Terms of Use
TERMS OF USE
These Terms of Use apply to and govern your access to and use of the Tech Able app or mobile site, including without limitation the platform and content (collectively, the “App”) owned and operated by SG Enable Ltd ("SGE", "we", "our", or "us")
In order to use the Service (as defined below), you must agree to these Terms of Use. The Terms of Use contain many legal disclosures that you should read carefully
By using our App and the Service through the App, you ("you" and "your") shall be referred as the end user of the App and Service ("End User(s)" or Users") and you shall agree to these Terms of Use, which should be read alongside our Privacy Policy and any additional terms applicable from time to time, as any of the same may exist from time to time (collectively, the Terms of Use" or "Agreement").
1.General Terms
1.1.This App is operated by us for the purpose of providing information on Assistive Technology (AT) devices that may suit persons with disabilities and their caregivers (“Service”).
2.Condition of Use
2.1As a condition of your use of this App, you agree, represent and warrant that:
(a)
You are an individual person of legal age to contract.
(b)
You possess the capacity and authority to create a binding legal obligation
(c)
Your use of this App will at all times comply with this Agreement.
2.2You represent that you have the right to provide any and all information you submit to the App, that the information is only about yourself, and that all such information is accurate, true, current and complete.
3.Availability of the App
3.1.You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the App accessible, the App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, App access may be interrupted, suspended or terminated.
3.2We reserve complete and sole discretion with respect to the operation of App. We may, among other things withdraw, suspend or discontinue any functionality or feature of App or the whole or such part of the Service.
4.Ownership of the App
4.1.Your access to the Service is subject to a license from us to use the same and nothing herein shall be construed as a sale of any part the App of the rights or title to you. The content and information on the App and the Service, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of SGE and its licensors and other partners where relevant. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights and you shall not modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the App.
5.Transmission of Information
5.1.Because we do not control the security of the Internet or other networks you use to access the App or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with SGE and the App while it is being transmitted. In addition, SGE is not responsible for any data lost during transmission.
6.Your Use of the App
6.1.Our App is the exclusive property of SGE. All interactions on this App must be lawful and must comply with these Terms of Use.
6.2.You shall also not engage in the following activities:
(a)
Using the App for any commercial use.
(b)
Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorised to access.
(c)
Attempting to scan, or test the security or configuration of the App or to breach security or authentication measures without proper authorisation.
(d)
Tampering or interfering with the proper functioning of any part, page or area of the App.
(e)
Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the App, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the App.
(f)
Disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious.
(g)
Disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person.
(h)
Using the App or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to directly or indirectly disrupt the activities of SGE.
(i)
Using the App or any of its resources to solicit other End Users, business partners of SGE or such other parties to become users or partners of other online or offline services directly or indirectly disruptive or potentially disruptive to SGE, including without limitation, aggregating current or previously offered service offerings.
(j)
Using any End User or third party information from the App for any commercial purpose, including, but not limited to, marketing.
(k)
Accessing, monitoring or copying any content or information from this App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
(l)
Violating the restrictions in any robot exclusion headers on this App or bypassing or circumventing other measures employed to prevent or limit access to this App.
(m)
Acting illegally or maliciously against the business interests or reputation of SGE or the App and/or the Service.
(n)
Engaging in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
(o)
Intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange.
(p)
Commit any fraudulent or unlawful act or use for any commercial purposes.
9.Links to Third Party Sites
9.1.The App may contain links to third-party websites that are not owned, operated, or controlled by SGE. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own or operate them. Additionally, we cannot and will not censor or edit the content of any third party site. By using the App you expressly relieve us from any and all liability arising from your use of any third party website.
10.Intellectual Property
10.1.Everything located on or in this App is the exclusive intellectual property of SGE or must be only be used with our permission or licence. Any unauthorised copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this App or any content on this App is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
10.2.This App contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the App are protected by copyright under the Singapore copyright laws. SGE owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only or otherwise subject to such fair use provisions under Singapore’s copyright laws. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of SGE or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the App.
11.Infringement Policy
11.1.If you believe that your materials have been copied, reproduced or otherwise dealt with by SGE in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(a)
A description of the copyrighted work or other intellectual property that you claim has been infringed.
(b)
the nature of the authorisation or relationship where it is alleged that a third party authorises the infringement by another.
(c)
where the material that you claim is infringing is located on the site.
(d)
your full name, address, telephone number, and email address.
(e)
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
(f)
a statement by you, 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.
11.2.Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: pdpa@sgenable.sg
12.Limitation of Liability
YOU AGREE THAT SGE IS MERELY PROVIDING A PLATFORM TO ALLOW YOU TO OBTAIN PRODUCTS AND SERVICES FROM THIRD PARTIES, FOR NO COMMERCIAL GAIN OR PROFIT AND AS SUCH THERE IS NO INTENTION TO CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SGE AND THEREFORE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT SGE IS NOT RESPONSIBLE FOR (A) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES CONTRACTING WITH YOU ON THE APP AND (B) ANY CLAIMS FOR INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“LIABILITIES”) THAT YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART AS A RESULT OF THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE APP.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE SGE, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO (I) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES CONTRACTING WITH YOU ON THE APP AND/OR (II) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13.Disclaimer of Warranty
13.1.Without prejudice to the foregoing, you expressly agree that use of this App is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither SGE, its subsidiaries, affiliates or any of their respective staff members, agents, merchants, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the App will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this site, or (b) the accuracy, reliability or content of any information or service provided through this App. The App is made accessible on an "as is" and "as available" basis. SGE hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title non infringement, merchantability, and fitness for a particular purpose.
13.2.SGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE OR APPLICATION, AND SGE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13.3.The information presented or contained in the App or provided through the Service is presented for informational purposes only and may be updated or reviewed from time to time even though SGE may not be obliged to do so. No information, whether oral or written, obtained by an end user from a merchant, a merchant from an end user, or from the services will create any warranty not expressly stated in this agreement.
13.4.Each End User hereby agrees and understands that: SGE does not guarantee any price, service, or product offered by a merchant.
13.5.The App is controlled and offered by SGE from its facilities in Singapore. SGE makes no representations that the App are appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13.6.The Terms of Use or any legal relationship between you and us shall be governed by the laws of Singapore without regard to its conflict of law provisions. Both you and we agree to submit to the non-exclusive jurisdiction of the courts of Singapore. The United Nations Convention on International Sales of Goods shall not apply here.
14.Indemnity
14.1.You agree to defend, indemnify and hold harmless SGE and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any other information or content that is submitted via you including without limitation misleading, false or inaccurate information; (vi) negligent or wilful misconduct
15.Additional Disclosures
15.1.No waiver by either you or SGE of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court or arbitrator of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
15.2.The provisions of these Terms of Use apply equally to and are for the benefit of SGE, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
16.Miscellaneous
16.1.Reservation of Rights. The failure of either party to exercise in any respect any right provided in this Agreement will not be deemed a waiver of such rightsp>
16.2.Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
16.3.Assignability. This Agreement, and any rights and licenses granted hereunder, are not assignable, transferable or sublicensable by you except with SGE's prior written consent, but may be assigned by SGE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16.4.Merger. Both parties agree that these Terms of Use and any other legal notices published by SGE on the App, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by SGE, except as otherwise provided herein.
16.5.Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SGE in any respect whatsoever.
16.6.Causes of Action. Any cause of action or claim you may have with respect to SGE must be commenced within one (1) year after the claim or cause of action arises. If any action in law or in equity is necessary to enforce the terms of this Agreement, and/or SGE's Privacy Policy herein, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.