordance with the Privacy Policy and all applicable laws. Please refer to the Privacy Policy for more details.

12.1 Ownership of Content

Apart from the information materials and User Data which are attributable to the relevant partners and third parties, AVI-GO and/or its Content suppliers owns the copyright and all other related legal rights and interests in all content on the AVI-GO Platform, including but not limited to the name “AVI-GO”, trade names, text, images, graphics, tables, animations, programmes, software, logos, button icons, software, and other materials, either individually or in combination. Such legal rights and interests are protected by international copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws.

Nothing in this Agreement shall imply or constitute that AVI-GO has transferred or licensed any ownership rights, intellectual property rights, or licensing rights to any User.

12.2 Authorised Use

Without AVI-GO's prior written authorisation, Users are prohibited from any unauthorised use of content belonging to the AVI-GO Platform, including but not limited to copying, distributing, displaying, mirroring, uploading, downloading, and using in an unlawful manner any such content.

12.3 Conditions for Authorised Use

Any authorised viewing, copying, printing, and distribution of content belonging to the AVI-GO Platform is subject to the following conditions, even if the User has obtained prior written authorisation from AVI-GO:

• Information Use: Only information can be obtained;
• Non-Commercial Use: Not to be used for commercial purposes;
• Copyright Notice: All authorised viewing, copying, printing, and dissemination of the content must reflect the copyright notice as set out in this article.

12.4 Prohibited Actions

Users may not use, copy, modify, or distribute any content from the AVI-GO Platform without prior written consent from AVI-GO. Any unauthorized use of the content may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes, and AVI-GO reserves the right to take legal action against such Users.

12.5 User-Generated Content

By submitting Content to the AVI-GO Platform, Users grant AVI-GO a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. Users represent and warrant that they own or otherwise control all the rights to the Content they submit and that the use of their Content by AVI-GO does not violate the rights of any third party.

To the fullest extent permitted under applicable law, Users waive their right to enforce their intellectual property rights, including any moral rights, in the Content, against AVI-GO, its assignees and sublicensees, and their assignees in connection with AVI-GO's, those assignees', and those sublicensees' use of that Content in connection with AVI-GO's provision, expansion, and promotion of the Services.

12.6 Infringement Contact

AVI-GO respects intellectual property rights and has a policy of removing third-party content that violates copyright, trademark, or other intellectual property laws. AVI-GO may suspend or terminate access to Services and Accounts that violate such laws. Claims of copyright infringement can be reported via email at contact@avi-go.com.

13.1 Use and Integration of Third-Party Services

Parts of the Services may allow Users to use third-party products and services and may link to other websites operated by third parties or to content provided by third parties. These products, services, websites, and resources are referred to herein as "Third-Party Services".

13.2 Disclaimer of Responsibility for Third-Party Content

AVI-GO is not responsible for the content of any Third-Party Services. The inclusion of any link to Third-Party Services does not imply endorsement by AVI-GO of those services. Users access Third-Party Services at their own risk.

13.3 User Responsibility for Third-Party Services

AVI-GO User hereby undertakes to seek legal redress in relation to any Third-Party Services only directly from the corresponding third party (not from AVI-GO). Users are responsible for reviewing the terms and conditions and privacy policies of any Third-Party Services before using them.

14.1 Fee Structure

The use of certain features of the AVI-GO Platform may be subject to fees. The fee structure will be communicated to Users during the Account registration process and may be updated from time to time. Users are responsible for all applicable fees associated with their use of the AVI-GO Platform.

14.2 Payment Terms

Users agree to pay all fees in accordance with the terms set forth by AVI-GO. Payments are due immediately upon invoicing unless otherwise specified. Users must provide valid payment information and authorise AVI-GO to charge the applicable fees to their payment method.

14.3 Changes to Fees

AVI-GO reserves the right to change its fee structure at any time. Users will be notified of any changes to fees in advance. Continued use of the Platform after such changes have been communicated constitutes acceptance of the new fees.

15.1 General Limitation

To the maximum extent permitted by applicable law, AVI-GO shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses suffered by the User, resulting from:

• The User's access to or use of or inability to access or use the AVI-GO Platform.
• Any conduct or content of any third party on the AVI-GO Platform.
• Any content obtained from the AVI-GO Platform.
• Unauthorised access, use, or alteration of your transmissions or content.
• Downloading the incorrect version of the AVI-GO App or using an outdated version of the AVI-GO App.
• Any loss incurred due to the use of unauthorised or non-official versions of the AVI-GO App.
• Any loss incurred due to the unauthorised installation of third-party software.

15.2 Specific Liability Exclusions

1) AVI-GO shall not be liable for any impediment, defect, delay, or change in the performance of the Services due to:

• Force majeure such as natural disasters, strikes, riots, wars, governmental acts, judicial administrative orders, etc.;
• Public service factors like power supply failures, communication network failures, or third-party factors; or
• Routine or emergency maintenance, equipment and system failures, or network information and data security issues where AVI-GO has exercised good faith management.

2) AVI-GO shall not be liable for damages arising from the User's improper use of the Services, any unlawful use, or changes to the information provided by the User. Users are advised to take precautions against such damage

3) AVI-GO shall not be liable for any consequential damages, including loss of goodwill, profits, revenue, business interruption, contracting opportunities, anticipated benefits, and other indirect, incidental, or punitive damages.

4) If an AVI-GO Member violates this Agreement or the Platform Rules, AVI-GO shall have the right to freeze the Member's Account and suspend the Services until the breach is resolved.

5) Users shall be fully liable for any loss (including direct and indirect economic loss) suffered by AVI-GO due to the User's actions, third-party claims, or penalties imposed by authorities.

6) Users agree to provide AVI-GO with a defence if any third party claims that the User's conduct infringes their rights and leads to litigation or disputes against AVI-GO. AVI-GO reserves the right to mount a sole defence at its own expense and seek recourse against the User.

15.3 Maximum Liability

In no event shall AVI-GO's aggregate liability for all claims related to the Services exceed the amount paid by the User to AVI-GO for the Services giving rise to such claims during the twelve (12) months preceding the claim.

15.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to such Users. In these jurisdictions, AVI-GO's liability will be limited to the fullest extent permitted by applicable law.

16.1 User Indemnification

Users agree to indemnify, defend, and hold harmless AVI-GO, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

• The User's use of and access to the AVI-GO Platform.
• The User's violation of this Agreement.
• The User's violation of any rights of another party, including without limitation any intellectual property, privacy, or other proprietary rights.
• The User's breach of any applicable laws, regulations, or rules.

16.2 Process for Claims

AVI-GO will provide notice to the User of any such claim, action, or demand and will assist the User, at the User's expense, in defending any such claim, action, or demand. The User agrees to cooperate fully with AVI-GO in the defence of any such claim, action, or demand.

16.3 Settlement

The User shall not settle any such claim, action, or demand without the prior written consent of AVI-GO. AVI-GO reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.

17.1 Termination by User

Users may terminate their Account at any time by following the instructions provided on the AVI-GO Platform. Upon termination, Users must cease all use of the AVI-GO Platform and any associated Services.

17.2 Termination by AVI-GO

AVI-GO reserves the right to suspend or terminate a User's Account and access to the Platform at its sole discretion, without prior notice, for any reason, including but not limited to:

• Violation of this Agreement or the Platform Rules.
• Failure to pay any fees due.
• Engagement in fraudulent or illegal activities.
• Any behaviour that AVI-GO deems harmful to the Platform or other Users

17.3 Consequences of Termination

Upon termination of a User's Account, the User will lose access to all Services and any data associated with the Account. AVI-GO will not be liable to the User or any third party for any termination of the User's Account or access to the Platform.

17.4 Survival of Terms

The terms of this Agreement that by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.

18.1 Right to Modify

AVI-GO reserves the right to modify or update this Agreement at any time to reflect changes in the law, the AVI-GO Platform, technical conditions, product features, or AVI-GO's business operations. Such modifications or updates will be effective immediately upon posting.

18.2 Notification of Changes

AVI-GO will notify users of any significant changes to this Agreement by posting a notice on the AVI-GO Platform or by sending an email to the address associated with the User's account. Users are encouraged to review the Agreement periodically to stay informed of any changes.

18.3 Acceptance of Changes

By continuing to access or use the AVI-GO Platform after changes are made, Users agree to be bound by the revised Agreement. If a User does not agree to the new terms, they must stop using the Platform and terminate their Account.

19.1 Disclaimer

1) AVI-GO shall use commercially reasonable endeavours to ensure that the AVI-GO Platform is available 24 hours a day, 7 days a week. Notwithstanding the foregoing, AVI-GO reserves the right to make the Platform and other Services unavailable from time to time to allow for the installation of new versions, to perform maintenance, or to carry out activities to protect or improve the Platform and Services. AVI-GO will not be responsible for unavailability and downtime caused by force majeure or other events and circumstances beyond AVI-GO's control. Failures in data transmission, communication facilities issues, and failures caused by any Member's non-compliance with AVI-GO's instructions or policies will be considered beyond AVI-GO's control.

2) All Users expressly acknowledge that AVI-GO is neither a charter broker nor a charter operator and serves merely as a third-party information platform with no vested interest. Even if AVI-GO indirectly facilitates a transaction, arrangement, or any other commercial activity between a charter broker and an operator, AVI-GO itself is not involved in the transaction and will not be a party to any contract relating to the above commercial activities. AVI-GO is not responsible for the effects or subsequent results of any such commercial activities and shall not be held liable.

3) AVI-GO Users expressly acknowledge that:

l The qualification information of AVI-GO Members displayed on the Platform is provided by the Members themselves, and AVI-GO does not guarantee the material truthfulness and accuracy of this information, and the party providing such information is ultimately responsible for its accuracy. Any User entering into transactions based on this information shall not claim liability from AVI-GO. AVI-GO does not guarantee the material truthfulness and accuracy of the Air Operator's Certificate of any aircraft displayed on the Platform. Any User entering into transactions based on this information shall not claim liability from AVI-GO. Any errors in the information can be reported to AVI-GO via email at contact@avi-go.com. AVI-GO will update and adjust the information after verification.

19.2 Advertising and Commercial Marketing

AVI-GO reserves the right to place commercial advertisements or other commercial information in various ways while providing Services, subject to applicable laws and regulations.

AVI-GO has the right to determine the form, duration, location, and content of advertisements without interference from any third party.

19.3 Independent Legal Entity

AVI-GO and Users are independent legal entities. The User's acceptance of this Agreement or use of any Services does not create an agency, partnership, joint venture, or any other such relationship.

19.4 Partial Invalidity and Waiver

If any provision of this Agreement is declared invalid, void, or unenforceable, the Parties shall modify the Agreement to fulfil its spirit and purpose. If modification is not possible, the invalid provision shall be deleted, while the rest of the Agreement remains in effect.

20.1 Governing Law

This Agreement shall be construed, interpreted, and governed by the laws of Singapore, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

20.2 Dispute Resolution

• Negotiations: In the event of any dispute arising out of or in connection with this Agreement, the parties shall first attempt to resolve the dispute through amicable negotiations.
• Arbitration: If the dispute cannot be resolved through negotiations within 30 days, any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) for the time being in force, which rules are deemed to be incorporated by reference in this clause. Any decision of the tribunal in any matter within this clause will be final, binding and incontestable and may be used as a basis for enforcement thereon in Singapore or elsewhere.
• Arbitration Procedure: The tribunal shall consist of one arbitrator to be appointed by the President of the Court of Arbitration of the SIAC, and the language of the arbitration shall be English. The seat of arbitration shall be Singapore.
• Individual Capacity: AVI-GO and Users each undertake that, in the event that a dispute between them is to be resolved by arbitration, AVI-GO and Users may only commence arbitration against the other party in their unilateral capacity as a party, and not as members of a class or in any representative capacity. The arbitrator shall have no authority to consolidate individual claims into a class proceeding, and may only conduct individual arbitration.
• Interim Measures: Either party may apply to any court of competent jurisdiction for interim or conservatory relief, including, without limitation, pre-arbitration attachments or injunctions, and such application shall not be deemed incompatible with this Agreement nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
• Confidentiality: The parties agree to keep confidential the existence of the arbitration, the arbitration proceedings, and the decisions and awards made by the arbitrator, except as may be required by law or to protect or pursue a legal right.

20.3 Jurisdiction

Subject to the foregoing, the parties submit to the exclusive jurisdiction of the courts of Singapore for the purposes of enforcing any arbitration award or seeking interim or conservatory relief as specified in clause 22.2.4.