Terms of Service

Last updated: 7 January 2019

 

 

Background

Please read all of the following terms and conditions of service ("TOS") carefully before using this website. By continuing to access, link to, or use this website and the information contained hereon, including but not limited to text, content, photographs, video, audio and graphics (the "Website"), or any service on the website, you acknowledge that you have read the TOS and that you agree to be bound by the TOS.

 

TheSimpleSum ("TSS") reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by TSS and shall be of no force or effect.

This Website is own by Palm 3 Asia Pte Ltd (company registration number 201306875M)

 

Introduction

You agree that by clicking “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Palm 3 Asia Pte Ltd (brand name: TheSimpleSum). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

 

Services

This Contract applies to TSS, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads. Registered users of our Services are “Subscribers” and unregistered users are “Visitors”. This Contract applies to both Subscribers and Visitors.

 

Subscribers and Visitors

When you register and join the Service or become a registered user, you become a Subscriber. If you have chosen not to register for our Services, you may access certain features as a “Visitor”.

 

Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before it becomes effective. If you object to any changes, you may close the account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

 

Notices and Messages

TSS uses email to communicate with users. You hereby authorize and agree that TSS may communicate with you via email and you consent to receiving and giving any notice required under the TOS or any other agreement with TSS via email. TSS will use reasonable efforts to honour any request you may have to opt out from receiving emails, but under no circumstance will TSS have any liability for sending any email to you or to any of its customers. You agree to keep your contact information up to date. 

 

Service Availability

We may change, suspend or end any Service, or change and modify prices (if applicable) prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

 

Intellectual Property Rights

This Website, including but not limited to text, content, photographs, video, audio, graphics, user interface design or logos are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the SINGAPORE and other countries. The Website is also protected as a collective work or compilation under SINGAPORE copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You acknowledge that the Website has been developed, compiled, prepared, revised, selected, and arranged by TSS, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of TSS and such others. You agree to protect the proprietary rights of TSS. TSS reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. 

 

 

Restriction of Use

You may not use the Website for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Website solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Website in any manner that could compete with the business of TSS or any of its suppliers.

 

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Website, except that you may download material from the Website and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Website without TSS’s prior written consent. You may use the "share" function solely to inform others about a TSS article, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Website for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of TSS. The Website and the information contained therein may not be used to construct a database of any kind. Nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Website. You may not use the Website in any way to improve the quality of any data sold or contributed by you to any third party.

 

You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Website that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of TSS, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv)infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.

 

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of TSS in any manner which creates the impression that such items belong to or are associated with you or are used with TSS’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

 

TSS also reserves 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 TOS, 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 us, our users and the public.

 

TSS reserves the right to edit, restrict or remove any content you provide for any reason or no reason at any time. The information and materials made available through the Website may contain typographical errors or inaccuracies. In addition, TSS does not control the information provided by other users that is made available through the Platform. TSS reserves the right to refuse service, terminate relationships, and/or cancel orders in its discretion.

 

License

You acquire absolutely no rights or licenses in or to the Website and materials contained within the Website other than the limited right to utilize the Website in accordance with the TOS. Should you choose to download content from the Website, you must do so in accordance with the TOS. Such download is licensed to you by TSS only for your own personal, non-commercial use in accordance with the TOS and does not transfer any other rights to you.

 

If you submit material to this site or to TSS or its representative, unless TSS indicates otherwise, you grant to TSS a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit, such content for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in TSS’s discretion without additional notice, attribution or consideration to you or to any other person or entity. You grant TSS the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify TSS and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. TSS and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no

liability for any material submitted by you or any third party.

 

Fees and Payments

There is currently no subscription fee for the usage of the website. TSS reserves the right at any time to charge fees for access to portions of the Website or the Website as a whole. If at any time TSS requires a fee for portions of the Website or the Website as a whole, TSS will require you to register and create an account. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by TSS or by any other vendor or service provider. 

 

Automated Processing

We will use the information and data that you provide to make recommendations for content, that may be useful to you. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

 

No Warranty

To the extend under law, TSS (A) disclaim all implied warranties and representations (eg. Warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement) (B) Do not guarantee that the service will function without interruption or errors, and (C) provide the service (including content and information) on an “as is” and “as available” basis.

 

Services that we are not obligated to perform

We have no obligation to monitor or enforce any intellectual property rights that may be associated with content you provide us, but we have the right to enforce any rights which we may have through any means we see fit. We do not control or endorse all of the content, messages or information found on our Website or external sites that may be linked to or from our Website and, therefore, we specifically disclaim any responsibility with regard thereto.

We have no obligation to accept, display, review, monitor, or maintain any content submitted by users, user forum posts, commentary, ratings or compliments ("Comments"). We have the right to delete content or Comments from our Sites without notice for any reason at any time. We may move, re-format, edit, alter, distort, remove or refuse to exploit content or Comments without notice to you and without liability. Notwithstanding the forgoing rights, we reserve the right to treat content provided by users and Comments as content stored at the direction of users for which we will not exercise editorial control except as required to enforce the rights of third parties and applicable content restrictions below when violations are brought to our attention.

 

Limitation to liability

To the extent permitted under law, TSS and its affiliates (and those that TSS works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content). This limitation of liability is part of the basis of the bargain between you and TSS and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if TSS or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

 

TSS does not warrant that the Website is compatible with your equipment or that the Website, or e-mail sent by TSS or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. TSS is not responsible for the availability, content, or accuracy of other Websites, services, or goods that may be linked to, or advertised on, the Website. TSS does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods, or advertisements that may be linked to the Website; or (c) make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to the Website. 

Under no circumstances, including but not limited to negligence, shall TSS, its suppliers, agents, directors, officers, employees, representatives, successors, or assigns be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if TSS has been advised specifically of the possibility of such damages, arising from use of or inability to use the website or any links or items on the website or any provision of the TOS, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall TSS’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.


Your Authority to agree to this TOS

You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii)you are at least eighteen (18) years old.

 

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless TSS, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Website, or any links on the Website, including, but not limited to: (i) your use or someone using your computer’s use of the Website; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Website by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. TSS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TSS in asserting any available defence. You acknowledge and agree to pay TSS’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by TSS under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify TSS pursuant to the TOS.

 

Governing Law

The TOS shall be governed and construed in accordance with the laws of the Singapore. The courts of Singapore shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes which may arise out of or in connection with the Website or from a dispute as to the interpretation or breach of the TOS, and for such purposes, you agree to submit to the jurisdiction of the courts of Singapore. Each party hereby waives any objection which it might at any time have to the courts of Singapore being nominated as the forum to hear and determine any proceedings and to settle any disputes.

 

Miscellaneous

You accept that TSS has the right to change the content or technical specifications of any aspect of the Website at any time in TSS’s sole discretion. You further accept that such changes may result in you being unable to access the Website. The failure of TSS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

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