WEB/MOBILE APPLICATION END USER LICENSE AGREEMENT
PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE iPLUSLIVING WEB/MOBILE APPLICATION ("APPLICATION"). BY USING THE APPLICATION, YOU ARE ENTERING INTO AN AGREEMENT WITH I+LIVING ASIA PACIFIC PTE LTD (the “ Company”) AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLICATION.
2. License Grant and Restrictions on Use.
2.1. License Grant. Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single Mobile Device owned and controlled by You or such other electronic device, and to access and use the Application on such Mobile Device or such other electronic device strictly in accordance with the terms and conditions of this License ( the “License”), the Usage Rules and any service agreement associated with your Mobile Device or such other electronic device (collectively "Related Agreements").
2.2. Restrictions on Use. You shall use the Application strictly in accordance with the terms of the License and Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application, including carrying out any act which may be offensive, indecent, or objectionable or which may or may not be identified as having explicit or hurtful or hateful language; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
3. Intellectual Property Rights.
3.1. Rights to Application. You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Company.
3.2. Third Party Software. The Application may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be "open source" or "publicly available" software.
3.3. Company’s Marks. You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.
3.4. Infringement Acknowledgement. You accept that in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights due to your negligence, fraud and/or failure to obtain the necessary intellectual property rights and/or use, You and not the Company will be responsible for the investigation, defence, settlement and discharge of any such claims of intellectual property infringement.
4. Restriction on Transfer. You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
5. Use of Information.
5.1. Consent to Use Information. You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners, agents, service providers , merchants and / or any other entities which may be involved in the provision of contents, services and applications or are in any way whatsoever be involved in the Application ( “ Related Entities “ ) of any information and data related to or derived from Your use of the Application, and any information or data ( “ information “ ) that You provide to Company and its Related Entities which authorisation shall include and not be limited to any such Related Entities contacting You through any means. Without limiting the generality of the foregoing, the Information shall include and not be limited to the following data:
.personal particulars of your visitors and where such data have been furnished by You, the Company shall be entitled to assume and You shall be deemed to have obtained the consent of your visitors for the use of any or all the data by the Company in accordance with the terms of this License and You be solely responsible to your visitors for any losses or damages howsoever incurred through the use of this data and shall fully indemnify the company and / or the Related Entities should the Company and / or the Related Entities be held liable to your visitor data including data and suggestions based on user actions.
The Information will be treated as being non-confidential and non-proprietary, and Company and all Related Entities assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
6. Third Party Content and Services.
6.1. General. You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").
6.2. Disclaimer. You acknowledge that Company and /or Related Entities do not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Company and Related Entities shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. The Company and Related Entities hereby disclaim any representation, warranty or guarantee regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
6.3. Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located/engaged using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and Related Entities are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
6.4. Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Company and Related Entities of such Third Party Content and Services. Company and / or Related Entities reserve the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Company and / or Related Entities have no obligation to restrict or deny access even if requested by You.
6.5. Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Company and / or Related Entities shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
6.6. Use of Third Party Content and Services. You agree that the Third Party Content and Services contain proprietary information and material that is owned by Company and / or Related Entities and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company and / or Related Entities are not in any way responsible for any such use by You.
7. Term and Termination.
7.1. Term. This License shall be effective until terminated.
7.2. Termination. Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Company and / or Related Entities. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.
8.1. Payment may be effected through DBS Paylah and/or other method the Company make available to you (“Payment Gateway Method”).
8.2. The Company reserve the right at any time to modify or discontinue, temporarily or permanently, any Payment Gateway Method without notice to you or giving any reason.
8.3. You agree that you are subject to the applicable user agreement as provided by any participating payment gateway providers such as DBS Bank Ltd in relation to the Payment Gateway Method.
8.4. You may not claim against the Company and / or Related Entities for any failure, disruption or error in connection with your chosen Payment Gateway Method.
9. Disclaimer of Warranties. You acknowledge and agree that the application is provided on an "as is' and "as available" basis, and that your use of or reliance upon the application and any third party content and services accessed thereby is at your sole risk and discretion. Company and / or Related Entities hereby disclaim any and all representations, warranties and guaranties regarding the application and third party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
10. Limitation of Liability. The Company and / or Related Entities shall not be liable for any damages arising out of or in connection with your access or use of or inability to access or use the application and any third party content and services., WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS (S$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnification. You shall indemnify, defend and hold harmless Company and / or Related Entities and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense arising out of or in connection with the following: (i) Your negligent and/or fraudulent access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of any law; (iv) Your negligence or wilful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
12. Compatibility. Company and / or Related Entities do not warrant that the Application will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device or other electronic device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device or other electronic device to diminish or fail completely, and may result in permanent the damage to Your Mobile Device or other electronic device, loss of the data located on Your Mobile Device or other electronic device, and corruption of the software and files located on Your Mobile Device or other electronic device. You acknowledge and agree that Company and / or Related Entities shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
13. Product Claims. You acknowledge that You (not Company and / or Related Entities) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Company and / or Related Entities of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Company and / or Related Entities from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
14.1. Governing Law. This License shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any disputes arising from this License shall be referred to the courts of the Republic of Singapore and the said courts shall have exclusive jurisdiction in relation to such disputes.
14.2. Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
14.3. Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
14.4. Survival. The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 1, 2.2, 3, 4, 5, 7, 8, 9, 10, 12, 13 and 14.
14.5. Assignment. Except as permitted in Section 4, You shall not assign this License or any rights or obligations herein without the prior written consent of COMPANY and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
14.6. Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.