1. By using our website and application you accept these terms and conditions
1.1 By clicking on the “I Agree” icon on https://www.binded.app/ (Website), you confirm that you accept these terms and conditions of use of our Website (Terms and Conditions) and that you agree to comply with them.
1.2 If you do not agree to these terms, you must not use our Website or application.
1.3 We recommend that you print a copy of these terms for future reference.
2. There are other terms that may apply to you
These terms of use refer to the following additional terms, which apply to your use of our Website or application:
3. We may make changes to these Terms and Conditions
3.1 We may amend these Terms and Conditions from time to time. Every time you wish to use our Website or application, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time.
3.2 You may determine if any such amendment has taken place by referring to the date on which these Terms and Conditions were last updated. Your continued use of our Website or application constitutes your acknowledgement and acceptance of such changes.
4. We may modify, suspend or withdraw our site
4.1 We reserve the right to update or modify our Website or application from time to time. We do not guarantee that our Website or application, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website or application at any time without ascribing any reasons.
4.2 You are also responsible for ensuring that all persons who access our Website or application through your internet connection are aware of these Terms and Conditions and any other applicable terms and that they comply with them.
5. Proprietary rights
5.1 This Website and application is owned and operated by Binded App PTE. LTD. (we, our, us, or “Binded”).
5.2 The materials located on this Website or application, including the information as well as any software programs made available on or through this Website (the Contents) are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents are owned by, licensed to, or controlled by Binded App PTE. LTD.
6. Access to our Website or application
6.1 You agree to comply with any and all terms, guidelines, notices, policies, and instructions pertaining to the use and/or access of our Website or application, as well as any amendments to the aforementioned issued by us from time to time.
6.2 You acknowledge and agree that to access and use certain services on our Website or application, you will be required to register and additionally shall be bound to strictly comply with any other terms and conditions (where applicable) in addition to these terms.
6.3 You may not adapt or circumvent the systems in place in connection with our Website or application nor access our Website or application other than through normal operations.
6.4 Failure to comply with these Terms and Conditions may result in our taking of actions we reasonably deem appropriate, including any or all of the following actions:
- (a) Immediate, temporary or permanent withdrawal of your right to use our Website or Application;
- (b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website or Application;
- (c) Issue of a warning to you;
- (d) Legal proceedings against you for reimbursement of all of our costs (including but not limited to reasonable administrative and legal costs) resulting from the breach;
- (e) Further legal action against you; and/or
- (f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.5 All disclaimers, indemnities, and exclusions in these Terms and Conditions shall survive termination of the agreement between us for any reason.
7. Restrictions on use of materials
7.1 Except as otherwise provided, the Contents of this Website or Application shall not be produced, republished, uploaded, posted, transmitted, or otherwise distributed in any way without the prior written permission of Binded.
7.2 You must not use any part of the Contents of this Website or Application for commercial purposes without obtaining a licence to do so from us or our licensors.
7.3 Modification of any of the Contents or use of the Contents for any other purpose will be a violation of Binded’s copyright and other intellectual property rights. Graphics and images on this Website or Application are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective copyright owners.
7.4 If you print off, copy or download any part of our Website or Application in breach of these Terms and Conditions, your right to use our Website or Application will cease immediately and you must, at our option, return or destroy any copies of the material you have made.
8. Disclaimer of liability
8.1 The Contents of this Website or Application are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, Binded does not warrant and hereby disclaims any warranty:
- (a) As to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Contents of this Website or Application; and
- (b) That the Contents available through this Website or Application or any functions associated therewith will be uninterrupted or error-free or that defects will be corrected or that this Website and the server will be free of all bugs, viruses and/or other harmful elements.
8.2 To the fullest extent permitted by law, we shall not be liable for any damage or loss of any kind howsoever caused as a result (indirect or direct) of the use of this Website or Application including but not limited to any damage or loss suffered as a result of reliance on the Contents contained or available from this Website.
8.3 The Contents of this Website or Application do not constitute financial, legal or other professional advice. If financial, legal or other professional advice is required, services of a competent professional should be sought.
8.4 You are responsible for configuring your information technology, computer programs, and platform to access our Website or Application. You should use your own virus protection software.
8.5 Although we make reasonable efforts to update the information on our Website or Application, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or Application is accurate, complete or up-to-date.
9. You must keep your account details safe
9.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
9.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by use at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
9.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@binded.app.
10. We are not responsible for websites or applications we link to
Where our Website or Application contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
11. Prohibited uses
You may use our Website or Application only for lawful purposes. You may not use our Website or Application:
- (a) In any way that breaches any applicable local, national or international law or regulation;
- (b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- (c) For the purpose of harming or attempting to harm minors in any way;
- (d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- (e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- (f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
12. Prohibited activities
12.1 You also agree:
- (a) Not to reproduce, duplicate, copy or re-sell any part of our Website or Application in contravention of the provisions of these Terms and Conditions;
- (b) Not to access without authority, interfere with, damage or disrupt:
- (i) Any part of our Website or Application;
- (ii) Any equipment or network on which our Website or Application is stored;
- (iii) Any software used in the provision of our Website or Application; or
- (iv) Any equipment or network or software owned or used by any third party.
13. Indemnity
13.1 You agree to indemnify and hold harmless Binded, its directors, officers, employees, affiliates, agents, contractors, and licensors 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:
- (a) Your use of and access to the Website or Application;
- (b) Your violation of any term of these Terms and Conditions;
- (c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- (d) Any claim that your use of the Website or Application caused damage to a third party.
13.2 This indemnification obligation will survive the termination of your account or your use of the Website or Application.
14. Governing law and jurisdiction
14.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore.
14.2 In the event of any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, you and we both agree or are deemed to have agreed that the Singapore courts will have exclusive jurisdiction.
14.3 Or, if the Company prefers to direct the dispute to arbitration, then:
- (a) Any dispute arising out of or in connection with these Terms and Conditions, 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.
- (b) The seat of the arbitration shall be Singapore.
- (c) The Tribunal shall consist of one (1) arbitrator.
- (d) The language of the arbitration shall be English.
- (e) The law for the arbitration agreement shall be Singapore law.
15. General
15.1 A failure by us to exercise or enforce any rights conferred upon us by these Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
15.2 If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
15.3 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of these Terms and Conditions, and the application of the Contracts (Rights of Third Parties) Act is expressly excluded.
15.4 You agree that we can transfer our rights and obligations under these Terms and Conditions to any company, firm or person. You may not transfer your rights or obligations under these Terms and Conditions to anyone else.