HICLOUD PORTAL USER T&Cs
Welcome to Hicloud, the portal cloud services of HiCloud Technology Pte Ltd (“Company,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, web site, as well as software and other ancillary services provided in connection with the same (collectively the “Service”).
By accessing or using the Service, you agree that you have read, understood, and agreed to be bound by these terms of use (“Agreement”) and consent to the collection, use, and disclosure of your information for the purposes of providing the Service to you, whether or not you are a registered user of our Service.
This Agreement applies to all users and visitors who access or use the Service (“Users”).
Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration to resolve disputes, rather than jury trials, class actions, or other proceedings.
1. Use of the Service
A. Eligibility
You may use the Service only if (i) you, or your employer or principal who have authorised you, have the legal capacity to enter into a binding contract with the Company, (ii) you abide by the provisions in this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by us.
B. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
C. License to Use the Service
Subject to the provisions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service. The Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). The Company may terminate this license at any time for any reason or no reason.
D. Accounts
Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. The Company will not be liable for any losses caused by any unauthorized use of your account.
You may control your user profile and how you interact with the Service by changing settings that are made available to you.
2. Service Availability and Our Right to Terminate
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3. User Content
Some features of the Service allow Users to input any information into the Service platforms (“User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to the User Content license Grant below. The Company has the right (but not the obligation) in its sole discretion to remove any User Content.
You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. The Company reserves the right, but is not obligated, to reject and/or remove any User Content that the Company believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
The Company takes no responsibility and assumes no liability for any User Content that you or any other User transmit via the Service. You shall be solely responsible for your User Content, and you agree that we are only acting as a passive conduit for the transmission of the User Content.
4. User Content Licence Grant
By accessing or using the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to receive, store, transmit, any and all User Content for the purposes of providing the Service to you.
5. Mobile Software
As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. The Company does not warrant that the Mobile Software will be compatible with your mobile device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use the Mobile Software. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
6. Our Communications with You
By providing the Company your email address and mobile number you consent to our using the email address and mobile number to provide you the Service and send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and mobile number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such communications from the Company. Opting out may prevent you from receiving communications regarding updates, improvements, or offers.
7. Our Proprietary Rights
Except for your User Content, the Service and all materials and information therein or transferred thereby, including, without limitation, information about your phone or device, or data that is otherwise generated, collected or transmitted through use of the Service or Mobile Software, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
8. Features of the Service
The Service includes a number of features which may or may not be available to you depending on which features you elect and, where required, pay or subscribe to use. These include location information features that are designed to collect and share location information, about you and other individuals who use the Service.These features require the corresponding Mobile Software to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled.In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the device is connected to a wi-fi network), if location services are turned off, if the Service is not being used or is blocked on the device, etc.
If you use features designed to collect and share location information, the Service will periodically access and collect information about your device and location (such information will be the Company Content under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented, to use the service and to allow it to access and collect such information.
9. No Professional Advice
Any and all information contained in and/or generated by the Service shall not be construed as professional advice. No action should be taken based upon any information contained in and/or generated by the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
10. Privacy and Security
We care about the privacy of our Users and the integrity and security of your personal data and User Content. However, you acknowledge the risk that internet transmissions are never completely private or secure and that any personal data and User Content may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal data and/or User Content for improper purposes.
11. Indemnity
You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, 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 from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any provision of this Agreement, including without limitation your breach of any of the representations and warranties herein; (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 claim or damages that arise as a result of any of your User Content or any User Content or other information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
12. No Warranty
The service is provided on an "as is" and "as available" basis. Use of the service 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, privacy, security, accuracy, timeliness, quality, or non-infringement. No advice or information, whether oral or written, obtained by you from the company or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, the Company, its subsidiaries, its affiliates, and its licensors do not warrant that: (i) the service or results that are obtained from use of the service (e.g., data, information, location, crash detection or reporting, emergency assistance, etc.)will be accurate, reliable, error-free or correct; (ii) the service or results that are obtained from use of the service will meet your requirements; (iii) the service will be available at any particular time or location, timely, uninterrupted or secure; (iv) any defects or errors will be corrected; or (v) the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
The company 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, and the company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will the company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (I) errors, omissions, mistakes, or inaccuracies from the service or results that are obtained from use of the service (e.g., data, information, location, crash detection or reporting, emergency assistance, etc.); (ii) personal injury, death, 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 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; (VII) user content or the defamatory, offensive, or illegal conduct of any third party; and/or (viii) any action or inaction of third parties. In no event shall the company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you or any user for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of $100.00, unless otherwise agreed in writing.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
14. Governing Law and Arbitration
A. Governing Law
You agree that this Agreement shall be governed by the laws of the Republic of Singapore without respect to its conflict of laws principles.
B. Arbitration
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from the company.
In the unlikely event that the Company has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, 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 one (1) arbitrator.
The language of the arbitration shall be English.
15. General
A. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement
The Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, mobile phone message, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by the Company at its our sole discretion. The Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. The Company is not responsible for any automatic filtering you or your network/mobile service providers may apply to email notifications and mobile phone messages we send to the email address and mobile phone number you provide us. The Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with the Company in connection with the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Contact
Please contact us at [email protected] with any questions regarding this Agreement.
F. Rights of a Third Party
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of the Republic of Singapore to enforce or to enjoy the benefit of any terms of the same.