10. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY.

1. Governing Law. Any dispute arising from this Agreement will be governed by and construed in accordance with the laws of Singapore, without regard to any conflict of laws principles that would result in the application of the laws of another jurisdiction. Regardless of whether a Dispute (as defined below) is heard in arbitration or in court, you and XREX agree not to initiate or participate in any class action, class arbitration or representative action or proceeding against the other party.

2. Dispute Resolution. Subject to compliance with Paragraph 10.3 below, you agree that all disputes, controversies or differences arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination (“Dispute”), shall be referred to and finally resolved by arbitration conducted in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC”) (“SIAC Rules”), which rules are deemed to be incorporated by reference to this Paragraph 10.2. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. The tribunal shall consist of one arbitrator, to be appointed by the President of the SIAC. PLEASE NOTE THAT ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Notwithstanding Paragraph 10.3.a, you and XREX agree to notify each other in writing (including via electronic Communication) of any Dispute within thirty (30) days from the date the Dispute arises.

3. Procedures Prior to Arbitration:

   1. If you have any Dispute with XREX regarding the Services, you agree to file a Formal Complaint before pursuing any other legal actions. This allows us to attempt resolution of the Dispute effectively and efficiently. A Formal Complaint must be submitted via email to [email protected] as soon as possible with the subject line “Formal Complaint Process” and must include:

      1. Your full contact information;

      2. A detailed description of the issue or Dispute (including relevant dates, times, and parties involved);

      3. Supporting documentation;

      4. The impact of the issue or Dispute on you;

      5. The resolution you are seeking;

      6. All prior communications with XREX personnel; and

      7. A confirmation that the information provided is accurate and all material information have been provided.

   2. Failure to submit a Formal Complaint within thirty (30) days of the Dispute or to provide complete information prior to initiating legal actions or seeking equitable relief may result in XREX requesting the arbitrator or court to issue an injunction, stay proceedings or dismiss the claim until the Formal Complaint Process is completed.

   3. If any such Dispute is not settled amicably within ninety (90) days from the date of your Formal Complaint, the Parties agree to refer the matter to arbitration in accordance with Paragraph 10.2 above. In the event of any conflict between the SIAC Rules and these Terms, these Terms shall prevail.