1.1 The terms of this user agreement (“Terms”) govern your access and use of our web site, services, content and information (collectively, our “Site”). If you do not accept any of these Terms, please do not access or otherwise use the Site or any Tools or Services contained therein. Your access and/or use of our Site shall be deemed to be an acceptance of these Terms.
1.2 In these Terms, “we”, “us” and “our” refers to Smart Satu Global Pte. Ltd. (“Smart Satu Global”), a company incorporated under the laws of Singapore. “You” and “your” refers to any person who is a visitor, client or person otherwise using or accessing the Site, the Tools or the Services.
1.3 We may revise these Terms at any time without notice to you. The revised Terms will take effect when notified to you.
1.4 We may modify or discontinue any information or features that form part of our Site at any time, without notice to you, and without liability. We may also, in our discretion, cease to operate our Site at any time, but will give you advance notice of such intention.
1.5 These Terms apply to any updates or upgrades provided by us that replace and/or supplement any part of our Site, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.
1.6 Our Site may contain guidelines and instructions on your use of our Site. You agree to comply with these guidelines and instructions, which are incorporated by reference into these Terms.
- REQUEST INFORMATION
2.1 You represent and warrant that:
- all information provided by you is true, accurate, current and complete to the best of your knowledge and belief;
- you will promptly update any changes to your personal details for request; and
- you are at least eighteen (18) years of age and have the requisite mental and legal capacity in accordance with the applicable laws of Singapore to enter into these Terms and use our Site.
2.2 We reserve the right to reject your application for or suspend your use of the Site.
2.3 When leaving a request, you may be required to provide us with personal information (such as your name, email address, credit card details etc.) in accordance with instructions given through our Site. You represent and warrant that all information that you provide to us is accurate, true and complete. We may, if required or in accordance with applicable laws, check and verify the information you have provided to us. You agree to cooperate and extend to us any assistance that we may require for such checks and verifications.
- RIGHTS AND RESTRICTIONS
3.1 We reserve the right to monitor the access and/or use of our Site by any person and have the sole discretion to refuse access and/or use of our Site by any person at any time without having to give any reason or any prior notice. Your access to and/or use of our Site may also be interrupted, suspended or restricted when we provide any maintenance, support or other services in relation to our Site.
3.2 Your access and/or use of our Site is subject to your compliance with these Terms. With respect to the information in our Site, you are granted, a limited royalty-free, non-exclusive, personal, revocable and non-transferable, license and right to use the Site for your own personal, non-commercial purposes. Our Site is licensed, not sold, to you, and you may only use them as permitted by these Terms. This licence does not transfer any title in our Site to you. We retain all rights in our Site and reserve all rights not expressly granted to you. You will not, and will not permit, any other party to reproduce, copy, modify, create derivative works from, reverse engineer, disassemble, decompile, or otherwise attempt to derive any source code, sell, offer for sale, use (except as authorised by us), assign, sub-license or otherwise exploit our Site.
3.3 Our Site includes content (including articles, audio, video, and other forms of media) that you may access through our Site. With respect to our content, you are granted a limited, non-exclusive, non-transferrable right to only access and view the content for your personal and non-commercial use. The rights granted to you in respect of our content do not transfer any title in our content to you. We retain all rights in our content and reserve all rights not expressly granted to you. You will not, and will not permit any other party to:
- simultaneously use and access our content across multiple devices;
- use our content for public performances; or
- translate, download, reproduce, copy, publish, distribute, modify, display, perform, archive, broadcast, create derivative works from, sell, offer for sale, use (except as authorised by us), license or otherwise exploit our content.
3.4 You will not, and will not permit any other party to:
- use our Site or its contents in connection with any defamatory, obscene, threatening, malicious or otherwise objectionable purpose or material, or any other purpose or material in violation of any statute, rule or regulation in any jurisdiction to which you are subject;
- use our Site or its contents in any way that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights;
- interfere or attempt to interfere with our Site including, “flooding” of networks, deliberate attempts to overload a service, attempts to “crash” us and taking any action that imposes an unreasonable or disproportionately large load on our Site or the associated infrastructure;
- circumvent, or attempt to circumvent, user authentication or security measures (“cracking”) of our Site or any of the accounts any person, including, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, “crawl” or in any way gather our Site and its contents or reproduce or circumvent the navigational structure or presentation of our Site;
- violate any applicable laws, rules or regulations in connection with your access or use of our Site or its contents;
- develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with our Site; or
- remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in our Site or its contents.
3.5 Our Site and its contents and all proprietary and intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us. You acknowledge that you have no right, title, or interest in and to our Site or its contents, and you agree not to challenge the validity of our ownership of or our rights to our Site or its contents.
- TECHNICAL REQUIREMENTS AND CONSENTS
4.1 You acknowledge and agree that the quality and functioning of our Site on your device is dependent on your device, its operating system, and factors such as your geographical location and internet connectivity. You are solely responsible for obtaining the necessary connectivity services and/or equipment to access and use our Site.
4.2 To enable us to provide the Site to you, you consent to:
- receiving electronic communications via email associated with your use of our Site.
- our use of technologies to store and track information such as your frequency of use and online preferences, to assist us in analysing your usage of our Site and to improve your experience with us.
- us collecting and using your device’s technical data and associated information, to facilitate the provision and improvement of our Site, software updates and product support.
4.3 You represent and warrant that you will:
- provide us with all necessary information as may be required by us in order to provide you with products, services, and functions through our Site;
- comply with all applicable laws and regulations with respect to your activities in connection with our Site; and
- comply with all applicable security or encryption standards, rules, procedures and guidelines.
- ASSISTANCE AND CONTACTING US
5.1 We have no obligation to provide any maintenance, support or other services in relation to our SIte, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements.
5.2 Notwithstanding and without prejudice to Clause 5.1, you may contact us at firstname.lastname@example.org for customer support or more information about us or our Site. We will use reasonable efforts to address your queries, but do not warrant that your queries will be responded to within any time frame and/or satisfactorily answered.
- CONTENTS ON OUR SITE
6.1 The contents of our Site include articles, video, and other forms of media. The content available on our Site may vary according to your geographic location and we may change such content from time to time, including by removing existing content or introducing new content.
6.2 THE CONTENTS OF OUR SITE DO NOT PROVIDE OR PURPORT TO PROVIDE ANY PROFESSIONAL ADVICE, AND IS NOT TO BE RELIED UPON AS PROFESSIONAL ADVICE. WE DO NOT WARRANT OR REPRESENT THE TRUTH, ACCURACY, OR EFFECTIVENESS OF OUR CONTENT, OR THAT RELIANCE ON OUR CONTENT WILL LEAD TO ANY PARTICULAR RESULT, GOAL, OUTCOME, ACHIEVEMENT, OR OBJECTIVE. YOUR ACCESS TO AND USE OF THE CONTENTS OF OUR SITE IS VOLUNTARY AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL LIABILITY AND YOU ARE SOLELY RESPONSIBLE FOR:
- YOUR RELIANCE ON SUCH CONTENT; AND
- ANY LIABILITY, LOSS OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF OR RELIANCE ON SUCH CONTENTS.
6.3 You may contact us with a request to remove content on our Site if you have reasonable grounds to believe that the content:
- is defamatory, obscene, threatening, malicious, incites hatred or contains any other objectionable material;
- infringes intellectual property rights or any other proprietary rights or was posted in breach of confidentiality obligations; or
- is illegal.
You shall provide us with the necessary information and documentation we require for us to assess whether your objections are valid. If we are convinced that your objections are valid, we will take steps to remove the content. You represent and warrant that all information provided in connection with such request by you shall be true, accurate and complete.
- HYPERLINKS, SECURITY AND RISKS
7.1 Our Site may contain hyperlinks to other websites, applications, or other locations that are not operated or maintained by us. These hyperlinks are provided for your convenience and we do not, in any circumstances, approve, endorse or accept any responsibility for these locations. Your use and/or access to these locations are entirely at your own risk.
7.2 Where appropriate, we use available technology to protect the security of transactions and communications made through our Site. However, you acknowledge that there are inherent risks (including risks related to security, authenticity, integrity and confidentiality) in electronic communications, messaging and conducting transactions over electronic networks, including interference or interception by third parties. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, WE DISCLAIM LIABILITY FOR THE SECURITY, AUTHENTICITY, INTEGRITY OR CONFIDENTIALITY OF ANY TRANSACTIONS AND OTHER COMMUNICATIONS MADE THROUGH OUR SITE.
- DISCLAIMERS AND LIMITATIONS
8.1 OUR SITE, INCLUDING ITS CONTENTS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY IN RELATION TO OUR SITE (INCLUDING ITS CONTENTS),
- REGARDING TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, ACCESSIBILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUANTITY OF CONTENT, FREQUENCY OF UPDATES, OPERATION, EFFECTIVENESS, OR USEFULNESS;
- THAT IT WILL BE CONTINUOUSLY AVAILABLE OR UNINTERRUPTED IN OPERATION;
- THAT IT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY;
- THAT IT WILL BE ERROR-FREE, UNHACKABLE, UNCOMPROMISABLE AND/OR FREE OF ANY DATA BREACH OR UNAUTHORISED ACCESS (INADVERTENTLY OR INTENTIONALLY THROUGH INTERFERENCE OR INTERCEPTION BY THIRD PARTIES);
- THAT IT WILL BE FREE OF INFECTION BY VIRUSES, BUGS, TROJANS, MALWARE, OR OTHER HARMFUL CODES, SOFTWARE, OR COMPONENTS OF BUGS.
- THAT IT WILL OPERATE OR FUNCTION PROPERLY ON YOUR DEVICES OR OPERATING SYSTEMS, OR WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICES OR OPERATING SYSTEMS; OR
8.2 WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE OR COSTS:
- THAT YOU MAY INCUR AS A RESULT OF YOUR USING OR RELYING ON ANY DATA, CONCLUSION, STATEMENT, OPINION, REPRESENTATION OR INFORMATION ON OUR SITE;
- THAT YOU MAY INCUR AS A RESULT OF YOUR DEALING WITH A THIRD PARTY SERVICE PROVIDER THROUGH OR IN CONNECTION WITH OUR SITE;
- RESULTING FROM ANY DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION FAILURE, INTERNET ACCESS DIFFICULTIES OR MALFUNCTION OF EQUIPMENT OR SOFTWARE;
- ARISING OUT OF OR IN CONNECTION WITH ANY UNAUTHORISED ACCESS TO YOUR ACCOUNT ON OUR SITE;
8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- WE WILL NOT BE LIABLE, IN ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF DATA, BUSINESS, PROFITS OR GOODWILL, LOSS OF USE, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF WE ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF, ACCESS TO OR RELIANCE ON OUR SITE AND ITS CONTENTS.
- YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR ISSUES WITH OUR SITE AND ITS CONTENTS, OR ANY BREACH OF THESE TERMS BY US, SHALL BE TO UNINSTALL AND STOP USING OUR SITE. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, WE ARE LIABLE TO YOU, OUR AGGREGATE LIABILITY TO YOU, REGARDLESS OF THE CAUSE OF ACTION, SHALL NOT, IN ANY EVENT OR FOR ANY REASON, EXCEED THE SUBSCRIPTION FEES PAID BY YOU TO US IN THE [SIX (6)] MONTH PERIOD PRECEDING THE INCIDENT GIVING RISE TO YOUR CLAIM AGAINST US.
9.1 You agree to indemnify us and our directors, officers, shareholders, employees, agents and sublicensee (collectively the “Indemnified Persons”) in respect of any and all claims, losses, damages, expenses (including legal costs on a full indemnity basis), or liabilities (whether criminal or civil) and costs of settlement suffered or incurred by the Indemnified Persons or asserted against them in respect of:
- any unauthorised access and use of our Site by you;
- any breach of these Terms by you;
- our reliance on information, data or records provided by you in connection with your use of our Site;
- any dispute between you and another user of our Site; and/or
- the occurrence of any event due to your act, omission or default which comprises the security or integrity of our Site or its contents.
- CONFIDENTIALITY AND PRIVACY
10.1 You shall, at all times, keep confidential all information provided by us or on our behalf that is marked or is by its nature confidential or proprietary (“Confidential Information”). You shall not disclose or permit to be disclosed the Confidential Information to any third party without our prior written consent. These obligations of confidentiality do not apply to information that is publicly available, already in your possession without confidentiality restrictions or required to be disclosed by order of a court or the relevant governmental authorities.
11.1 We reserve the right to terminate your access to and/or use of our Site, and/or any licence or right that we grant to you, and without liability to you:
- without cause, by providing you with fourteen (14) days prior notice; or
- immediately without prior notice, if:
- you are in breach or will be in breach of these Terms, and if the breach is remediable you have not remedied the breach to our satisfaction and within such time that we may reasonably stipulate;
- you have used or are using our Site for any illegal or impermissible purpose or activity including any activity which may expose or potentially expose us to civil or criminal liability;
iii. we deem fit to do so for security reasons, or to protect our interests, the interests or the interests of other users of our Site;
- we determine that your account is inactive; and/or
- we are required to do so in compliance with any applicable law, or regulation, or we are ordered to do so by any enforcement, regulatory or other governmental authority.
- JURISDICTION AND MISCELLANEOUS
12.1 Use of our Site and these Terms are governed by the laws of Singapore, without reference to conflicts of laws rules.
12.2 Any dispute, claim, controversy or difference arising out of or in connection with these Terms or the use of our Site, including on validity, breach or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC then in force, which rules are deemed to be incorporated by reference in this Clause. The language of the arbitration shall be English. The seat of the arbitration shall be Singapore. The arbitration tribunal shall consist of one (1) arbitrator. Notwithstanding the foregoing, parties shall be entitled to seek urgent temporary injunctive or other equitable relief whenever the facts or circumstances would permit a party to seek equitable relief.
12.3 We are not liable for any loss, damage or penalty resulting from delays or failures in performance if the delay or failure results from events beyond our reasonable control (a “Force Majeure Event”). Force Majeure Events shall include, but are not limited to, acts of God, war, hostility, invasion, act of foreign enemies, rebellion, revolution, riots, civil war, disturbances, requisitioning or other acts of civil or military authority, laws, regulations, acts or orders of any governmental authority, body, agency or official, fires, inclement weather, rain or floods (however caused), strikes, lock-outs or other labour disputes, epidemics, outbreaks, embargoes, breakdown of equipment, plant or machinery (including, but not limited to, data centre, telecommunications systems and utility services) or other catastrophe.
12.4 If any provision in these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. These Terms constitute the entire agreement between us in relation to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or representations. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Other than the Indemnified Persons, a person who is not a party to this these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce these Terms. You may not transfer or assign any of your contractual rights or obligations without our prior written consent. We may, by notice in writing to you, transfer or assign or novate any of our contractual rights and obligations.