Website Terms of Use
Application of Terms
These Terms apply to your use of the Website. By accessing and using the Website:
- you agree to these Terms; and
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person's behalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
Changes
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
We reserve the right to make any change to the Content without notice. We may also make improvements or changes to the products, services or programs described in the Content at any time without notice. Such improvements or changes may render the Content inaccurate, incomplete or unreliable.
Definitions
In these Terms:
- including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
- personal data means information about an identifiable, living person
- Terms means these terms and conditions titled Website Terms of Use
- Underlying System means any network, system, software, data or material that underlies or is connected to the Website
- User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
- We, us or our means Podium Pte. Ltd. UEN: 202345021K of 168, ROBINSON ROAD, #18-02, CAPITAL TOWER, SINGAPORE 068912
- Website means Podium.io
- You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Your Obligations
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@podium.io
You must:
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to marketing@podium.io.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
Intellectual Property
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) ("Content"), and the Underlying Systems. You must not copy, distribute, republish, download, display, post or transmit Content in any form or by any means without our prior written consent or the written consent of the intellectual property owner.
Any feedback sent to us through the Website including, but not limited to, questions, comments and suggestions (collectively "Feedback"), will be deemed to be non-confidential and ownership of any right in the Feedback shall vest on its creation in us. For the avoidance of doubt, we are free to use, reproduce, modify, adapt, disclose, exhibit, display and distribute the Feedback to others, including any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback without any notice or payment to you.
We reserve the right to amend or remove any Content from the Website at any time and for any reason.
The word "PODIUM" and the accompanying logo are owned by us and registered in a number of countries around the world.
Any other trademarks appearing on this Website are either owned by us or a third party. You must not use any trademarks, including those trademarks specified above, that appear on the Website without the written consent of us or the applicable trademark owner.
Disclaimers
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website ("Third Party Site"). Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. You acknowledge and agree that your use of such Third Party Sites is governed by the respective terms and conditions and/or privacy policies of the Third Party Sites. These links are provided for your information only and we have no control over and do not monitor the content of Third Party Sites.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws. While we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that the Website will be suitable for your business purpose, that the Website, Content or information obtained from the Website is accurate, complete or reliable.
The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:
- Constitute an offer or inducement to enter into a legally binding contract;
- Form part of the terms and conditions for our products and services;
- Purport to provide you with personal financial or investment advice of any kind; or
- Take account of your particular financial position or requirements.
Liability
Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any legislation which may not be excluded, restricted or modified by these Terms.
To the fullest extent permitted by law, we, our directors, officers, employees, agents and contractors expressly exclude all liability to you or any other person for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or in connection with the content or the Website (or information or material accessed via the Website), or to access of the Website by you, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. Our liability for any breach of an implied condition or warranty is limited to us doing any one or more of the following (at our election):
- Resupplying goods or services to you or supplying equivalent goods or services;
- Repairing goods; or
- Paying the cost of having the goods or services resupplied or goods repaired.
Privacy Policy
You are not required to provide personal data to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
When you provide personal data to us, we handle all personal data in accordance with our Privacy Policy and will comply with the Personal Data Protection Act 2012.
The personal data you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
Generally, we do not disclose personal data to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
- in relation to the proposed purchase or acquisition of our business or assets; or
- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
Any personal data you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside Singapore. This may involve the transfer of your personal data to countries which have less legal protection for personal data than Singapore.
You have the right to request access to and correction of any of the personal data we hold about you. If you would like to exercise these rights, please email us at marketing@podium.io.
Suspension and Termination
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
General
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of Singapore. Each party submits to the non-exclusive jurisdiction of the Courts of Singapore in relation to any dispute connected with these Terms or the Website.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.