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Terms of Use

Thank you for introducing Bindly into your life! We truly hope you’ll enjoy the value that Bindly delivers.

These Terms of Use constitute a legal agreement concluded between you (“you”) and Qeuep Pte. Ltd. (“Qeuep”, “us” or “we”) in respect of the use of the Service (defined below).

By registering for and/or using the Service in any manner, including visiting or browsing the Site, downloading or using the Bindly App, and/or clicking on the "I Accept" button, you signify your agreement to:

  1. all the terms and conditions of these Terms of Use;
  2. Qeuep’s Privacy Policy at the Site, as may be amended by us from time to time (“Privacy Policy”), and which is incorporated into these Terms of Use by reference; and
  3. all such terms and conditions as may be imposed by any third party platform provider or operator from whose site you downloaded the Bindly App, or any third party whose software or services are accessible through or used in the course of your use of the Service (“Third Party Terms”).

If you do not agree to any provision in these Terms of Use, the Privacy Policy and/or the Third Party Terms, you are not permitted to use the Service or any part thereof. If you have already downloaded the Bindly App and do not completely agree with the aforesaid terms and conditions, you must delete the Bindly App from your Device (defined below) immediately and comply with all the provisions in Clause 10.3 herein.

1. General

1.1 These Terms of Use apply to the Service (and any updates or supplements thereto or new releases thereof), unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Bindly App, the terms of an open-source licence may override some of the provisions in these Terms of Use.

1.2 From time to time we may issue updates to the Service. Depending on the update, you may not be able to use the Service until you have downloaded such updates or the latest version of the Bindly App and accepted any new or additional terms of use.

1.3 The Service may contain links to other independent third-party websites (“Third Party Sites”). Third Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.

1.4 In these Terms of Use, (i) “include” (and its derivatives, such as “including” and “includes”) means to include without limitation; (ii) “Bindly App” means the Bindly mobile application software, including all its content and the services made available on or through it, and any and all updates, upgrades, supplements and releases thereto as may be provided by us from time to time; (iii) “Site” means the website at http://bind.ly/, such as may be amended or updated by us from time to time; and (iv) “Service” means the Site, the Bindly App and all features, services and applications offered by us, including such as may be accessible or made available through the Site and/or Bindly App or otherwise.

2. SCOPE OF LICENCE

2.1 In consideration of you agreeing to abide by these Terms of Use, we hereby grant you a non-exclusive, non-transferable licence, subject to the terms and conditions herein including Clause 2.3 below, to use and access the Service (including to download, install and use the Bindly App for your personal purposes only on any compatible device owned or controlled by you (“Device”)).

2.2 You will be assumed to have obtained permission from the owner of the Device that is controlled, but not owned, by you to access or use the Service on and/or download a copy of the Bindly App onto, the Device. You and the owner may be charged by service providers for internet access on the Device. You accept responsibility in accordance with the terms of these Terms of Use for the access or use of the Service on, and/or the use of the Bindly App on or in relation to, any Device, whether or not it is owned by you.

2.3 You agree:

  1. not to copy the whole or any part of the Service except where such copying is incidental to the normal use of the Service, or where it is necessary for the purpose of back-up or operational security;
  2. not to rent, lease, re-sell, sub-license, or loan the Service or any part thereof or use it for any commercial or business purposes;
  3. not to translate, merge, adapt, vary, alter or modify the whole or any part of the Service , or permit the Service or any part of it to be combined with, or become incorporated in, any other programs;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service or any part thereof or attempt to do any such thing or to discover the source code of the Bindly App, except to the extent that applicable law expressly permits the same despite this limitation;
  5. not to remove or destroy any copyright, trade mark or other proprietary markings or notices on the Service or on any data files, information, applications, text, audio, image or other files or materials produced, generated or displayed in the Service (“Service Content”); and
  6. (f) not to provide or otherwise make available the Service in whole or in part (including object and source code), in any form to any person without prior written consent from us.

2.4 We reserve the right to change, suspend, remove or disable access to the Service or any part thereof at any time without notice. In no event shall Qeuep be liable for the removal or disabling of, or for suspending or imposing limits on, access to or use of the Service.

3. LEGAL AGE

You confirm that you are either more than 18 years of age, or have the full consent of your parent or guardian to use and access the Service and to enter into the terms and conditions set forth in these Terms of Use. You further confirm that you are at least 13 years of age, as the Service is not intended for children under 13 years of age. If you are under 13 years of age, please do not use the Service.

4. CONSENT TO PROCESSING OF DATA

You agree that we may process your personal data in accordance with the Privacy Policy, which forms part of these Terms of Use. Information on the collection, disclosure and use of your personal data are set out in the Privacy Policy

5. REGISTRATION and LOGIN

5.1 In registering for the use of the Service and providing Personal Data (as defined in the Privacy Policy) to us, you represent that:

  1. all the Personal Data you provide is true, accurate, current and complete;
  2. the Personal Data is owned by you, and you have the right to use and disclose the same; and
  3. you will maintain and promptly update your Personal Data to ensure that it remains true, accurate, current and complete at all times.

5.2 If you provide any Personal Data that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that this is the case, we have the right to suspend or terminate your use of the Service.

5.3 You will need a Facebook account or Google account to use and access the Service. Your Facebook or Google username (“UserID”) and password (“Password”) will be used to open and access your account with Service. By accessing the Service through Facebook, you will be subject to, and agree to abide by, any terms and conditions imposed by Facebook Inc or Google Inc on such use and/or access.

5.4 Any use of the Service and any acts, information, data, instructions or communications referable to your UserID and/or Password shall be deemed to be use of the Service by you, or acts, information, data, instructions or communications emanating from you, whether or they are in fact made or authorized by you.

5.5 It is your sole responsibility to keep the UserID and Password confidential and you shall be solely and fully liable for any disclosure or unauthorised use thereof.

6. ACCEPTABLE USE RESTRICTIONS

6.1 You undertake not to do any of the following in connection with your use of the Service:

  1. upload, post, publish, distribute, disseminate or otherwise transmit any content:
    1. that is unlawful, tortious, defamatory, abusive, harmful, invasive of another’s privacy, obscene, or otherwise offensive or objectionable;
    2. that promotes or provides instructional information about illegal activities;
    3. (iii) in breach of any law or any obligations under contractual or fiduciary relationships (including obligations of confidentiality);
  2. (b) infringe our, or any third party’s, Intellectual Property Rights (defined as all intellectual property rights whether registered or not, including patent rights, registered designs, design rights, copyrights and all rights of whatever nature in computer programs, firmware, micro-code and other computer software and data), rights of publicity or rights of privacy, or upload, post or otherwise transmit any content which would infringe such rights (including offering pirated computer programs or links to such programs);
  3. (c) do anything that would interfere with or disrupt the Service or servers or networks connected to the Service servers, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfere with another user’s use and enjoyment of the Service, including:
    1. uploading, posting or otherwise transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer codes, files, programs or routines that are intended to interrupt, destroy, damage, detrimentally interfere with, surreptitiously intercept, limit the functionality of or expropriate the Service (or any part thereof) or any computer system, hardware, software or data; or
    2. (ii) attempting to gain unauthorized access to the Service, other users’ accounts on the Service, or private mailing lists on the Service through password mining or any other means.

6.2 Failure to comply with any provision under these Terms of Use (including Clause 6.1) constitutes a material breach. We will determine, in our discretion, whether a breach has occurred through your use of the Service. Where we determine that such a breach has occurred, we may take such action as we deem appropriate including all or any of the following:

  1. immediate, temporary or permanent removal of any content uploaded by you;
  2. issuance of a warning to you;
  3. instituting legal proceedings against you for such breach; and/or
  4. disclosure of such information related to the breach to law enforcement authorities as we may feel is necessary.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 You acknowledge and agree that all Intellectual Property Rights in the Service belong to us. In particular, “Bindly”, the Bindly logo and other Bindly logos and product/service names are trade marks belonging to Qeuep Pte. Ltd. (“Bindly Marks”). You shall not copy, reproduce, display or use in any manner, any of the Bindly Marks without our express written permission.

7.2 You acknowledge that rights in the Service are licensed (not sold) to you, and that you have no rights in or to the Service other than the right to use it in accordance with the terms set out in these Terms of Use. You acknowledge that you have no right to have access to the Bindly App in source-code form.

7.3 All Personal Data and data, text, audio, image or other files which you upload or post to the Service (collectively “User Content”), and which belongs to you, shall remain your property.

8. INDEMNITY

8.1 You shall fully indemnify Qeuep Pte Ltd, its officers, directors, employees, partners and agents (“Indemnitees”), from and against any and all damage, loss, claim, action and/or demand (including economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), suffered or incurred by any of the Indemnitees arising whether directly or indirectly from:

  1. your negligent act or omission, wilful default, misconduct or fraud;
  2. your breach of any term of these Terms of Use;
  3. any use of the Service by you or referable to your UserID and/or Password; and/or
  4. any claim by a third party against any Indemnitee in respect of (a), (b) and (c) above.

9. LIMITATION OF LIABILITY

9.1 The Service is provided to you “as is”, “as available”, without warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed). We do not warrant that the operation of the Service will be uninterrupted or error free, or that the transmission of User Content through the Service will be entirely secure.

9.2 By using the Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any User Content you upload or send using the Service or make available to us through the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

9.3 To the fullest extent permissible under law, we hereby disclaim all liability to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, whether foreseeable or not, under contract or tort (including damages for loss of profits or loss of data, even if we are aware of or advised of the possibility of the same), resulting from:

  1. any error, omission, defect, deficiency or nonconformity of the Service or your inability to use the Service or any part thereof;
  2. in whole or in part, your own act, omission, default or failure to perform your obligations hereunder;
  3. unauthorized access to, disclosure of or alteration of any part or whole of your User Content;
  4. third party claims against you;
  5. your access to and/or use of Third Party Sites, or Third Party Services (as defined in the Privacy Policy);
  6. your use of the Service or any use of the Service referable to your UserID and/or Password; and/or
  7. any other matter relating to the Service.

    9.4 Your use of the Service is entirely at your own risk. If you are dissatisfied with any part or whole of the Service, your sole remedy is to discontinue use of the Service.

    9.5 Nothing in these Terms of Use shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable laws.

    10. TERMINATION

    10.1 In addition to any right or remedy that may be available to us under these Terms of Use or any applicable law, we expressly reserve the right to suspend, limit or terminate your access to or use of the Service, and/or to terminate these Terms of Use, at any time, with or without prior notice to you, if you commit a breach of any provision under these Terms of Use.

    10.2 In the event of any termination of these Terms of Use for any reason whatsoever, you shall not be entitled to any refund of any payments made by you.

    10.3 Upon termination of the Terms of Use:

    1. all rights granted to you hereunder;
    2. you must immediately cease using the Service or any Service Content;
    3. you must immediately uninstall, delete or remove the Bindly App from the Device, destroy all copies of the Bindly App (and Service Content) then in your possession, custody or control and, if required by us, certify to us in writing that you have done so; and
    4. we may remotely access and remove the Bindly App from the Device.

    11. VARIATIONS

    11.1 We may modify or revise the terms of these Terms of Use at any time in the exercise of our sole discretion, and you agree to be bound by all such modifications or revisions. We may notify you of changes to the terms of these Terms of Use by:

    1. displaying the new terms on-screen when you next start or launch the Bindly App and requiring you to read and accept them to continue your use of the Bindly App;
    2. email, via an online service or otherwise; or
    3. any combination of the foregoing.

    Notwithstanding the foregoing, you agree to periodically review and keep yourself informed of the most up-to-date version of these Terms of Use, at the Site.

    11.2 If you do not agree to any modification or revision to these Terms of Use or the Privacy Policy, you are to stop using the Service immediately and comply with all the provisions in Clause 10.3.

    12. GENERAL

    12.1 These Terms of Use, together with our Privacy Policy, constitute the entire agreement between us in relation to your use of the Service.

    12.2 These Terms of Use and the Privacy Policy are governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute concerning these Terms of Use shall be subject to the exclusive jurisdiction of the Courts of Singapore.

    12.3 If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

    12.4 We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations, the provision of the Service (or any part thereof) or in the operation of the Bindly App that is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control including without limitation (i) Acts of God, nature, court or government, (ii) failure or interruption in public or private telecommunication networks, communications channels or information systems used in the provision of services; and (iii) acts or omissions of the provider of telephone data communication lines, or any third party service provider or party for whom we are not responsible.

    12.5 We may transfer our rights and obligations under these Terms of Use to another party without notice to you. You may not transfer any of your rights or obligations under these Terms of Use to another party.

    12.6 Failure or neglect by us to enforce at any time any of the provisions in these Terms of Use shall not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Terms of Use or prejudice our right to take subsequent action.

    Last updated: 13 April 2015