1
Terms of service
Please read
the terms of service (the "Terms of Service") set forth below, as
they apply to your access and use of our services, including our various websites,
APIs, email notifications, applications buttons and widgets (the "Services"),
and any information, text, graphics, photos or other materials uploaded,
downloaded or appearing on the Services (collectively referred to as the "Content").
Your access to and use of the Services signifies your acceptance of these Terms
of Service and agreement to be bound by them and any and all other applicable
terms referenced herein absolutely.
2
Other applicable terms
2.1
These Terms of Service refer to the additional terms in our Privacy
Policy Statement, which also apply to your use of our Services.
2.2
Our Privacy Policy Statement sets out the terms on which we process any
personal data we collect from you, or that you provide to us. By using our
Services, you consent to such processing and you warrant that all data provided
by you is accurate. You understand that through your use of the Services you
consent to the collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information both within and outside
of Singapore for storage, processing and use by us. As part of providing you
the Services, we may need to provide you with certain communications, such as
service announcements and administrative messages. These communications are
considered part of the Services and your www.stendard.io account,
which you may not be able to opt-out from receiving.
3
Information about us
The Services
are provided and operated by YNL 360 Pte. Ltd. d.b.a. Stendard
("Stendard"). We are a limited liability company registered in
Singapore with Unique Entity Number 201611466Z and have our
registered office at 500 Dover Road Singapore 139651, InnoVillage INV C28.
4
Changes of terms
We may amend
the Terms of Service from time to time at our sole discretion without notice or
liability to you. By continuing to use the Services following such amendments
to the Terms of Service, you agree to be bound by such amendments.
5
Changes to our services
5.1
The Services that we provide are always evolving and the form and nature
of the Services that we provide may change from time to time without prior
notice to you. In addition, we may stop (permanently or temporarily) providing
the Services (or any features within the Services) to you or to users generally
and not be able to provide you with prior notice. We also retain the right to
create limits on use and storage at our sole discretion at any time and without
prior notice to you.
5.2
We make no representations, warranties or guarantees, whether expressed
or implied, that our Services or any content on our site is accurate, complete,
up-to-date or free from errors or omissions.
6
Accessing our services
6.1
Our Services are made available free of charge.
6.2
We do not guarantee that our Services, or any content, will always be
available or be uninterrupted. Access to our Services is permitted on a
temporary basis. We may suspend, withdraw, discontinue or change all or any
part of our Services without notice. We will not be liable to you if for any
reason our Services are unavailable at any time or for any period.
6.3 You are responsible for making all arrangements necessary for you to
have access to our Services.
6.4
You are also responsible for ensuring that all persons who access our
Services through your internet connection are aware of these Terms of Service
and other applicable terms and conditions, and that they comply with them.
7
Your account and password
7.1
You are responsible for safeguarding the password that you use to access
the Services and for any activities or actions under your password. We
encourage you to use "strong" passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with your
account. You must treat such information as confidential. You must not disclose
it to any third party. Stendard cannot and will not be liable
for any loss or damage arising from your failure to comply with the above.
7.2 We have the right to disable any password, whether chosen by you or
allocated by us, at any time, if in our reasonable opinion you have failed to
comply with any of the provisions of these Terms of Service.
7.3 If you know or suspect that anyone other than you knows your password,
you must promptly notify us at administrator@stendard.io.
8
Your licence to use the services
Stendard gives
you a personal, worldwide, royalty-free, non-assignable and non-exclusive
licence to use the software that is provided to you by us as part of the
Services. This licence is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Stendard, in the manner
permitted by these Terms of Service.
9
Our Intellectual property rights
9.1 All intellectual property rights subsisting in respect of the Services
belong to Stendard or have been lawfully licensed to Stendard for
use in connection with the Services. All rights under applicable laws are
hereby reserved. You are not allowed to upload, post, publish, reproduce,
transmit or distribute in any way any component of the website itself or create
derivative works with respect thereto, as the website is copyrighted under
applicable laws.
9.2
You agree that we are free to use, disclose, adopt and modify all and
any ideas, concepts, knowhow, proposals, suggestions, comments and other
communications and information provided by you to us (the "Feedback") in
connection with the Services and/or your use of the Services without any
payment to you. You hereby waive and agree to waive all and any rights and
claims for any consideration, fees, royalties, charges and/or other payments in
relation to our use, disclosure, adoption and/or modification of any or all of
your Feedback.
10
Your rights
10.1
You retain your rights to any Content you submit, post or display on or
through the Services. By submitting, posting or displaying Content on or
through the Services, you grant us a worldwide, non-exclusive, royalty-free
licence (with the right to sublicense) to use, copy, reproduce, process, adapt,
modify, publish, transmit, display and distribute such Content in any and all
media or distribution methods (now known or later developed).
10.2
You agree that this licence includes the right for us to provide,
promote, and improve the Services and to make Content submitted to or through
the Services available to other companies, organisations or individuals who
partner with Stendard for the syndication, broadcast,
distribution or publication of such Content on other media and services,
subject to our terms and conditions for such Content use.
10.3
Such additional uses by Stendard or other companies,
organisations or individuals who partner with Stendard may be
made with no compensation paid to you with respect to the Content that you
submit, post, transmit or otherwise make available through the Services.
10.4
We may modify or adapt your Content in order to transmit, display or
distribute it over computer networks and in various media and/or make changes
to your Content as are necessary to conform and adapt that Content to any
requirements or limitations of any networks, devices, services or media.
10.5
You are responsible for your use of the Services, for any Content you
provide, and for any consequences thereof, including the use of your Content by
other users and our third party partners. You understand that your Content may
be syndicated, broadcast, distributed, or published by our partners and if you
do not have the right to submit Content for such use, it may subject you to
liability. Stendard will not be responsible or liable for any
use of your Content by Stendard in accordance with these
Terms. You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content that you
submit.
11
Limited liability and warranty
Please read
this section carefully since it limits the liability of Stendard and
its parents, subsidiaries, affiliates, related companies, officers, directors,
employees, agents, representatives, partners, and licensors (collectively, the
"Entities of Stendard"). Each of the subsections below only applies
up to the maximum extent permitted under applicable law. Some
jurisdictions do not allow the disclaimer of implied warranties or the
limitation of liability in contracts, and as a result the contents of this
section may not apply to you. Nothing in this section excludes or limits our
liability for death or personal injury arising from our negligence or is
intended to limit any rights you may have which may not be lawfully limited.
All Information is for your general reference only. We do not accept any
responsibility whatsoever in respect of such information.
11.1
YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS
PROVIDED "AS IS", "AS AVAILABLE". THE SERVICES ARE FOR
YOUR PERSONAL USE ONLY AND THE ENTITIES OF STENDARD MAKE NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
11.2
THE ENTIRE LIABILITY OF THE ENTITIES OF STENDARD ENTITIES
AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS
RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT
OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR
SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND
ANY THIRD PARTY.
11.3
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES
OF STENDARD EXCEED ONE HUNDRED SINGAPORE DOLLARS (SGD 100).
11.4
The Entities of Stendard shall not guarantee or
assume any responsibility that:
(a)
the information presented in our Services is accurate, adequate, current
or reliable, or may be used for any purpose other than for general reference;
(b)
the information presented in our Services is free of defect, error,
omission, virus or anything which may change, erase, add to or damage your
software, data or equipment;
(c)
messages sent through the internet including in connection with the
services will be free from interception, corruption, error, delay or loss;
(d)
access to the Services will be available or be uninterrupted;
(e)
use of the Services will achieve any particular result; or
(f)
defects in the Services will be corrected.
11.5
Without limiting the generality of the foregoing, in no event will
the Entities of Stendard be liable to you or any other
person for any direct, indirect, incidental, special, punitive or
consequential loss or damages, including any loss of business, profit, goodwill
or reputation arising out of any use, or inability to use, the information
or the services, even if any of the Entities of Stendard has
been advised of the possibility of such loss or damages.
11.6
You will exercise and rely solely on your own skill and judgment in your
use and interpretation of the information and use of the services. You are
responsible to ensure that your use of the information and the Services
complies with all applicable legal requirements.
11.7
Without prejudice to the foregoing, if your use of the Services does not
proceed satisfactorily and/or where applicable you do not receive appropriate
responses to such use from us, as set out in these Terms of Service or
otherwise, you are advised to contact us at feedback@stendard.io.
No such lack of response shall be deemed to constitute any acquiescence or
waiver.
11.8
The limitation of liability contained in these Terms of Service will
apply to the fullest extent permitted by applicable laws.
12
Content on the services
12.1
All Content, whether publicly posted or privately transmitted, is the
sole responsibility of the person who originated such Content.
12.2
You warrant that any such contribution does comply with those standards,
and you will be liable to us and indemnify us for any breach of that warranty
and you will be responsible for any loss or damage we suffer as a result of
your breach of warranty.
12.3
Any content you upload to our site will be considered non-confidential
and non-proprietary, and we have the right to use, copy, distribute and
disclose to third parties any such content for any purpose. We also have the
right to disclose your identity to any third party who is claiming that any
content posted or uploaded by you to our site constitutes a violation of their
intellectual property rights, or of their right to privacy. We will not be
responsible, or liable to any third party, for the content or accuracy of any
content posted by you or any other user of our site.
12.4
The views expressed by other users on our site do not represent our
views or values. We do maintain the right to remove any posting you make on our
site if, in our opinion, your post does not comply with our content standards.
We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted
via the Services or endorse any opinions expressed via the Services. You
understand that by using the Services, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabelled or are otherwise deceptive.
12.5
Under no circumstances will we be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind, incurred directly or indirectly as a result of the
use of the Services by any third party, including without limitation any
defamatory, offensive, or illegal conduct of the third party, or the use of any
Content posted, emailed, transmitted, or otherwise made available via the
Services or broadcast elsewhere.
12.6
We may not monitor or control the Content posted via the Services and,
we cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted via the Services or obtained by you through the
Services is at your own risk.
13
Content copyright policy
13.1
Stendard respects the intellectual property rights of others
and expects users of the Services to do the same. We will respond to notices of
alleged copyright infringement that comply with applicable law and are properly
provided to us. If you believe that your Content has been copied in a way that
constitutes copyright infringement, please provide us with the following
information: (i) a physical or electronic signature of the copyright owner or a
person authorised to act on their behalf; (ii) identification of the copyrighted
work claimed to have been infringed; (iii) identification of the material that
is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material; (iv) your contact
information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the
material in the manner complained of is not authorised by the copyright owner,
its agent, or the law; and (vi) a statement that the information in the
notification is accurate, and that you are authorised to act on behalf of the
copyright owner.
13.2
We reserve the right to remove Content alleged to be infringing without
prior notice, at our sole discretion, and without liability to you. In
appropriate circumstances, we will also terminate a user's account if the user
is determined to be a repeat infringer. Our address for notice of alleged
copyright infringement appearing on the Services is administrator@stendard.io.
14
Use of the services
14.1
We reserve the right at all times (but will not have an obligation) to
remove or refuse to distribute any Content on the Services , to suspend or
terminate users, and to reclaim usernames without liability to you. We also
reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation,
legal process or governmental request, (ii) enforce the Terms of Service,
including investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of Stendard, its
users and the public.
14.2
We do not guarantee that our Services will be secure or free from bugs
or viruses. You are responsible for configuring your information technology,
computer programmes and platform in order to access our site. You should use
your own virus protection software.
14.3
You may not do any of the following while accessing or using the
Services: (i) access, tamper with, or use non-public areas of the
Services, Stendard's computer systems, or the technical delivery
systems of Stendard's providers; (ii) probe, scan, or test the
vulnerability of any system or network or breach or circumvent any security or
authentication measures; (iii) access or search or attempt to access or
search the Services by any means (automated or otherwise) other than through
our currently available, published interfaces that are provided by us (and only
pursuant to those terms and conditions), (scraping the Services without our
prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or
any part of the header information in any email or posting, or in any way use
the Services to send altered, deceptive or false source-identifying
information; or (v) interfere with, or disrupt, (or attempt to do so), the
access of any user, host or network, including, without limitation, sending a
virus, trojan, worm, logic bomb or other material which is malicious or
technologically harmful, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of Content in such a manner as to
interfere with or create an undue burden on the Services.
14.4
We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our Services
will cease immediately.
15
Linking to us
You may link
to our Services provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it. You must not establish a link in
such a way as to suggest any form of association, approval or endorsement on
our part where none exists. You must not establish a link to our Services in
any website that is not owned by you. We reserve the right to withdraw linking
permission without notice.
16
Third party links and resources in our site
16.1
The links from the Services may take you to other sites or services and
you acknowledge and agree Stendard has no responsibility for the
accuracy or availability of any Information provided by third parties
services and websites.
16.2 The Services may include advertisements, which may be targeted to the
Content or information on the Services, queries made through the Services, or
other information. The types and extent of advertising by Stendard on
the Services are subject to change. In consideration for us granting you access
to and use of the Services, you agree that Stendard and its
third party providers and partners may place such advertising on the
Services or in connection with the display of Content or information from the
Services whether submitted by you or others.
16.3
Links to other websites and services do not constitute an endorsement by
us of such websites or services, or the Information, products, advertising or
other materials available made available by such third parties.
17
Indemnity
You agree to
defend, indemnify and hold us harmless from and against all liabilities,
damages, claims, actions, costs and expenses (including without limitation
legal fees), in connection with or arising from your breach of any of these
Terms of Service and/or your use of the website. We may, if necessary,
participate in the defence of any claim or action and any negotiations for
settlement. No settlement which may adversely affect our rights or obligations
shall be made without our prior written approval. We reserve the right, at our
own expense and on notice to you, to assume exclusive defence and control of
any claim or action.
18
Severance
The
illegality, invalidity or unenforceability of any provision of these Terms of
Service under the law of any jurisdiction shall not affect its legality,
validity or enforceability under the laws of any other jurisdiction nor the
legality, validity or enforceability of any other provision.
19
Several users
If there are
two or more persons adhering to these Terms of Service as user, their liability
under the Terms of Service is joint and several, and their rights are joint.
20
Waiver
No failure or
delay by a party to exercise any right or remedy provided under this agreement
or by law shall constitute a waiver of that or any other right or remedy, nor
shall it prevent or restrict the further exercise of that or any other right or
remedy. No single or partial exercise of such right or remedy shall prevent or
restrict the further exercise of that or any other right or remedy.
21
Termination
21.1
The Terms of Service will continue to apply until terminated by either
you or us as follows.
21.2
You may end your agreement with us at any time for any reason by
deactivating your accounts and discontinuing your use of the Services. You do
not need to specifically inform us when you stop using the Services.
21.3
We may suspend or terminate your accounts or cease providing you with
all or part of the Services at any time for any reason, including, but not
limited to, if we reasonably believe: (i) you have violated these Terms of
Service or (ii) you create risk or possible legal exposure for us; or (iii) our
provision of the Services to you is no longer commercially viable. We will make
reasonable efforts to notify you by the email address associated with your
account or the next time you attempt to access your account.
21.4
In all such cases, any provision of these Terms of Service that
expressly or by implication is intended to come into or continue in force on or
after termination of this agreement shall remain in full force and effect.
21.5
Nothing in this section shall affect our rights to change, limit or stop
the provision of the Services without prior notice, as provided above in
Clause 5 Changes to our services.
22
Governing law and jurisdiction
These Terms
of Service shall be governed by Singapore law. You agree to submit to the
exclusive jurisdiction of the Singapore courts.
23
Languages
This
agreement is drafted in the English language. If this agreement is translated
into any other language, the English language version shall prevail.
Last updated: 26 October 2016
