ACKNOWLEDGMENT: This Terms and Conditions (the “Agreement”) is made between the individual person downloading and using the application (“You” or “Your”) and Techstorm Technology Pte Ltd (“the Licensor”). This Agreement is legally binding and sets forth the Terms governing the use of “O2OBOOKS” or “O2OJOURNALS” or “O2OSKETCH”(the “App”) downloaded or otherwise acquired by You that is designed to operate on any device You own.
You must agree to abide by all of the provisions in this Agreement in order to remain an authorised user of the App. By using the App, You signify Your acknowledgment and assent to this Agreement. If You do not agree to the provisions set out in this Agreement, promptly uninstall or delete any copies of the App.
You acknowledge that this Agreement is entered into by and between You and the Licensor, and not with any third party device platform or associated service provider or telecommunications carrier or the third party from whom You are downloading this App or any of their affiliates. You also acknowledge that service providers have no obligation hereunder to supply any maintenance or support services in regard to the App.
1. INTRODUCTION AND DEFINITIONS
“App Data” means how the App is used by You and Your activities on the App. For instance, the pattern of Your usage, the amount of time You spend on one page, the number of times You access one page, the location from which You access the app etc.
“Saved Document” means any and/or all information and/or documents that You save in the App in the course of utilising the App
“Personal Data” (as defined in the Personal Data Protection Act 2012) means data, whether true or not, about an individual who can be identified: -
(a) from that data; or
(b) from that data and other information to which the organisation has or is likely to have access;
“Service” means the various features of the App.
“Illegal Act” means any act done which is not in compliance with the laws and government regulations in the Republic of Singapore.
2. LICENCE AND TERMS
2.1 The Licensor grants to You a non-transferable, non-exclusive and revocable licence to install one copy of the App on Your device and use the App in accordance with this Agreement. The App is licensed, and not sold to You. Except as expressly granted by this Agreement or otherwise by the Licensor, You acquire no right or title in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not confer upon You any rights to any upgrades of the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by the Licensor or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle You to receive any maintenance or support services in respect to the App. The Licensor may provide Updates and/or support. If provided by the Licensor, Updates may be delivered automatically or You may be notified when a new Update is ready to be installed, or the Licensor will make available such Updates for download. You permit the Licensor to automatically deliver any Update if the Licensor believes it is necessary to provide for the continued functionality of the App or for any reasonable business purposes. Your use of the Updates will be in line with this Agreement unless You are asked to agree to new or additional terms at the time of download or installation. You also agree that You may have to enter into a modified version of this Agreement if You want to download, install or use a new or modified version of the App.
3. LICENSE RESTRICTIONS
3.1 You agree to the following license restrictions: -
(a) The App is for Your personal use only;
(b) The App cannot be installed on a device not owned or controlled by You;
(c) The App cannot be replicated, copied or distributed, except as required to use it on Your Mobile Device;
(d) The App cannot be sold, leased, borrowed, transferred, assigned, distributed, hosted, outsourced or otherwise commercially exploited or made available to a third party;
(e) The App cannot be used to attempt to gain unlawful access to any account, service or network or for illegal or fraudulent activity or in any way that could potentially cause damage to the App or cause problems to anyone else’s use of it;
(f) You agree not to attempt to evade any technical limitations in the App; and
(g) You agree not to reverse engineer, disassemble or modify any portion of the App, except and only to the extent allowed by law, notwithstanding this limitation.
4. COLLECTION OF INFORMATION
4.1 You agree that the Licensor may collect Your Personal Data that You provide when You sign up for an account through the App. The types of Personal Data that will be collected include: -
(b) phone number;
(c) credit card or other billing information;
(d) email address and home and business postal addresses.
(e) NRIC/ID number
5. USE OF INFORMATION
5.1 You agree that in the course of using the App, the Licensor may collect Your Personal Data, Your App Data and Saved Documents that can be used to contact or identify You. Your Personal Data, Your App Data and Saved Documents is or may be used: -
(a) to provide and improve the App;
(b) to administer Your use of the service;
(c) to communicate with You in matters relating to Your use of the app and to better understand Your needs and interests;
(d) to personalise and improve Your experience; and
(e) to provide or offer application updates and product announcements.
5.2 The Licensor will not distribute Your Personal Data, Your App Data and Saved Documents to external parties, unless Your prior consent is obtained.
5.3 However, the Licensor may use trusted third party companies and individuals to provide improvements to the service. Some of these services include general maintenance services, management of the database, etc. These external parties may be given access to Your Personal Data, Your App Data and Saved Documents for the purpose of performing these tasks on the behalf of the Licensor.
5.4 Be that as it may, you agree that the Licensor may disclose Your information when the Licensor has a good faith belief: -
(a) As required by law
The Licensor will disclose Your Personal Data, Your App Data and Saved Documents if required to act in accordance with law, regulation or compulsory legal request.
(b) Lawsuits and Disputes
If You are implicated in a lawsuit or dispute, the Licensor is permitted to divulge Your Personal Data, Your App Data and Saved Documents in response to a court order. The Licensor is also permitted to do the same in response to a subpoena or other lawful process, but the Licensor will only do so if there has been an effort to notify You about the request or if You or a court have provided authorisation in writing.
6.1 You are required to sign up for an account before commencing use of the App. When creating an account, You are responsible for the use as well as misuse of the service through this account. If You use this account in an inappropriate manner, the Licensor reserves the right to terminate the account with immediate effect. Inappropriate use includes, but not limited to: -
(a) Making duplicate copies of the content of the App;
(b) Attempting to gain access to accounts of other users;
(c) Attempting to infiltrate the service by any means, including viruses, malicious codes, scripts etc.;
(d) Inflicting a large load on the infrastructure;
(e) Committing an illegal act with the App;
(f) Signing up for many accounts in order to carry out inappropriate use;
(g) Interfering with the proper workings of the service ; and
(h) Assisting a third oarty to undertake any of the above.
6.2 You are solely responsible for keeping Your Personal Data, Your Saved Documents as well as Your passwords for the account confidential. If You become aware of any unauthorised use of Your password, You are responsible for changing Your password. The Licensor will assist You in manually changing Your password only if You are unable to do it on Your own.
7. INFORMATION SHARING
7.1 In regards to the sharing of Your Persona Data and Saved Documents, You are fully responsible for whom You choose to share Your account with, and grant levels of access privileges to.
8. CHANGING OR DELETING INFORMATION
8.1 If Your Personal Data changes, You may revise or delete the Personal Data in Your account profile by making the relevant changes on Your account settings.
9. DATA RETENTION
9.1 The Licensor will retain Your Personal Data and Saved Documents for the period that Your account is active or as needed to provide You services. Once Your account is terminated, the Licensor shall cease to retain Your Personal Data and Saved Documents, or remove the means by which the Personal Data and/or Saved Documents can be associated with You, as soon as it is reasonable to assume that: -
(a) the purpose for which Your Personal Data and Saved Documents were collected is no longer being served by the retention of Your Personal Data and Saved Documents; or
(b) retention is no longer essential for business or legal purposes.
10.1 The security of Your Personal Data and Saved Documents is of utmost importance to the Licensor. When sensitive information is entered (such as a credit card number) during the registration of a new account, the Licensor will ensure that the said transmission is encrypted.
10.2 The Licensor abides by generally accepted industry standards to guard Your Personal Data and Saved Documents submitted to the Licensor, both when the information is in transmission and once it is received by and Saved Documents Information protected, the Licensor is unable to assure You that it is absolutely secure as no method of electronic submission or storage can be 100% secure.
10.3 You can choose to increase the security of the Personal Data and Saved Documents saved on Your App by choosing a password that contains a combination of letters and numbers as well as picking one that is easy for You to remember, but difficult for others to guess. In addition, You have the sole responsibility of sustaining the confidentiality of Your account. You agree to accept responsibility for all activities that occur throughout Your account.
10.4 The Licensor will embark on reasonable procedures to ensure the integrity of data on the servers, but the Licensor will not take responsibility for any loss of data as a result of unforeseen circumstances. The Licensor will not take responsibility for such compromised access to data (which includes poor network coverage, local device failure etc.).
11.1 The License is effective for an indefinite period of time, until it is terminated by the Licensor, or until You provide notice to the Licensor of Your decision to terminate it. The Licensor may terminate this agreement without notice if You breach any term hereof. The Licensor reserves the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability, at any time without notice. Upon termination of the license to the App, You will cease all use of the App.
11.2 If You decide to terminate Your account, You have the responsibility to remove and archive Your existing data before notifying us of Your intention to terminate the account..
11.3 If the Licensor wishes to terminate Your account, You will be given 15 days notice in advance by writing. It will be Your responsibility to remove and archive Your existing data. After the same 30 days, Your account will be deleted.
12. INTELLECTUAL PROPERTY
12.1 The patents, copyright, trade marks and all other intellectual property rights in the App are the property of the Licensor and remain under legal protection of the laws of the Republic of Singapore and other relevant jurisdictions and by any international treaty provisions in effect at the time of Your acceptance of this Agreement. This Agreement explicitly protects the intellectual property rights relating to the App held by the Licensor and/or such third parties none of whose rights are hereby assigned to You.
13. NO WARRANTY
13.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE RISK OF USING THE APP LIES WHOLLY WITH YOU, AND THAT THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT LIES WITH YOU. TO THE FULLEST EXTENT ACCEPTED BY LAW, THE APP AND ANY OTHER SERVICES PERFORMED OR PROVIDED IN CONJUNCTION WITH THE APP ARE OFFERED “AS IS” AND “AS AVAILABLE”, AND THE LICENSOR EXPRESSLY DISCLAIMS ALL OTHER CONDITIONS, TERMS, WARRANTIES AND UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE APP OR ANY TECHNICAL SUPPORT OFFERED IN RELATION TO THE SAME, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, PERFORMANCE, SATISFACTORY QUALITY OR FITNESS FOR A SPECIFIC PURPOSE. THE LICENSOR DOES NOT PROVIDE WARRANTY AGAINST INTERFERENCE WITH YOUR REQUIREMENTS, THAT THE FUNCTION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, OR THAT FLAWS IN THE APP OR SERVICES WILL BE IMPROVED UPON. NO VERBAL OR WRITTEN INFORMATION OR ADVICE OFFERED BY THE LICENSOR OR ITS AUTHORISED REPRESENTATIVE SHALL PURPORT TO CREATE A WARRANTY. ANY MATERIAL WHICH IS DOWNLOADED OR OTHERWISE ATTAINED THROUGH THE UTILISATION OF THE APP IS RETRIEVED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE ACCOUNTABLE FOR ANY DAMAGE DONE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT IS RESULTANT OF THE DOWNLOAD OR USAGE OF THESE MATERIALS.
14. LIMITATION OF LIABILITY
14.1 TO THE EXTENT PERMITTED BY LAW, THE LICENSOR SHALL IN NO EVENT BE HELD LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PROFIT LOSS, DATA LOSS, INTERRUPTIONS OF BUSINESS OR OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF YOUR USE OR INCAPACITY TO UTILISE THE APP. HOWEVER CAUSED, IN SPITE OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN BRIEFED ON THE POTENTIAL OCCURRENCE OF SUCH DAMAGES.
14.2 IN NO EVENT SHALL THE LICENSOR’S ENTIRE LIABILITY TO YOU FOR ALL DAMAGES SURPASS THE AMOUNT OF SG$10. THE ABOVEMENTIONED LIMITATIONS WILL STILL APPLY IN THE CASE THAT THE ABOVE STATED REMEDY FAILS OF ITS PRIMARY PURPOSE.
15.1 You agree to defend, indemnify and hold harmless the Licensor (and any of its parents, subsidiaries, affiliates, employees, agents, licensor’s respective directors, officers, employees, and agents) from and against all claims, losses, damages, liabilities or expenses, whether criminal or civil, arising out of your use of the App or your breach of any of the provision in this Agreement.
16. THIRD PARTY RIGHTS
16.1 This Agreement is made solely for the benefit of You and the Licensor, and is not intended to benefit any third party or be enforceable by any third party. A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of its terms.
16.2 The rights of You and the Licensor to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent or permission of any third party.
17.1 Parents, guardians or other adults often utilise the App for family purposes, including use by minors. As information is collected electronically, information submitted by a child under the age of 14 can appear to be that of the information of an adult. As such, if the Licensor learns that such information is the information from a child under the age of 14, the Licensor will attempt to delete the information as quickly as possible.
17.2 Business Process and Account Types: The Licensor will offer You a free trial account for two (2) months upon signing up for the App.
17.3 Should You wish to continue using the App after the 2 months free trial, an annual fee is applicable.
18.1 The Licensor reserves the right to amend the terms of this Agreement at any time and without notice.
19.1 If any provision of this Agreement is held to be illegal, invalid or unenforceable, then this Agreement, including all of the remaining provisions, will remain in full force and effect as if such illegal, invalid or unenforceable provision had never been included.
20. FORCE MAJEURE
20.1 If this Agreement cannot be performed or its obligations fulfilled for any reason beyond the reasonable control of You or the Licensor, then either party may terminate this Agreement by notice of email.
21.1 The rights and obligations under this Agreement are personal to You and the Licensor and cannot be assigned or transferred by You or the Licensor except by obtaining the written consent of the other.
21.2 Notices shall be sent by way of email to the email address submitted by You when You register for an account, and will be deemed given when sent.
22. PERSONAL DATA PROTECTION ACT 2012
22.1 The Licensor confirms that Your Personal Data are obtained in a reasonable method and does not infringe the Personal Data Protection Act 2012 and any anti-spam regulation imposed by the Singapore government or other relevant authorities.
22.2 The Licensor represents and warrants that the use, disclosure and/or collection of Personal Data are in full compliance with all the provisions contained in the latest version of the Personal Data Protection Act 2012 and all regulations issued thereunder, or such similar statute that may replace the Personal Data Protection Act 2012 in the future; and the Licensor shall at all times, use its best endeavours to ensure compliance of the Personal Data Protection Act 2012, or such similar statute that may replace the Personal Data Protection Act 2012 in the future.
22.3 In any event, and notwithstanding anything contained in this agreement, in no circumstances shall the Licensor be liable for incompliance and/or breach of the Personal Data Protection Act 2012 and all regulations issued thereunder or such similar statute that may replace the Personal Data Protection Act 2012 in the future or other special, incidental, indirect or consequential damages to You of any kind, resulting from the Licensor’s performance or failure to perform any obligation under these Terms.
23.1 The headings set out in this Agreement are included for convenience only and shall not in any way affect the construction or interpretation hereof.
24. GOVERNING LAW
24.1 This Agreement shall be governed by, and construed in all respects in accordance with, the laws of the Republic of Singapore. In relation to the enforcement of any proceedings, or arising out of or in respect of, this Agreement, the Licensee hereby irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts of the Republic of Singapore.
24.2 In the event of conflict, the clauses in this Agreement will take precedence over any statute or legislation.