The following forms additional Terms and Conditions for using and accessing InSightTM Servicing ("ISS") application.
By using and accessing the application and, you are deemed to accept the following as well as the CAPPS SOLUTIONS Terms and Conditions of Use.
In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User on the ISS Application as part of Registration.
"Privacy Policy" means the privacy policy set out in Clause 13 of these Terms and Conditions of Use.
"Register" means to create an Account on the ISS Application and "Registration" means the act of creating such an Account.
"Users" means users of the ISS Application, including you, contractors or subcontractors of your organization and "User" means any one of them.
2.1
Applicability of terms and conditions: The use of the ISS Application is subject to these Terms and Conditions of Use.
2.2
Location: The ISS Application is designed for use by Users who access the ISS Application in Singapore. Notwithstanding the above, if you access the ISS Application from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws in that country including the laws of Singapore. We highly recommend that you engaged with us if there are any requirements for usage outside Singapore.
2.3
Scope: The ISS Application is for the licensed entity business purpose use only and must not be commercially traded to another third party nor for personal use of the Users.
2.4
Prevention on use: We reserve the right to prevent you using the ISS Application.
2.5
Equipment and Networks: The provision of the ISS Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the ISS Application. To use the ISS Application, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the ISS Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the ISS Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.
2.6
Permission to use ISS Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the ISS Application, you will be assumed to have received permission from the bill payer for using the ISS Application.
2.7
License to Use Material: By submitting any text or images (including photographs) ("Material") via the ISS Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
3.1
You agree to receive pre-programmed notifications ("Location Alerts") on the ISS Application if you have turned on location and notification services on your mobile telephone or other handheld devices (as the case may be).
4.1
We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the ISS Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us through the publicly available contact channels of our company.
4.2
We do not warrant that your use of the ISS Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the ISS Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the ISS Application, access to the ISS Application may be suspended, restricted or terminated at any time.
4.3
We do not give any warranty that the ISS Application is free from viruses or anything else which may have a harmful effect on any technology.
4.4
We reserve the right to change, modify, substitute, suspend or remove without notice any information on the ISS Application from time to time. Your access to the ISS Application may also be occasionally restricted to allow for repairs, maintenance or the introduction of new products or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information from the ISS Application at any time.
4.5
We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
5.1
If you use (or anyone other than you, with your permission uses) the ISS Application in contravention of these Terms and Conditions of Use, we may suspend your use of the ISS Application.
5.2
If we suspend the ISS Application, we may refuse to restore the ISS Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
5.3
CAPPS SOLUTIONS PTE. LTD. shall fully co-operate with any law enforcement authorities or court order requesting or directing CAPPS SOLUTIONS PTE. LTD. to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
5.4
Without limitation to anything else in this Clause 7, we shall be entitled immediately or at any time (in whole or in part) to:
(a)
suspend the ISS Application;
(b)
(b) suspend your use of the ISS Application; and/or
(c)
suspend the use of the ISS Application for persons we believe to be connected (in whatever manner) to you, if:
5.4.1.1
you commit any breach of these Terms and Conditions of Use;
5.4.1.2
we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
5.4.1.3
we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
5.4.1.4
Our rights under this Clause 7 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
6.1
The ISS Application, the information on the ISS Application and use of all related functions are provided on an "as is, as available" basis without any warranties whether express or implied.
6.2
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the ISS Application and its contents, including in relation to any inaccuracies or omissions in the ISS Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
6.3
We do not warrant that the ISS Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the ISS Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
6.4
While we may use reasonable efforts to include accurate and up-to-date information on the ISS Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
6.5
We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the ISS Application and the services offered in the ISS Application, your access to, use of or inability to use the ISS Application or the services offered in the ISS Application, reliance on or downloading from the ISS Application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
6.6
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the ISS Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
6.7
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
6.8
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the ISS Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of
(a)
your use of the ISS Application,
(b)
any other party’s use of the ISS Application using your user ID, verification PIN and/or any identifier number allocated by CAPPS SOLUTIONS PTE. LTD., and/or
(c)
your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
8.1
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the ISS Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
8.2
Nothing contained on the ISS Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the ISS Application without our written permission. Misuse of any trademarks or any other content displayed on the ISS Application is prohibited.
8.3
We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
9.1
We may periodically make changes to the contents of the ISS Application, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the ISS Application.
9.2
We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the ISS Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
10.1
The ISS Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the ISS Application both you and we agree that the laws of Singapore, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the ISS Application.
10.2
You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Singapore in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
Access to the Website and/or Application is subject to our Privacy Policy. By accessing the Website and/or Application, you are deemed to have accepted this Privacy Policy.
Last Updated
:
1 January 2023
Version
:
2023.1