Effective Date: November 2023
PART A - GENERAL TERMS
This website at www.conneto.com and all and any local versions of the site and any mobile application connected to it and all our products and services we make available thereby (Site) is operated by Conneto Hub Pte. Ltd., established in Singapore with company number 202337146Z (we, us or our). Our address is at 160 Robinson Road #14-04, Singapore. We may be contacted at [email protected].
The Terms (defined below in Section 2) constitute a legally binding agreement, made between you, whether personally or on behalf of an entity (you personally and any such entity being referred to as you and your) and us, concerning your access to and use of the Site. YOU AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS. If you are accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Terms. The Terms and any other terms and conditions posted by us on the Site constitute the entire agreement and understanding between you and us.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
Please note that we may change the content of the Site, including the Terms, from time to time. It is your responsibility to periodically review the Terms to stay informed of updates. Please therefore check the date at the top to see if they have been updated since you last read them. You may obtain previous versions from us through the channels mentioned above.
Our products and services are provided under their own terms and conditions. You must read those terms and conditions as well as the Terms if you intend to use our products or services. In the event of any conflict, our product and service terms and conditions shall prevail.
Our products and services are provided only to businesses in Singapore and the other jurisdictions mentioned in Part B below (Permitted Countries), and in such other jurisdictions that we agree at our complete discretion.
Your access to and use of the Site is governed by these terms and conditions, our Privacy Notice as specified in Annex 1 hereto, currently located at conneto.com/privacy-notice, and any and all other policies and rules referenced herein, posted on the Site, or otherwise communicated to users (Site Rules).
PLEASE READ THESE TERMS AND CONDITIONS, OUR PRIVACY NOTICE, SITE RULES, AND ALL OTHER APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE TERMS) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SITE. FOR EXAMPLE, THE TERMS INCLUDE:
• IMPORTANT INFORMATION ABOUT THE FUNCTIONAL LIMITATIONS OF THE SITE;
• YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
• LIMITATIONS OF OUR LIABILITY TO YOU; AND
• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE TERMS.
We reserve the right, in our sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Site after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Site.
No other modification, amendment, supplement of or to the Terms will be binding on us unless it is in writing and signed by an authorized representative of us.
Your failure to comply with the Terms may result in suspension or termination of your account and/or access to the Site, and may subject you to civil and/or criminal liability.
Use of information on this Site
The information and opinions in this Site (collectively, Information) do not constitute an offer to sell or buy, or solicit or invite an offer from you to sell or buy, or recommend, securities or financial instruments or investment advice or recommendations. Please contact your tax, financial, legal, accounting or other professional advisers if you need advice on such matters.
The Information is currently intended for those who access it from the Permitted Countries. We cannot guarantee that this Site, the Information and the Content (as defined below) comply with laws and regulations outside those jurisdictions. The Information is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from such other locations are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. By using the Site, you represent and warrant that you have the legal capacity and you agree to comply with the Terms, and that you are not under the age of 18 or a minor in the jurisdiction in which you reside.
Subject to your compliance with the Terms, we grant you a limited non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use the Site. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by us, in the manner permitted by the Terms.
Acknowledgements
YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
• WE DO NOT AND CANNOT GUARANTEE THAT THE SITE WILL BE CONTINUOUS OR ERROR-FREE.
• IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR SITE IS SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACHES), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE SITE.
• YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR CONTRIBUTIONS. ABUSE OF THE SITE MAY SUBJECT YOU TO CIVIL AND CRIMINAL LIABILITY.
Set-up and Operating Requirements
In order to use the Site, you must have internet access (e.g., Wi-Fi or 3G/4G/5G with a data plan). If this requirement is not met, you will not be able to use some or all of the Site.
Service Limitation
In addition to the set-up and operating requirements, there are certain other circumstances that may limit the availability or effectiveness of the Services.
• Service Area - The Site is currently configured for use in Permitted Countries only, and is not intended for use outside of Permitted Countries.
• Service Interruptions - The Services can be interrupted for any reason that disrupts internet access or GPS capabilities, including in the event of:
• electrical power outages,
• natural disasters,
• electronic interference,
• an outage affecting the data transport service,
• an outage affecting the data transport service,
• network congestion and/or reduced routing speed on our network or another network (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks),
• compatibility issues,
• equipment failures relating to your equipment (e.g., your mobile phone) or our equipment, including, hardware or software failures or misconfiguration affecting us, our offices, data centers, and/or any of our service providers.
Modifications and Updates to the Site
We reserve the right, in our sole discretion, to modify or discontinue offering the Site, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of your Contributions at our sole discretion at any time without prior notice to you.
You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
Unless otherwise indicated, the Site is our or our licensors' proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the Content) and the trademarks, service marks, and logos contained on our Site (the Marks) are owned or controlled by us or licensed to us, and are protected by copyright, trade mark, patent laws and various other intellectual property rights and unfair competition laws of jurisdictions around the world, and international conventions. You acknowledge and agree that the Marks associated with us are our property, and that you are not permitted to use the Marks without our prior written consent.
Except as expressly provided in the Terms, no part of the Site, including any features, functionality, and tools, and no Information, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Information and Content to which you have properly gained access solely for your personal, non-commercial use unless otherwise is provided in other documents of the Site. We reserve all rights not expressly granted to you in and to the Site, the Content, the Information and the Marks. The foregoing license is subject to modification or revocation at any time at our sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
You are not permitted to access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically approved by us.
As a user of the Site, unless otherwise is provided by other documents of the Site, you agree not to:
systematically retrieve data or other Content or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise, without our prior written permission;
make any unauthorised 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;
without our prior written permission, use the Site to advertise or offer to sell goods and services;
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;
engage in unauthorised framing of or linking to the Site;
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services 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;
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 comprised in the Content;
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 our employees or agents engaged in providing any portion of the Site to you;
access or use the Site for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
delete the copyright or other proprietary rights notice from any Content or Information;
copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters, or “pyramid” schemes;
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 without limitation, clear graphics interchange formats (“gifs”), 1x1 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 a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised 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;
access the Site through automated or non-human means, whether through a bot, script, or otherwise;
use the Site for any illegal or unauthorised purpose or in violations of any applicable law or regulation.
If you register with the Site, you agree to keep your password confidential and will be responsible for all use of your account and password. You may not sell or otherwise transfer your profile. You may not register for an account on behalf of any person (other than yourself).
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Your account and account profile page will be created based upon the information you provide to us. If you provide any information that is untrue, inaccurate, not current, or incomplete, or post Contributions (as defined below) in breach of the Terms, without prejudice to our other rights (including to take legal action), we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account or any other account that you may connect to. You agree not to disclose your username or password to any third party, and you agree to immediately notify us of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
If we suspend or terminate your account, you are prohibited from registering and creating a new account under your name or any other name, even if you may be acting on behalf of a third party.
You may cancel your account at any time.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Site at any time for any reason, and (ii) screen or delay the posting or delivery of your Contributions.
We reserve the right to suspend or terminate your account or your access to the Site if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of users who fail to comply with the Terms, including the terms and conditions regarding user conduct, as set forth in the Terms.
If your account is deactivated or cancelled, we will have the right, but not the obligation to delete your Contributions (as defined below).
If we have suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to our reasonable satisfaction.
When an issue arises, we reserve the right to consider such user’s performance history and the specific circumstances in applying our policies, and to determine how strictly to enforce such policies in an effort to achieve a fair outcome for all parties involved.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and 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, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, Contributions).
Contributions may be accessible by other users of the Site and through third-party websites. As such, any Contributions you transmit shall be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you 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 intellectual property or proprietary rights, including but not limited to the copyright, patent, trade mark, trade secret, or moral rights of any third party;
you are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and the Terms;
where required by applicable law, 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 the Terms;
your Contributions are not false, inaccurate, or misleading or in violation of the prohibitions in Section 5;
your Contributions are not obscene, violent, harassing, defamatory, abusive, disparaging, sexually or otherwise exploitative, injurious, discriminatory on ethnic, gender, sexual orientation or health grounds, or otherwise objectionable (as determined by us);
your Contributions do not violate the privacy or publicity rights of any third party;
your Contributions do not link to material that would violate the Terms if posted on the Site;
any reviews contained in your Contributions will comply with our applicable guidelines from time to time.
By posting your Contributions to the Site, or making Contributions accessible to the Site by linking your account from the Site to any other account or Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to edit, redact, modify, re-categorise, delete, move to another page, host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses sublicences of the foregoing. The use and licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name and company or business name, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions or any intellectual property or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We may, but are not required to monitor or control Contributions captured, recorded, uploaded, streamed, shared, or stored on or through the Site, and we cannot take responsibility for such Contributions. Any use or reliance on any Contributions is at your own risk. Furthermore, we have no obligation to keep backups of your Contributions.
Ultimately, all Contributions, whether publicly posted or privately transmitted, are the sole responsibility of the individual who originated such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Contributions or endorse any opinions expressed in such Contributions. You understand that by using the Site, you may be exposed to Contributions that are offensive, harmful, inaccurate, misleading, fraudulent or otherwise inappropriate. Under no circumstances will we be liable in any way for any Contributions, including, but not limited to, any errors or omissions in any Contributions, or any loss or damage of any kind incurred as a result of any Contributions.
If you feel that another user has violated the Terms, abused the Site or otherwise acted inappropriately, you may report the user to us at [email protected]. We reserve the right, but assume no obligation, to investigate and take appropriate action in response to such reports. Regardless of its action or inaction, in no event will we be liable for the acts or omissions of any user or any third party.
If you are a California resident, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. See the “California Residents” subsection below for the full information required under California Civil Code §1789.3.
We reserve the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that we have the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Site by any user, to access, review, preserve and disclose any user Contributions, or to remove or disable access to any user Contributions, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against us, (iii) to enforce and to ensure a user’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect our rights, property or safety, its users or members of the public, and (vi) for the purpose of operating and improving the Site (including for customer support purposes).
You agree to cooperate with and assist us or our representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
You acknowledge and agree that we may use, for such purposes as may determine, and without acknowledgment or compensation to you, any questions, comments, suggestions, ideas, feedback or other information regarding the Site (Submissions) provided by you to us with all rights under intellectual property if we were the owner of such rights. You also acknowledge and agree that all Submissions you submit to us will be treated as non-confidential. You 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 recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Without limiting the foregoing, you acknowledge that your Submissions may be disseminated or used by us or our affiliates or licensors for any purpose whatsoever, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to us all of your right, title, interest in and to all Submissions, including all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, and waive any moral and other proprietary or intellectual property rights you may have in such Submissions and you warrant that moral rights and other proprietary or intellectual property rights have not otherwise been asserted in your Submissions.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect our rights in your Submissions and related intellectual property rights.
The Site may contain (or you may be sent via the Site) links to other websites (Third-Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (Third-Party Content).
You acknowledge and agree that we are not responsible or liable for (i) the availability, terms, or practices of such Third-Party Websites, resources, or services, or (ii) the Third-Party Content, products, or services available on or through such Third-Party Websites, resources, or services, including that any information provided is complete, accurate or up-to-date. We do not check, investigate or monitor, and are not responsible for, any Third-Party Websites or Third-Party Content, including as regards content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in them. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content, does not imply our approval or endorsement of them.
If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware the Terms no longer govern. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Website, resources, or services or Third-Party Content, products, or services available on or through such websites or services. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that (i) we do not endorse the products or services offered on Third-Party Websites, (ii) we will not be responsible or liable for any damage or harm resulting from your interactions with such Third-Party Websites or services, or the Third-Party Content, products, or services available on or through such websites or services, and (iii) you shall hold us harmless from any harm caused by your purchase of such products or services and from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but are not obliged, to:
monitor the Site for violations of the Terms;
take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms, including, without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, without notice or liability, refuse, restrict access to, limit the availability of, disable (to the extent technologically feasible), or remove from the Site any of your Contributions or any portion of them;
with or without notice, for any reason or without reason, discontinue or suspend the provision of the Site or your access to it or any account you may have to use it;
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We respect intellectual property rights. If you think your copyright is being infringed by any Content or Contributions to the Site, please notify us through a channel described in Section 1, providing the following details:
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site (providing url(s) in the body of an email is the best way to help us locate content quickly);
your name, address, telephone number, and email address;
your statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
your statement that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf; and
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property right.
Please note that we may send a copy of your notice to the person who made the Contribution (if applicable).
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE, CONTENT AND THE MARKS ARE PROVIDED ON THE SITE “AS IS” AND “AS AVAILABLE” (WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED) FOR YOUR INFORMATION AND PERSONAL USE ONLY. WE MAY CHANGE, SUSPEND OR DISCONTINUE THEM AT ANY TIME OR THE SITE MAY BE INTERRUPTED FOR MAINTENANCE OR OTHER REASONS.
IF YOU RELY ON ANY INFORMATION, YOU DO SO AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ENSURING THE PROTECTION OF YOUR COMPUTER OR DEVICE USED TO ACCESS THE SITE, INCLUDING PRECAUTIONS AGAINST VIRUSES, MALWARE AND DESTRUCTIVE CODE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, CONTENT, MARKS AND INFORMATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OF THE SITE, CONTENT AND INFORMATION, OR THAT PROVISION OR USE OF THE SITE, CONTENT AND INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE, AND WARRANTIES AS TO COMPLETENESS, ACCURACY OR TIMELINESS OF ANY SITE, CONTENT OR INFORMATION.
Warranties
You represent and warrant to us that:
you have the power and authority to accept and agree to the Terms;
you own or control all of the rights necessary to grant the rights and licenses granted herein;
you will not violate any applicable laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with your Contributions or otherwise in connection with your access to or use of the Site;
the exercise by us of the rights granted by you hereunder will not cause us to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT AND INFORMATION IS AND REMAINS WITH YOU;
WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO (A) YOUR USE OF OR INABILITY TO USE THE SITE, (B) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSON WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, AND (C) ANY SITE CONTENT OR CONTRIBUTIONS ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE SITE.
YOU ACCESSING AND USING OF THE SITE, SUBMITTING AND TRANSMITTING OF YOUR CONTRIBUTIONS, COMMUNICATING OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING, OR DOWNLOADING OF THE CONTRIBUTIONS OF OTHER USERS ARE ALL DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE US AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENT OR THIRD PARTY CONTENT;
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT OR THIRD PARTY CONTENT, (2) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (4) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
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;
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;
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THE TERMS, SO THESE LIMITATION AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE LIMITATION OF LIABILITY IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100); AND
IN NO EVENT WILL WE OR OUR LICENSORS AND OUR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), OR OTHERWISE WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
If you communicate with us by email, text or chat, we shall use all reasonable endeavours to keep them secure but you acknowledge that messages sent over the Internet cannot be guaranteed to be completely secure and can be intercepted, lost or changed.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Exclusions
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold us, our parent, subsidiaries, affiliates, licensors and service providers, and our and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Site, including any and all features, functionality, tools, Content, Information, and promotions available on and through the Site, (ii) your Contributions, (iii) any interactions with any other user, (iv) your breach of the Terms, including any violation of applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (v) your gross negligence or willful misconduct.
Obligation to Defend
You agree that, at our option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) we may nevertheless participate in such defense or settlement negotiations at our own costs, and (ii) you will not enter into any settlement or other compromise without the prior written approval of us (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No Implied Indemnity
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
Governing Law, Jurisdiction, & Venue
These Terms are governed by, and shall be interpreted in accordance with, the laws of Singapore.
Except as otherwise provided in Clause 18 (United States of America), any dispute arising out of or in connection with these Terms, including any question regarding the existence of an agreement on these Terms, or validity or termination thereof, 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 Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC.
We may also seek injunctive or other interim relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The prevailing party in any suit, action, arbitration or other proceedings will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND US OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Future Amendments to this Section
Both of us agree that if we make any amendment to this Section 13 (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and us. We will notify you of amendments to this section by posting the amended Terms on www.conneto.com. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Site immediately. By rejecting any amended terms, you are agreeing that you will resolve any dispute between you and us in accordance with the provisions of this Section 13 as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
Our collection and use of information about you is governed by our Privacy Notice. By accessing and using the Site, you consent to the collection and use of this information, including the transfer of this information to jurisdictions in which you do not reside for storage, processing and use by us. As part of providing the Site, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Site, which you may not be able to opt out from receiving.
The Terms, including our Privacy Notice, Subscription Agreement any and all Site Rules, constitute the entire and exclusive understanding and agreement between you and us regarding your access to and use of the Site and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and us and regarding the subject matter hereof.
Our failure to exercise or enforce any right, obligation, or provision of the Terms or to take action with respect to a breach by you or others shall not operate as a waiver of such right, obligation, breach, or provision. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of us. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. We may assign, transfer, delegate and/or sublicense any or all of our rights and obligations under the Terms, in whole or in part, in our sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
Except as otherwise provided in the Terms, if a court of competent jurisdiction finds any provision or part of a provision of the Terms is determined to be unlawful, void, invalid, or unenforceable, in whole or in part, for any reason, the offending provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which will remain in full force and effect. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination.
You agree that the Terms will not be construed against us by virtue of our having drafted them.
You hereby waive any and all defences you may have based on the electronic form of the Terms and the lack of signing by the parties to execute them.
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by us (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Site. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears; (ii) ”or” connotes any combination of all or any of the items listed; and (iii) ”including” (and any of its derivative forms) means “including but not limited to.”
Subscriptions
You agree to pay the fee for the [monthly/annual] subscription fee for your subscription at the rates in effect when the charges are incurred, including any applicable taxes. Any change in the subscription fee will go into effect for the next billing period after we provide notice of the change.
Billing
You will be charged in full for the number of packages purchased in an order upon submission of the order. If the order allows for the addition of optional add-on packages, you will be charged in full for each add-on package as it is activated. By placing an order, you hereby agree to pay the charges associated with the order in accordance with the foregoing.
Payment / Credit Cards
YOU ARE RESPONSIBLE FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Notice.
We will automatically charge the credit card or payment account associated with your account at the beginning of the billing period, and billing will recur automatically at monthly intervals until you change or terminate your account. If you wish to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account. This may temporarily disrupt your access to your account while we verify your new payment information. Any change in the chosen payment method will go into effect for the next billing period. Please note that the payment information, including name and contact information that you submit when you register, may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Notice.
No refunds
Unless we agree or state otherwise in writing, all fees and charges are nonrefundable.
If you have any questions or concerns, please contact us at [email protected].
Singapore.
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Site or requests to receive further information regarding the use of the Site may be sent to [email protected].
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us/our Designated Copyright Agent using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
a statement that you will accept service of process from the party that filed the Notification or the party's agent;
your name, address, and telephone number;
a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Conneto Hub Pte. Ltd.
Address: 160 Robinson Road, #14-04, Singapore
E-mail: [email protected]
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