Connector - Track and Dispatch

Last modified: 16 April, 2011

 

TERMS OF USE

Nano Equipment Pte Ltd, with offices located at 50 Bukit Batok St 23, #07-04 MidView Building, Singapore 659578 (“Nano Equipment“) provides the Connector Track& Dispatch service (the “Service”) to you, the user (“User“), through Nano Equipment internet websites and mobile applications (collectively, the “Sites”) subject to your compliance with all the terms and conditions contained or referenced herein (the “Agreement”).

The terms and conditions of the Agreement published on the Sites, as updated from time to time by Nano Equipment, constitute a binding, legal agreement between Nano Equipment and you.

By accessing the Sites or using the Service you hereby agree to, and are bound by, this Agreement. If you do not agree with any of the terms of this Agreement, do not access or use the Sites or the Service.  You understand and agree that Nano Equipment will treat your use of the Service as acceptance of the Agreement from that point onwards.

Nano Equipment expressly reserves the right to change the terms of this Agreement (including any additional terms) at any time. If Nano Equipment changes the terms of this Agreement, Nano Equipment will post an updated set of terms of use on the Sites and post a change notice of the changes in advance of implementing the changes.  If any change is unacceptable to you, you shall cease using the Sites and the Service and be able to terminate your registration and/or subscription (if any). If you do not cease using the Sites and the Service, you will be deemed to have accepted the change.

1. Legal Status

Each User hereby warrants that if it is a corporation or other legal entity, User is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement.  The Service is not available to minors under the age of 18.

2. Subscriptions and Payment

2.1. If User purchases a paid subscription to the Service (a “Subscription“), User shall pay all fees to Nano Equipment, as well as GST and any other applicable taxes, applicable to such Subscription, as published on the Sites at http://www.connector.sg/subscription from time to time. Nano Equipment may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of User’s Subscription. Nano Equipment will provide User with prior notice of any change in fees to allow User to cancel User’s Subscription prior to the end of the then-current term of User’s Subscription.

2.2. Subscription membership in the Service is on a continuous service basis. This means that, subject to the terms and conditions of this Agreement, Nano Equipment shall automatically renew User’s Subscription at the end of its term unless User’s Subscription is cancelled at any time prior to the end of the then-current Subscription. User will be charged a renewal rate equal to the rate for the immediately preceding Subscription period, based upon the Subscription program (annual, quarterly, monthly, etc.) that User has chosen, unless Nano Equipment has notified User of any new rate in advance. A cancellation of a Subscription requested by User will become effective on the date that the then-current Subscription period expires.

3. User Account

User is required to use a Google Apps^TM account to sign up for an account and login to the Service.  User acknowledges and agrees that User, and not Nano Equipment, is responsible for User’s account and all activities occurring in connection with the use of that account, whether or not User authorizes such activities.

4. User Content

4.1. User acknowledges and agrees that:

(a) all messages, information, data or other materials communicated, submitted or transmitted by User or respondents of User’s messages through the Sites or the Service (collectively, “User Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated,

(b) User, and not Nano Equipment, is responsible for all User Content that User or respondents of User’s messages upload, distribute, communicate, transmit, or otherwise make available using the Service or that is otherwise made available through the use of User’s account, whether or not authorized by User,

(c) by using the Sites and the Service, User may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, and

(d) by communicating or transmitting any User Content using the Sites or the Service, User grants to Nano Equipment an irrevocable, non-exclusive, royalty-free and worldwide license to use such User Content solely for the purpose of operating the Sites and supplying the Service, and User warrants to Nano Equipment that it has the right to grant such license for such purposes.

4.2. User further acknowledges and agrees that Nano Equipment does not control the User Content originating from User, respondents to User’s messages or other users of the Sites or the Service, and does not guarantee the accuracy, integrity or quality of such User Content.

4.3. Nano Equipment reserves the right to purge User Content from its databases at any time and from time to time without notice. User acknowledges and agrees that User is solely responsible for backing up any User Content uploaded to the Sites by User or received by User through the use of the Service. Nano Equipment shall not be liable for any purging, deletion or failure to retain any such User Content.

4.4. Nano Equipment may disable User’s account and User’s access to use the Sites and/or the Service and Nano Equipment may recover from User any losses, damages, costs or expenses incurred by Nano Equipment resulting from or arising out of User’s non-compliance with any provision of this Agreement.

5. User Obligations

In connection with User’s use of the Sites and the Service, and without limiting any of User’s other obligations under this Agreement or applicable law, User:

(a) shall comply with: (i) this Agreement, including all Nano Equipment’s policies as published on the Sites from time to time, (ii) all local and international laws applicable to User related to unsolicited messages, defamation, privacy, obscenity, intellectual property, data protection, or child protection, (iii) all other rules or regulations applicable to User, including, among other things, securities regulations, and (iv) all privacy policies or similar policies or procedures to which User may be bound that are related to User’s use of the Service;

(b) shall not distribute, communicate, transmit or otherwise make available any User Content: (i) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party, (iii) that User does not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any “junk mail”, “spam”, or any similar form of solicitation;

(c) shall not use the Sites or the Service to track and send messages to individuals under the age of 18 (“minors“) unless User is permitted to do so under all applicable laws, or to harm minors in any way, and shall not send messages to minors that would subject Nano Equipment to any local or international law, rule or regulation governing children’s privacy, rights or otherwise related to protecting minors;

(d) shall not impersonate any other person or entity, or falsely state or otherwise misrepresent User’s affiliation with any other person or entity;

(e) shall not interfere with or disrupt the Sites or the Service or servers or networks connected to the Sites or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites or the Service;

(g) shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Sites or the Service in any manner;

(h) shall not upload, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a mobile phone, computer, the Sites, or the Service; and

(i) shall be responsible for all the data charges incurred by the device(s) that the User connects to the Sites for use with the Service as may be billed by the User’s mobile service provider(s).

User further acknowledges and agrees that Nano Equipment may cooperate with any governmental authority in connection with any investigation into User’s use of the Sites or the Service, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any User Content, and any other information pertaining to the User or to User’s use of the Sites or the Service, to such governmental authority in connection with any such investigation.

6. Indemnity by User

User shall indemnify, defend and hold harmless Nano Equipment, its affiliates, and their respective directors, officers, employees, servants and agents from and against all claims, demands, damages, liabilities and costs (including legal fees on a full indemnity basis) arising out of or in connection with:

(a) User’s use of the Sites or the Service, including User’s use of or reliance on any information or materials (including messages and location information delivered or undelivered) obtained through the use of the Sites or the Service,

(b) any other use of the Service by a third party using User’s account (whether or not authorized by User),

(c) User’s breach of this Agreement, including any of User’s representations and warranties under this Agreement, or

(d) User’s contravention of any law applicable to User, including, among other things, the Spam Control Act 2007.

7. Termination

7.1. This Agreement shall automatically become effective upon User’s first use of the Sites or the Service, and continue indefinitely until it is terminated.

7.2. Nano Equipment may cancel User’s Subscription and automatically terminate this Agreement immediately by notice to User in the event that User breaches any of User’s representations, warranties, or obligations under this Agreement (including any of User’s obligations under Section 4 (User Content)) or contravenes any applicable law.

7.3. User may cancel User’s Subscription and terminate this Agreement by written notice to Nano Equipment in the event that Nano Equipment materially breaches any of its obligations under this Agreement, if such breach is not cured within sixty days of Nano Equipment’s receipt of notice of breach from such User.

7.4. Upon termination of this Agreement for any reason, User shall immediately cease all use of the Sites and the Service, and User acknowledges and agrees that Nano Equipment that upon termination of this Agreement, Nano Equipment shall not be obliged to retain any User Content (including messages and location information sent or received through the Service) or to provide the same to User.

7.5. Termination of this Agreement for breach as defined in Section 7.2 (Termination) above shall not entitle User to a refund of any unearned Subscription fees previously paid by User.

7.6. The following terms shall survive Termination of this Agreement:

(a) all of User’s representations, warranties and indemnities given under this Agreement;

(b) all disclaimers of warranties, and limitations and exclusions of liability; and

(c) each of Sections 4 (User Content), 6 (Indemnity by User), 7.4 (Termination), 7.5 (Termination), 7.6 (Termination), 9 (Limitations and Exclusions of Nano Equipment’s Liability), and 11 (General).

8. Provision of the Sites and the Service

8.1. Nano Equipment reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Service or any part thereof, or User’s access thereto, and to modify, suspend or delete the Sites or any part thereof, and Nano Equipment will use commercially reasonable efforts to provide reasonable advance notice of changes that significantly impact the Service in a negative manner. In the case of changes that significantly impact the Service in a negative manner, User is entitled to cancel User’s Subscription, if any. User acknowledges and agrees that Nano Equipment shall not be liable to User, or to any third party, for any modification, suspension or discontinuance of the Service or any modification, suspension or deletion of the Sites.

8.2. USER ACKNOWLEDGES AND AGREES THAT THE SITES AND THE SERVICE ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND THAT, EXCEPT AS MAY OTHERWISE BE SET FORTH IN THIS AGREEMENT WITH RESPECT TO USERS IN SPECIFIC COUNTRIES, NANO EQUIPMENT HAS NO RESPONSIBILITY OR LIABILITY FOR THE LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS, OR STORE ANY USER CONTENT (INCLUDING CONTACTS INFORMATION, LOCATION INFORMATION, AND MESSAGES SENT OR RECEIVED) MAINTAINED OR TRANSMITTED USING THE SERVICE.

8.3. USER ACKNOWLEDGES AND AGREES THAT THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE CONTAINED IN OR AVAILABLE THROUGH THE SITES OR THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS.

8.4. USER FURTHER ACKNOWLEDGES AND AGREES THAT USER, AND NOT NANO EQUIPMENT, IS RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICE.

8.5. NANO EQUIPMENT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS OF THE SITES OR THE SERVICE, OR THE ACCURACY OF SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICE.

8.6. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NANO EQUIPMENT, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS OR SERVICE, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.

9. LIMITATIONS AND EXCLUSIONS OF NANO EQUIPMENT’S LIABILITY

9.1. IN NO EVENT SHALL NANO EQUIPMENT, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF USE OR DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF NANO EQUIPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF:

(a)THE USE OR PERFORMANCE OF, THE DELAY IN PROVIDING, THE FAILURE TO PROVIDE, OR THE INABILITY TO USE, THE SITES OR THE SERVICE, OR

(b)ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICE CONTAINED IN OR AVAILABLE THROUGH THE SITES OR THE SERVICE, INCLUDING INFORMATION, SOFTWARE, PRODUCTS AND SERVICE MADE AVAILABLE BY OTHER USERS OF THE SITES OR THE SERVICE.

USER SPECIFICALLY AGREES THAT NANO EQUIPMENT, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS AND AGENTS SHALL NOT BE LIABLE FOR:

(c)UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES OR THE SERVICE OR IN RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICE,

(d)ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF A THIRD PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR

(e)ANY CONTENT SENT USING, OR INCLUDED IN, THE SITES OR THE SERVICE BY ANY THIRD PARTY.

IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITES OR THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITES AND THE SERVICE.

9.2. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, NANO EQUIPMENT, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS IS LIABLE TO USER FOR ANY AMOUNTS UNDER THIS AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, NANO EQUIPMENT’S (OR SUCH AFFILIATES’, DIRECTOR’S, OFFICER’S, EMPLOYEE’S, SERVANT’S OR AGENT’S, AS APPLICABLE) TOTAL LIABILITY IN RESPECT OF SUCH AMOUNTS SHALL NOT EXCEED THE GREATER OF:

(a)THE AMOUNT OF ONE HUNDRED SINGAPORE DOLLARS (S$100.00), AND

(b)THE AMOUNTS ACTUALLY RECEIVED BY NANO EQUIPMENT FROM USER UNDER THIS AGREEMENT.

9.3. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, NANO EQUIPMENT WOULD NOT BE ABLE TO OFFER THE SITES OR THE SERVICE, AND THAT SUCH EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF THEY WOULD CAUSE USER’S REMEDIES UNDER THIS AGREEMENT TO FAIL OF THEIR ESSENTIAL PURPOSE.

10. Privacy Policy

Your use of the Sites is governed by the Nano Equipment privacy policy, which is available at http://www.connector.sg/privacy-policy (the “Privacy Policy“).

11. General Legal Terms

11.1. Nano Equipment may provide references, frames or hyperlinks to internet websites maintained by third parties. Nano Equipment does not warrant that it has reviewed such third party websites and makes no claims, representations or warranties regarding such third party websites or the contents of the same. Nano Equipment is not responsible for, nor does it endorse or recommend, any products or Service provided by such third parties through such third party websites or by any other means.

11.2. User acknowledges and agrees that User, and not Nano Equipment, is responsible for determining which laws may apply to User’s use of the Sites and the Service and assessing User’s obligations under such laws.

11.3. All notices and other communications required or permitted to be given by Nano Equipment to User under this Agreement will be deemed to be properly given on the date when:

(a) posted on the Sites, or

(b) sent by email to the email address for User last recorded by Nano Equipment.

User may give notices to Nano Equipment under this Agreement by email to support @ 8streams.com.

11.4. This Agreement constitutes the entire agreement and understanding between Nano Equipment and User concerning the subject matter of this Agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. This Agreement may not be altered, supplemented, or amended by the use of any other document(s).  To the extent that anything in or associated with the Sites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

11.5. The use of the terms “includes” and “including”, and similar terms, shall be deemed not to limit what else might be included.

11.6. This Agreement shall be governed by the laws of Singapore. User may not assign this Agreement without Nano Equipment’s prior written consent, which may be withheld in Nano Equipment’s sole discretion.

11.7. Nano Equipment may assign this Agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization in which Nano Equipment participates or to the purchaser of all or substantially all of Nano Equipment’s assets to which the Sites relates.

11.8. In any dispute arising out of this Agreement, the substantially prevailing party shall be entitled to payment of its reasonable legal fees and costs.