These Terms and Conditions (“Terms” or “Agreement”) represent a binding agreement between BUMPCUBE and You.  By registering for and/or using the Services in any manner, you agree that you have read, understand and accept these Terms and all other Policies referenced herein, each of which may be updated from time to time.

 

These Terms and Conditions apply to all users of the Services, including, without limitation, users who send or submit content, information, and other materials or services, registered or otherwise, through the Services.

 

No information contain in the Website shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

 

We may revise these Terms and Conditions at any time by updating this posting. You should check the Website from time to time to review the current Terms and Conditions, as they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

 

Any waiver of any breach or default by either Party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either Party to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision.

 

  1. DEFINITIONS

 

For the purposes of this Privacy Policy:

 

1.1   “BUMPCUBE”, “we”, “us” and/or “our” refers to the company Bumpcube Pte. Ltd., as well as to its affiliates.

 

1.2   “Individual” (or “you”) means a natural person, whether living or deceased and “Individuals” (and “your”) shall be construed accordingly;

 

1.3   “Personal Data” means any data or information that is capable of identifying an individual, whether on its own or in conjunction with other data accessible to BUMPCUBE;

 

1.4   “Services” means BUMPCUBE’s cloud-based communication services, messaging services, voices and/ or any services provided by BUMPCUBE. 

 

 

  1. USE OF WEBSITE, SERVICES AND CONDUCT

 

2.1   You will have a limited, non-exclusive, non-transferable right to use the applicable Services in accordance with these Terms.

 

2.2   You are responsible for preventing unauthorized access to the Services through your account.  We will not be liable for any damages or losses arising from the unauthorized use of your account.

 

2.3   You agree not to transmit, submit or post to the Website and Services in order to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law; or

 

  1. which You have not obtained all necessary licenses and/or approvals; or

 

  1. which would be considered a criminal offence, gives rise to civil liability, or infringe the rights of any third party; or

 

  1. which includes without limitation, viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software that may damage the Website, Services or a third party’s systems.

 

2.4   With the exclusion of Personal Data, which is covered under the Privacy Policy, information that You transmit, submit or post to the Website and Services shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

 

2.5   You will not

  1. reverse engineer, decompile, copy or disassemble the Services;
  2. market, sell, sublicense, rent, lease, or otherwise distribute the Services, in whole or in part; or
  3. modify, upgrade, improve, enhance or create derivative works of any portion of the Services for any purpose; or
  4. remove, obscure, or alter any identification, proprietary, copyright or other notices in the Services.

 

2.6   You may not misuse the Website (including, without limitation, by hacking).

 

2.7   Links to third party websites may be provided for Your convenience.  We do not review nor have control over these third party websites or their content.  The use and reliance of any third party websites is at Your own risk, and BUMPCUBE shall have no liability to You for failure on the part of the operator of such websites and any failure to meet any obligation owed to You or any service supplied to You.

 

2.8   We may change the features of the Services from time to time.  We will make use of reasonable efforts to notify you of such changes, such as announcing such changes on our website or sending an electronic notice or email.  Your continued use of the services will constitute your acceptance of such changes.  If you do not agree to such changes, you must stop using the Services immediately.

 

2.9   Our Services availability may be subject to regular or unscheduled maintenance, upgrades or modifications, 3rd party failures such as hardware, power outages, or failures at the providers, attacks, and legal or regulatory reasons.  We will make reasonable efforts to notify you of any downtime.  We will not be liable for any damages, losses, or any other consequences incurred as a result of the Services downtime or failure to make such notification in a timely manner. 

 

 

  1. FEES AND PAYMENT

 

 

3.1   You agree to pay us all fees, taxes where applicable, and all other amounts payable to us in accordance with the then applicable rates from time to time as set out in the applicable Order Form, or price notifications communicated to you.  You agree to provide complete and accurate billing and contact information, and to notify us of any changes to such information.

 

3.2   We use 3rd Party payment providers, banks or gateways (“Payment processor”), to facilitate your payments linked to your account for the Services.  The processing of payments is subject to the performance, processing time, terms, conditions and privacy policies of these Payment processor.  We are not responsible for any error or delay by the Payment processor.  Any processing fees, transaction fees or bank fees charged by the Payment processor shall be borne by you.

 

 

3.3   Unless otherwise specified, any prepaid balance or credits purchased will be valid for one year from the date of purchase.  Following which, any balance will lapse. 

 

3.4   No omission or delay by us in deducting any sums or issuance of invoices shall relieve you of your obligation to pay.

 

3.5   Payment obligations are non-cancelable, fees and taxes are non-refundable. 

 

3.6   If you fail to pay the fees in a timely manner, we may impose a late fee up to 1.5% per month on the applicable fees or the maximum amount allowable by applicable law, whichever is higher, and/or suspend Services until the fees are paid in full.

 

3.7   Any disputes that you may have regarding an invoice shall be notified to us within fifteen (15) days from the date of the invoice, failing which you shall be deemed to have accepted the invoice. Payment processor.

 

 

  1. INTELLECTUAL PROPERTY

 

4.1   We own and reserve all right, title and interest, including without limitation, intellectual property rights in and to the Services, modifications, extensions, customizations, scripts or other derivative works of the Services. 

 

4.2   You may not make any reference to us, including our name and trademarks, in connection with the use of the Services without our prior written consent.

 

4.3   We grant a limited, non-exclusive, non-transferable license during the applicable term to access our Services.

 

 

  1. LIMITATION OF LIABILITY

 

5.1   The Services are provided on an “as-is” basis without warranties, representations, guarantees or conditions whatsoever, express or implied, including any warranty, representation, guarantee or condition of fitness for a particular purpose, merchantability, title or non-infringement.

 

5.2   We, and our suppliers, partners and licensors, and each of our and their respective officers, directors, employees, shareholders and agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence).

 

5.3   We do not warrant (and hereby expressly disclaim all warranties) that:

  1. the Services (or any mobile operators) will be secure or available at any particular time or location;
  2. any defects or errors will be corrected;
  3. any content or software available on or through the Services is free of viruses or other harmful components;
  4. the content on the sites or Services (or any third Party sites or services linked thereto) is accurate, error-free, or complete;
  5. or the results of using the Services will meet your requirements.

 

5.4 Your use of the Services is solely at your own risk.

 

 

  1. INDEMNIFICATION

 

6.1   You shall defend and indemnify us, our affiliates, suppliers, and partners, and each of our and their respective employees, contractors, directors, officers, and representatives from and against any and all damages, liabilities, claims, demands, obligations, losses, fines, penalties, and expenses, including without limitation reasonable attorney’s fees and costs, that arise from or relate to:

  1.   your user content,
  2.   your use or misuse of, or access to, the Services or content, and/or
  3.   your violation of these Terms of Use, or violation or infringement by you, or any third Party using your Account, of any intellectual property, privacy, or other right of any person or entity.

 

6.2   Any relevant Terms of Use, Policies and notices shall be governed by and construed in accordance with the laws of Singapore without giving effect to any principle of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Singapore in respect of any disputes arising in connection with the website, or any relevant Terms of Use, Policies and notices or any matter related to or in connection therewith.

 

 

  1. SUSPENSION OR TERMINATION

 

7.1   The Term shall commence from the date of acceptance and continue until the Services entered by You have expired or been terminated.

 

7.2   Either Party may suspend or terminate immediately this Agreement and/or the use of all or part of a Service with or without notice and without exposing itself to any liability, at any time, in the event that:

  1. the other Party has materially breached any of its obligations under this Agreement and the relevant Service Order and has not remedied such breach within thirty (30) days of a written notice being served on such Party by the non-breaching Party;
  2. unusual usage or suspected fraudulent activity has occurred in relation to the Service;
  3. BUMPCUBE is required to do so under Applicable Law, or under any other regulatory requirements, or upon request by Government or regulatory or security or other competent authorities, or is required by necessity of an emergency situation or reasonably believes that the performance of any agreements, covenants, undertakings, and obligations under this Agreement violate any governmental and/or regulatory licenses, consents, permits, authorizations and approvals;
  4. the other Party takes steps to enter, or enters into, any form of administration, Insolvency Event, liquidation and/or an arrangement with the creditors (or equivalent legal procedure in any other relevant jurisdiction); and/or
  5. Where You fail to pay the Charges that fall due, BUMPCUBE shall make all reasonable efforts to notify You prior to suspending or terminating a Service.

 

7.3   Each Party shall be entitled to terminate Agreement for convenience with prior written notice of ninety (90) calendar days to the other Party.

 

7.4   In the event of suspension of a Service due to the foregoing reasons, all Charges shall remain applicable during the period of suspension. 

 

7.5   In case of termination or expiry of a Service for whatsoever reason, all Charges for any terminated or expired Service (including but not limited to any unbilled amounts, Early Termination Charge and late payments) shall become immediately payable. You shall be billed for all Charges up to and including the date on which the Service or this Agreement is terminated.

 

 

  1. SEVERANCE

 

8.1   If any provision of any relevant Terms, Policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, the remaining provisions of any relevant Terms, Policies and notices shall remain in full force and effect.  

 

 

 

 

  1. CONFIDENTIALITY

 

 

4.1   Each Party will keep in confidence any information or data (“Confidential Information”) obtained under this Agreement and any other service order form.   Neither Party shall disclose such Confidential Information to any person (other than its own employees, affiliates and/ or agents on a need to know basis in order to perform its rights and obligations) without prior written consent of the other Party unless the information:

  1. is independently available publicly;
  2. is in possession of the receiving Party prior to disclosure by the disclosing Party;
  3. is obtained from 3rd party who is free to divulge the same;

 

4.2   Either Party may disclose the Confidential Information of the other Party as required by law, upon prior written notice to the other Party (where allowed by law); provided that such Party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

 

4.3   Each Party shall ensure all Confidential Information be kept confidential during the term and upon the termination or expiry of the Agreement for an additional period of one (1) year.

 

SEVERANCE

 

8.2   If any provision of any relevant Terms, Policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, the remaining provisions of any relevant Terms, Policies and notices shall remain in full force and effect. The Parties shall negotiate in good faith to amend the provision such that as amended, it achieves the same commercial effect, as the provision which is found to be invalid, illegal or enforceable.