AGREEMENT TO TERMS AND CONDITIONS
Last updated [June 17, 2020]
This Agreement constitutes a legally binding document between the following parties: (a) The Company (b) The Customer (c) The user.
Provided that at any given time, this Agreement shall bind the Company, the Customer, and the user.
Provided that such Agreement shall come into effect from the day when this Agreement has been uploaded on the webSite or mobile application, as the case may be.
Provided that at any given time, this Agreement shall bind the Company and the Customer or user as the case may be.
Definitions in the Agreement to be understood subject to exceptions:
For the purposes of this Agreement, the following terms shall mean to imply:
- The Company: Any use of the term “Company” within this Agreement means Omnirio Pte Ltd including but not limited to its subsidiaries, holding companies, and any and all branches present across different jurisdictions.
- The Customer: Any use of the term “Customer” within this Agreement shall mean to include any individual, business, be it sole proprietorship or otherwise, that is availing the services offered by the Company, whether in part or full, irrespective of the duration of such usage of the service.
- The User: Any use of the term “user” within this Agreement shall mean to include any individual, business, be it sole proprietorship or otherwise, who has viSited the Company’s webSite, or mobile application as the case may be, at any time on or after the date of incorporation of this Agreement.
- Content: Any use of the term “Content” within this Agreement shall mean to include any and all source code, databases, functionality, software, webSite designs, audio, video, text, photographs, and graphics on the webSite, or mobile application, as the case may be, that is the intellectual property of the Company either through ownership or otherwise.
- Marks: Any use of the term “Marks” within this Agreement shall mean to include any and all intellectual property, including but not limited to tradeMarks, service Marks, and logos contained on the webSite or mobile application, as the case may be, that is the intellectual property of the Company either through ownership or otherwise.
Provided that, the Company reserves the right to amend, delete, modify the scope of any of these definitions, as and when the Company deems fit.
- The Site: Any use of the term “Site” within this Agreement shall mean to include any and all webSites, and mobile applications owned by the Company, including but not limited to affiliate webSites, cloud servers, and any and all portals as the Company may disclose from time to time.
Scope and Extent of the Operation of the Agreement
- The scope of this Agreement shall mean to include any access granted by the Company pertaining to its software service including but not limited to its webSite, mobile application, cloud service and any and all modes of service as may be introduced by the Company from time to time.
- Provided that nothing in this Agreement shall be interpreted to prevent the Company from expanding the scope of this Agreement as and when the time arises, as and when the Company deems fit.
Provided that any amendment to this Agreement will be updated on the Company’s webSite with the updated date of such amendments, and that it will be the obligation of the Customer or user, as the case may be to familiarize himself with the updated terms and conditions.
Provided in the case of absence of consent either on the part of the Customer or user, such Customer or user can approach the Company either by sending an email to the Company’s email address, the registered phone number, or by sending a grievance report to the Company at its’ registered headquarters.
Provided that nothing in this Agreement shall be used for or distributed by any person or business, be it sole propietorship or otherwise, in any jurisdiction or country, where such use or distribution is contrary to the law of the particular country. Any and all use and distribution, which is contrary to the aforesaid law, shall exempt the Company from any liability whatsoever.
Provided that any and all information furnished by the Company through the use of this webSite or mobile application, as the case may be, is to be consumed by the user or Customer of their own accord, and bear the obligation to ensure that such consumption of information is not contrary to the laws of the particular country, as to the extent such laws are applicable. Any and all consumption of such information, if not done of one’s volition, or with disregard to the prevailing local laws of the country, shall not impose any liability whatsoever on the Company.
USE OF INTELLECTUAL PROPERTY RIGHTS SUBJECT TO EXCEPTIONS:
- Unless otherwise indicated, any and all intellectual property, including but not limited to source code, databases, functionality, software, webSite designs, audio, video, text, photographs, and graphics on the webSite, or mobile application, as the case may be (Hereinafter reffered to as the “Content”) are owned or controlled by the Company, through onwership or otherwise, and are protected by copyright and trademark laws and various other intellectual property rights and competition laws of Singapore, foreign jurisdictions, and international conventions.
- Unless otherwise indicated, any and all intellectual property, including but not limited to tradeMarks, service Marks, and logos contained therein (Hereinafter reffered to as “Marks”) are owned or controlled by the Company, through onwership or otherwise, and are protected by copyright and trademark laws and various other intellectual property rights and competition laws of Singapore, foreign jurisdictions, and international conventions.
- All Content and Marks present on the website or mobile application, as the case may be, is provided to the user or Customer for the consumption of information and is limited to such user’s or Customer’s personal use.
- Unless otherwise provided, no part of the Content or Marks shall be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the express prior written consent of the Company.
Provided that consent under this subclause shall mean to include a signature by the concerned individual, digital or otherwise, and attested by a witness.
- All use and consumption under this clause shall mean to include granting a provisional and limited license to access the Site for such use, and consumption, as the user or Customer sees fit.
Provided that under no circumstances, shall such use or consumption of the such grant of license be used to reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise be exploited for any commercial purpose whatsoever, without the express prior written consent of the Company.
REPRESENTATIONS MADE BY USER/CUSTOMER
By using or consuming the Contents, Marks, and any and all information contained therein, as the case may be, such user or Customer represents and warrants that:
(1) all registration information submitted is true, accurate, current, and complete to the best of such users/Customers’ knowledge.
(2) Such user or Customer, as the case may be, will maintain and preserve the accuracy of such information and promptly update such registration information as necessary;
(3) Such user or Customer, as the case may be, has the legal capacity and you agree to comply with these Terms and Conditions;
(4) Such user or Customer, as the case may be, is not under the age of 13;
(5) Such user or Customer, as the case may be, is not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(6) Such user or Customer, as the case may be, is not permitted to access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) Such user or Customer, as the case may be, is not permitted to use the Site for any illegal or unauthorized purpose;
(8) Such user or Customer, as the case may be, has the obligation to ensure that such use or consumption of the Site will not violate any applicable law or regulation.
Provided that in the event it comes to the Company’s notice that any information furnished was untrue, inaccurate, incomplete, factually incohesive, and in violation of any of the aforementioned rules, the Company bears the right to suspend or terminate your account and refuse any and all future use of the Site or any portion thereof.
Provided also that in lieu of such suspension or termination, the Company is not obligated to refund any portion of the amount already paid by the Customer, whether in part or full.
Provided also that in such an event, the Company has the right to be restituted by way of adequate compensation through a mode that is just, fair and equitable and takes into consideration the interests of the Company and any damage if any to the goodwill, name, or overall brand image of the Company.
Provided also that such compensation amount shall also take into consideration the amount due to the Company by causing distress, agony, and any and all factors which hindered or attempted to hinder the efficient functioning of the Company.
Any user or Customer as the case may be, will be required to register with the Site. By doing this, the user or Customer agrees to keep the password confidential and will be responsible for all use of the account and password.
Provided that in the event the Company decides that any username is inappropriate, obscene, or otherwise objectionable, the Company bears full right to remove, reclaim or ask the user or Customer, as the case may be, to change the said username.
The user or Customer, as the case may be, shall not access the Site for such use or consumption for any purpose other than that for which the Company makes the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user or Customer of the Site, you agree not to: systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without explicit written consent from the Company.
make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on the Site. use the Site to advertise or offer to sell goods and services, unless explicitly so allowed.
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content or Marks contained therein.
engage in unauthorized framing of or linking to the Site.
trick, defraud, or mislead the Company including, but not limited to other users and Customers, as the case may be, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of the support services provided by the Company, or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the Site in order to harass, abuse, or harm another person.
use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
harass, annoy, intimidate, or threaten any of the employees of the Company including any agents engaged in providing any portion of the Site to you.
delete the copyright or other proprietary rights notice from any Content.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
- The Site, and the corresponding software privided by the Company may invite you to chat with the Company’s officials, including but not limited to salespersons, executives and any and all members as the Company deems fit.
- The Site may enable you to participate in other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content and materials to us or on the Site or software, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Provided that any Contributions you transmit will be non-confidential and as such any data received by us will be deemed to be our intellectual property. By providing any and all information to us, you relinquish your data to us, and grant us the right to use the data howsoever we deem fit.
- When you create or make available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable as we see fit. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site, including but not limited to restitution by way of adequate compensation.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
Provided that the Company, may accept, reject, or remove reviews as it deems fit. The Company bears no obligation whatsoever to screen reviews or to delete reviews, irrespective of the fact that anyone considers such reviews to be objectionable or inaccurate.
Provided that any and all reviews are not endorsed by the Company, and do not necessarily represent the opinions or views of the Company or any of our affiliates or partners.
Provided that the Company does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all Content relating to reviews, to the Company.
MOBILE APPLICATION LICENSE
User/Customer License Regulations Subject to Exceptions
- If a user or Customer, as the case may be, accesses the Site via a mobile application, the Company will grant such user or Customer a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
Provided that, any such user or Customer, as the case may be, shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with such use or consumption of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by the Company or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any webSite or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms shall apply when a user or Customer, as the case may be, uses or consumes a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) Any and all licenses granted to you for the mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions;
(2) The Company is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you must comply with applicable third-party terms of Agreement when using the mobile application.
5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
- As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (a) providing your Third-Party Account login information through the Site; or (b) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
- Provided that you represent and warrant, to the best of your abilities, that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
- Provided that by granting the Company access to any Third-Party Accounts, you understand that (a) The Company may access, make available, and store, if the Company deems fit, any Content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (b) The Company may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Provided in the case a Third-Party Account or associated service becomes unavailable or such access to such Third-Party Account is terminated by the third-party service provider, then the Social Network Content may no longer be available on and through the Site.
Provided that in such an event, you will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
Provided that your relationship with the third-party service providers associated with your third party accounts is governed solely by your Agreement(s) with such third-party service providers.
Provided also that the Company is under no obligation to make any effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and that the Company is not responsible whatsoever for any Social Network Content.
- By signing this Agreement, you, as the user or Customer, acknowledge and agree that the Company may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
Provided that in the event you wish to deactivate the connection between the Site and your Third-Party Account, you can contact the Company by way of email, telephone call, or any other appreciable mode of communication, as the case may be, using the contact information attached at the end of this Agreement, or through your account settings (if applicable). The Company, for its part, will delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
- By signing this Agreement, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to the Company are non-confidential and shall become our sole property.
- The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Provided that you hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no legal recourse taken against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
REGULATIONS REGARDING SITE MANAGEMENT
Notwithstanding anything contained in this Agreement, the Company reserves the right, but is under no obligation to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) limit, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) user or Customer, as the case may be, Contributions,or any portion thereof.
(4) remove from the Site or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our systems;
Provided that nothing contained under this section shall restrict the right of the Company to otherwise manage the Site in a manner designed to protect the rights and intellectual property, as the case may be, and to facilitate the proper functioning of the Site.
Provided also that the Company reserves the right to monitor the Site for violations of this Agreement, every twelve months, from the date of commencement of this Agreement.
Provided that once payment has been made with respect to the services availed, such amount will not be refunded, irrespective of the number of days such service has been availed.
Provided also that the Company, in case of non-payment of money, reserves the right to block, suspend or terminate the account of the user as the case may be.
Please keep in mind that the Site is hosted in Singapore.
In the event that you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from the applicable laws prevalent in Singapore, then through your continued use of the Site, you are transferring your data to Singapore, and you expressly consent to have your data transferred to and processed in Singapore.
REGULATIONS REGARDING COPYRIGHT INFRINGEMENTS
We as a Company respect the intellectual property rights of others. If at any time before or after the commencement of this Agreement, you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify the Company using the contact information provided below (a “Notification”). A copy of your Notification receipt will be sent to you within 30 days of you sending such a Report to the Company.
Provided that pursuant to the appicable law you may be held liable for damages if you make material misrepresentations in a Notification. Provided that the amount of damages will be based on principles of fairness and equity and agony and distress caused to the Company.
TERM AND TERMINATION
By signing this Agreement, you agree that these Terms and Conditions shall come into force from the date of the Commencement of the Agreement. Provided that any user or Customer, as the case may be,shall be bound by these terms and conditions, once he agrees to such terms and conditions, while using or availing the services provided by the Company.
Notwithstanding anything contained in this Agreement, the Company reserves the right to deny access, use or consumption of the Site to any user or Customer as the case may be.
Provided that the Company is under no obligation to serve a notice or warning to any such user or Customer, and that any measures taken shall be interpreted to reflect the exercise of discretion on the part of the Company.
In the event that the Company suspends or terminates such users or Customers, such user or Customer is prohibited from registering and creating a new account under a new name, a fake name, a borrowed name, or the name of any third party.
Provided that this section will apply irrespective of the fact that such suspended or terminated person is acting on behalf of the third party.
Provided that nothing in this Agreement shall limit the powers of the Company to take appropriate legal action, as and when the need arises, including but not limited to civil, criminal, and injunctive redress.
MODIFICATIONS AND AMENDMENTS TO THE AGREEMENT
The Company reserves the right to change, modify, amend, or remove the Contents of the Site at any time for any reason whatosever based on the sole discretion of the Company.
Provided that the Company is not obligated to update any information on the Site.
Provided that such amendment, change, modification or removal of the Contents of the Site will be undertaken without giving any notice to the users or Customers.
Provided that users and Customers have the obligation to keep themselves updated on all such modifications, and amendments. Provided that the Company will not be liable to any user or Customer, or any third party for any modification, price change, suspension, or discontinuance of the Site.
The Company does not guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
Provided that the Company reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to the user or Customer.
Provided that the Company bears no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
APPLICABLE LAW AND JURISIDICTION
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of Singapore applicable to Agreements made and to be entirely performed within the country of Singapore, without regard to its conflict of law principles.
RESERVATIONS WITH RESPECT TO CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 1 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all Agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire Agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Omnirio Pte Ltd.
68 Circular Road #02-01 Singapore 049422
I hereby declare that by accessing the Site, I have read, understood, and agree to be bound by all of the aforementioned Terms and Conditions.