PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY PRIOR TO DOWNLOADING, INSTALLING, ACCESSING, AND/OR USING ANY UKISS Technology Pte Ltd (“UKISS”) RESOURCES. BY YOU, AS A CUSTOMER OF UKISS, DOWNLOADING, INSTALLING, ACCESSING, AND/OR USING UKISS SOFTWARE, YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE HEREIN, PLEASE DO NOT DOWNLOAD, INSTALL, AND/OR USE ANY OF THE UKISS SOFTWARE.
- These Terms of Use apply to you for access and/or use of information technology resources made available by or through UKISS (hereinafter referred to as “SOFTWARE”).
- You hereby undertake to comply fully with the Terms of Use and any applicable license agreements of the third-party licensor (“EULA”) when you download, install, access or use any SOFTWARE. In consideration of your undertaking, UKISS grants you a one-time, limited, non-transferable, revocable, and non-exclusive permission to access and/or use the SOFTWARE for a limited term. SOFTWARE includes but is not limited to the following:
- UKISS Hub and its suite of utility software applications, extensions, and products;
- UKISS Suite of software applications and supporting software tools and plug-ins for Date Security;
- UKISS Mobile Wallet App and its supporting software tools and plug-ins;
- Any other UKISS SOFTWARE product/s that is/are designated as subject to these Terms of Use in the Customer
- In respect of software (including software applications), you are only permitted to install the software in your designated Personal Computer/notebook or home computer. You acknowledge that the copyright and proprietary rights in the software are the sole and exclusive property of the rightful software owner or licensor. You undertake that you will not, either by yourself or together with any person, duplicate, transfer, or reproduce the software in any form to any other computer or separate the components of the software, or rent, lease, sub-license, loan, distribute, copy, modify, adapt, merge, translate, reverse engineer, decompile, broadcast, disseminate, disassemble or create derivative works based on the whole or any part of the software or its associated documents or otherwise deal with the software in breach of your undertaking. You will not permit, procure, allow, or facilitate any person to do any unauthorized acts in relation to the software. You shall be responsible for the maintenance of the security of the SOFTWARE provided to you. In this regard, you shall not reveal your login credentials to anyone. You shall notify us immediately if you become aware or have reason to suspect that the security of the SOFTWARE has been compromised. UKISS reserves the right to suspend or stop providing you with the SOFTWARE if you do not comply with the terms set out herein, or if UKISS is investigating any suspected non-compliance of the same.
- In the course of your access and/or use of the SOFTWARE, you may receive, transmit, upload, host, store, process, send, and share information, text, software, images, videos, messages, or data that may belong to you or to other third parties (“User Content”). You represent and warrant that you have all the rights, including intellectual property rights, necessary for such User Content to be received, transmitted, uploaded, hosted, stored, processed, sent and shared in the course of your access and/or use of the SOFTWARE, and that the collection, use and retention of such User Content by UKISS and/or its service providers in the course of providing you with the SOFTWARE will not result in UKISS and/or its service providers infringing, or being in violation of, any law and/or third party’s rights. You grant to UKISS and its service providers a worldwide, non-exclusive, irrevocable, and royalty-free license to collect, use, reproduce, host, store, retain, reformat, transmit, and make copies of such User Content as is necessary for UKISS to provide the SOFTWARE to you. You hereby acknowledge and agree that it is your sole responsibility to create regular backups of your User Content.
- You acknowledge that the use of the SOFTWARE is at your own risk and that UKISS provides the SOFTWARE on an “as is” and “as available” basis. UKISS hereby disclaims any and all representations and warranties, whether express, implied, statutory, or otherwise, that the SOFTWARE will meet any requirements or be fit for a particular purpose, or that the operation of any SOFTWARE will be uninterrupted or error-free.
- Unless otherwise permitted by UKISS, you undertake to immediately remove and/or discontinue use of the SOFTWARE upon cessation of membership, or upon notification by UKISS for any reason, whichever event occurs first. UKISS reserves the right to modify the SOFTWARE temporarily or permanently, for any reason, with or without notice; or terminate or suspend any SOFTWARE with ninety (90) days’ advance notice in writing if it deems it impractical to continue providing the SOFTWARE at its sole discretion. You agree that UKISS will not be liable to you or any third party for any modification, suspension, or discontinuance of the SOFTWARE.
- Software Updates. UKISS shall (i) use the most current version of software required to support the performance of Services, including anti-virus and other security software, (ii) regularly review its software applications and systems in light of new products or software releases providing enhanced functionality, (iii) replace or “patch” existing software as enhancements become available as determined appropriate by UKISS and consistent with good industry practice, (iv) bug fixes, (v) additional functions and features, (vi) improve UI/UX (vii) security enhancement (viii) software compatibility
- To the fullest extent permitted by law, UKISS, UKISS’ representatives, and third-party service providers will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary loss or damage whether in any case arising from or related to (a) the SOFTWARE, (b) your access and/or use, or inability to access and/or use, the SOFTWARE, (c) any loss of or damage to your User Content howsoever caused, or (d) claims by any third parties, regardless of the type of claim, whether in contract, tort (including negligence), warranty, misrepresentation, whether or not foreseeable, and regardless of the cause of such damages and/or losses even if UKISS has been advised of (or is otherwise aware of) the possibility of such damages and/or losses in advance. Nothing in these Terms of Use shall limit a party’s liability for death or personal injury resulting from his/her negligence.
- You agree to indemnify and keep UKISS indemnified against any and all loss, cost, damage, expense, or liability, including without limitation, reasonable attorney fees and costs, incurred or suffered by UKISS as a result of any claim or cause of action asserted against UKISS by a third party in connection with or arising from your breach of any of the terms contained herein. You acknowledge that you are personally accountable for your use of SOFTWARE and any breach of your undertaking or your unauthorized use, will also constitute an offence and you may be liable for copyright or other intellectual property infringement claims rendering you liable for civil damages and/or criminal punishment under applicable laws.
- General. These Terms of Use and any matters related to the same shall be governed by and construed in accordance with the laws of the Republic of Singapore without giving effect to any choice of law principles thereof which would result in the application of the laws of any other jurisdiction. The failure of UKISS to enforce any of the terms set out herein shall not constitute a waiver of such a right and shall at no time and in no manner affect the right of UKISS to enforce such a term at a later time. If any provision of these Terms of Use is held to be invalid or unenforceable by any judgment of a tribunal, the remainder of these Terms of Use shall not be affected by such judgment and the terms and conditions of these Terms of Use shall be carried out as close as possible according to the original terms and the intent reflected in these Terms of Use. UKISS may provide any notice or other communication required or permitted to be given hereunder, including those regarding any amendments to the Terms of Use, by circular, email, and/or regular mail. You agree that such notices by circular, email, or regular mail will constitute sufficient and adequate notice to you of the matters contained therein. UKISS reserves the right to amend these Terms of Use or to implement additional policies, without your consent, from time to time in the future. Although UKISS will use reasonable endeavor to inform you of such changes, you agree that you will share the responsibility of staying informed about these Terms of Use and any other policies regarding the use of the SOFTWARE. Your continued access and/or use of the SOFTWARE constitutes your agreement to the new Terms of Use. If you do not agree with the amended or updated Terms of Use, please do not use the SOFTWARE.
- The software is provided “as is” and UKISS disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall UKISS be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of this software.