These Terms of Service (“Terms”) describe the terms on which STORIES OF ASIA PTE. LTD. (“Company”, “we”, “us” or “our”) offers you access to and use of our Website or Services.
1. ACCEPTANCE OF TERMS AND AMENDMENTS
1. Your use of our Website or Services is subject to these Terms. These Terms apply to all Users of our Website or Services, including individuals (“Public Users”) and corporate clients of the Company (“Business Users”). These Terms also apply in conjunction with any other contracts or policies that apply in relation to the use of our Website or Services.
2. The Company may engage external service providers who have entered into service agreements with us to assist us in (a) operating our Website; (b) providing our Services to you; or (c) conducting our business generally (“Third Party Service Providers”).
3. By visiting our Website, registering as a Registered User, or using our Services, you are deemed to have accepted and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein, and the terms and conditions of our Third Party Service Providers.
4. We may make changes to these Terms from time to time. If we do so, the revised version of these Terms will be published on our Website with the Effective Date updated accordingly. It is your responsibility to ensure that you are aware of the current Terms. Your continued use of our Website or Services after any changes to these Terms shall constitute your acceptance of such changes.
5. If you do not accept these Terms, you should not access our Website, register as a Registered User, or use our Services.
2. CAPACITY TO CONTRACT
1. By using our Website or Services as an individual Consumer User, you represent and warrant that you have attained at least the age of 13 years, and if you have attained the age of 18 years, that you are fully capable and competent to accept, abide by and comply with these Terms, or if you are between the age of 13 and 18 years, that you have the consent of a legal parent or guardian to assume fully your obligations under these Terms.
2. By using our Website or Services as a Business User, you represent and warrant that you are authorised to enter into this agreement and bind the Business User to these Terms.
3. AVAILABILITY OF WEBSITE AND SERVICES
1. We aim to ensure that our Website and Services are available to Users a minimum of 99.00% of the calendar year. Notwithstanding this aim, we do not guarantee, represent or warrant that your use of our Website or Services will be uninterrupted, timely, secure or error-free.
2. You acknowledge and agree that, from time to time, we may have to temporarily block or limit the availability of our Website or Services to conduct scheduled maintenance. This will typically be conducted during weekends or during periods of low usage of our Website or Services. We shall use commercially reasonable efforts to minimise the impact of such scheduled maintenance to you and to inform you of these scheduled maintenance periods.
3. As a Public User, you acknowledge and agree that, from time to time and without notice to you, we may:
a. add, remove, or modify some or all of our Website or Services;
b.temporarily block or limit the availability of our Website or Services for indefinite periods of time; or
c. take any measure necessary to protect the integrity and security of our Website, Services and related computer systems, servers and networks.
4. USE OF WEBSITE AND SERVICES
1. You shall not use our Website or Services for any illegal or unauthorised purpose or in any manner that violates the laws of Singapore, your Jurisdiction, and the country from which you are using our Website or Services, or in any manner that is contrary to or in breach of these Terms.
2. Without prejudice to the generality of Clause 4.1, you shall:
a. comply with our Content Standards as set out in Clause 5;
c. use our Website or Services, including all engagement tools such as community discussions, in a professional manner; and
d. be solely responsible for your engagements and interactions with other Users of our Website or Services.
3. Without prejudice to the generality of Clause 4.1, you shall not, directly or indirectly:
a. use our Website or Services for fraudulent purposes;
b. provide us with false information or create a User Profile with false information or use or attempt to use another individual’s information as your own;
c. if you are a Public User, share any of the information, content, conversations or Submissions that are provided by any User within our Website or Services externally to the public, unless expressly authorised by us;
d. if you are a Public User, use our Website or Services for any commercial or business purposes;
e.transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or any other similar form of solicitation through or on our Website or Services, unless expressly authorised by us;
f. transmit or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, or any other harmful programs or similar computer code of a destructive or malicious nature designed to adversely affect the operation of our Website or Services or any computer software or hardware;
g. duplicate, transfer, reverse engineer, alter or modify any part of our Website or Services;
h. hack into any part of our Website through password mining, phishing, or any other means;
i. disrupt the availability of our Website or Services, including through a denial-of-service attack or a distributed denial-of-service attack;
j. collect, harvest or mine any personally identifiable information relating to our Public Users;
k. defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights of other Users; and
l. send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards as set out in Clause 5 below.
4. We reserve the right to terminate any User’s account for suspicion of any breach of the provisions contained in this Clause 4, without giving notice. Information and/or data from the said terminated User’s account shall be dealt with pursuant to the PDPA.
5. SUBMISSIONS AND CONTENT STANDARDS
1. You agree that any and all content and material which you contribute through or on our Website or Services (your “Submissions”) shall, in part or in whole, adhere strictly to the standards set out in Clauses 5.2 and 5.3 (our “Content Standards”).
2. Your Submissions must:
a. to the extent that they contain facts, be accurate in relation to those facts;
b. to the extent that they contain opinions and beliefs, be genuinely held in relation to those opinions and beliefs; and
c. comply with the applicable laws of any country from which they are contributed.
3. Your Submissions must not:
a. contain any material which is defamatory of any person;
b. contain any material which is obscene, offensive, hateful or inflammatory;
c. promote or attempt to promote, on grounds of religion or race, disharmony or feelings of enmity, hatred or ill-will between different religious or racial groups;
d. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e. infringe any intellectual property rights, including copyright, patent rights, design rights, trade marks, or database right;
f. contain any threatening, abusive or insulting communication;
g. contain any material which causes or may be likely to cause harassment, alarm or distress to any person;
h. provoke or promote the use of violence;
i. advertise or distribute any obscene film or party political film;
j. be likely to deceive any person;
k. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
l. promote any illegal activity;
m. be used to impersonate any person, or to misrepresent your identity or affiliation with any person; and
n. give other Users the impression that such Submissions were made by us, if this is not the case.
4. You shall be solely responsible for your own Submissions. You represent and warrant that you have the necessary rights, licences and permission to make such Submissions.
5. We make no guarantee as to the accuracy, validity or legality of any Submission by Users. Users are responsible for checking the veracity of their Submissions and the Submissions of other Users.
6. Submissions by Users to both the website and forum discussions will be vetted by the moderators before publication. The moderators shall have full discretion in deciding to approve or reject Users’ Submissions. The moderators will not alter or modify the content of any Submissions.
7. Users’ Submissions do not represent the views of the Company.
8. If you wish to provide us with feedback on any Submission on our Website or Services, please email us at: [email protected].
6. PRIVACY AND PERSONAL DATA
2. If you are a Public User:
b. you should only enter data relevant to your purpose for using our Website and Services; and
c. you should be aware of any data that is personally identifiable or sensitive to you and consider if you wish this data to be made available to our other Users.
3. If you are a Business User:
a. you should be aware of and consider the appropriateness of requesting for any information that requires Public Users to provide personal data; and
b. if a Public User enters personal data in our Website or Services, whether voluntarily or in response to a request by you, you should be aware of your responsibilities in relation to such personal data under both the PDPA and your service agreement with us. You are responsible for ensuring that such personal data is flagged and treated as private. A flag may be placed by single mouse click and means that the data is identified as private for any future processing, for example anonymisation.
4. Any non-personal information or Submission you send to or through our Website (including by way of our Website’s community discussions) that does not constitute personal data, such as questions, comments, or suggestions, is not encrypted and will not be treated as confidential.
7. INTELLECTUAL PROPERTY RIGHTS
1. All contents of our Website or Services, including but not limited to information, text, graphics, images, layout, designs, pictures, logos, marks, code, scripts, UI/UX features or other proprietary materials are the intellectual property of the Company or its licensors and are protected by copyright, trademark, patent, design and other intellectual property rights, as the case may be.
2. As a Business User, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, reproduce, distribute or display your business’ name(s) and logo(s) on our external marketing content for our Website or Services.
3. You shall retain ownership of any Submission that you contribute to our Website or Services. We will only use, reproduce, distribute, transmit, process, adapt, modify, or display your Submissions for our own purposes after we have informed you of such purposes and have obtained your consent to the same.
8. THIRD PARTY WEBSITES
Our Website may include links to third party websites, plug-ins and applications (“Third Party Websites”). We do not own or control Third Party Websites and shall not be responsible or liable for any damages, claims or liability arising from or related to your use of such Third Party Websites.
9. LIMITATION OF LIABILITY
1. Our Website and Services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and non-infringement.
2. You agree that your use of, or inability to use, our Website or Services is at your own risk. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Website or Services, or your use of or reliance on any content within our Website or Services.
3. You are solely responsible for your Submissions to our Website or Services. To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assigns shall not be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, for any lost profits, sales, revenue or business, business interruption, loss of anticipated savings, loss of data, loss of goodwill or reputation, or any similar damages, whether based in contract, tort (including negligence), defamation, or otherwise, arising from your breach of these Terms and/or the Submissions you make through your use of our Website or Services.
1. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from your breach of these Terms and/or the Submissions you make through your use of our Website or Services.
2. This indemnification shall not prejudice any other rights or remedies available at law to the Company.
In the event that you breach these Terms, we shall have the right, at our sole discretion, to immediately remove your account with us or ban or terminate your access to and use of our Website or Services at any time and without prior notice, and we reserve the right to take any action as we consider appropriate or necessary under the law, including without limitation removing any material or Submission which we deem to be in breach of our Content Standards, or taking legal action against you.
1. We may at any time and without the need for further consent from you assign or transfer any or all of our rights or obligations under these Terms to any person.
2. You may not assign or transfer any of your rights or obligations under these Terms without obtaining our prior written consent.
13. ENTIRE AGREEMENT
If at any time any provision hereof shall become or be declared illegal or invalid or unenforceable for any reason whatsoever, that provision shall be severable from these Terms without affecting or impairing the legality, validity or enforceability of any of the remaining provisions, and these Terms shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.
15. GOVERNING LAW AND JURISDICTION
1. These Terms will be governed by and construed in accordance with the laws of the Republic of Singapore.
2. You irrevocably agree and submit to the exclusive jurisdiction of the courts of the Republic of Singapore to settle any dispute or claim that arises out of, or in connection with, these Terms.
In these Terms, the following words and expressions have the following meanings, unless they are inconsistent with the context:
o Business User means any company or business that is a registered client of the Company;
o Company, “we“, “us” or “our” means Stories of Asia Pte. Ltd.;
o Content Standards has the meaning ascribed to it in Clause 5;
o Jurisdiction means the country that is the domicile of the User or the place where the User ordinarily resides in;
o PDPA means the Personal Data Protection Act 2012 of Singapore;
o personal data means data, whether true or not, about a User who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely
to have access.
o Registered Users means, collectively, Public Users and Business Users;
o Services means the services, information and resources provided by the Company to Registered Users through our Website;
o Public User means any individual who has registered with the Company through the User Sign-up;
o Submissions means any and all content and material which Users contribute through or on our Website or Services;
o Terms means these Terms of Service, as amended by us from time to time;
o Third Party Service Providers means external service providers who have entered into service agreements with us to assist us in (a) operating our Website; (b) providing our Services to you; or (c) conducting our business generally, and include the following companies:
- MailChimp (https://mailchimp.com/)
o Third Party Websites means websites which are not owned or controlled by the Company;
o User or You means any visitor or user of the Website;
o Website means https://storiesofasia.co/app/, its sub-domains, sub-directories, or associated web-portals;