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Terms and Conditions

 

Last modified: 10 August 2021

Effective Date: 15 April 2021

  1. Introduction
  2. Creating An Account and Accessing Our Services
  3. Privacy Policy
  4. Cookie Policy 
  5. Intellectual Property Rights
  6. Third Party Content and Services
  7. Monitoring And Enforcement
  8. Indemnification
  9. Disclaimers
  10. Limitation Of Liability
  11. Miscellaneous

Ringl Technologies Pte. Ltd., a private company registered in the Republic of Singapore with its registered office at 84 Genting Lane #07-01 Axxel Innovation Centre Singapore 349854 (together with Ringl Technologies Pte. Ltd.’s current and future subsidiaries and affiliates, “RINGL”, “we,” “us,” or “our”) provides inter alia voice, video and chat messaging, Internet calling services on and through our software communications platform, [https://ringl.im] (“RINGL”), which is designed to operate on mobile devices and desktops with the use of Internet.

Please review these Terms and Conditions (these “Terms”) in conjunction with our other posted policies and instructions carefully before you create an Account (defined below) with us or before you use or access our Services (defined below). By installing, creating an Account, accessing or using RINGL’s services, features, software, or website(s) (collectively, our “Services”), you and/or the company, organisation, business or entity that you are authorised to represent (“you”) confirm that you accept these Terms (which shall constitute a binding agreement between you and us) and that you agree to comply with our Terms. If you do not accept these Terms or do not agree to be bound by it, please do not create an Account, use or access our Services. 

1. INTRODUCTION

1.1 Our Terms and Policies.

You shall use our Services according to these Terms and our other posted policies and applicable laws and regulations. We will notify you of any additional terms and policies which we may introduce from time to time, including those as set out below which are incorporated into these Terms by reference:

General Terms and Policies
[RINGL Privacy Policy]
[RINGL Intellectual Property Policy]
[RINGL Data Request Policy]

1.2 Termination. At any time, you may terminate these Terms by deleting your Account and ceasing to use or access our Services. 

You acknowledge that we may restrict, suspend, or terminate your access to your Account and the use of our Services, in our sole discretion at any time for any reason, including if you breach our Terms or posted policies, any applicable laws or regulations, misuse our Services or create harm, risk or possible legal exposure for us, our users, third-party service providers, or others. If we restrict, terminate or suspend your Account, you shall not create another account without our express consent. We shall not be liable to you in any way if we restrict, suspend or terminate your Account or your access to our Services.

The following provisions shall survive any termination of your relationship with RINGL or expiration of these Terms: provisions 8 (Indemnification), 9 (Disclaimers), 10 (Limitation of Liability) and 11 (Miscellaneous).

Changes to our Terms and Services. We reserve the right to amend, modify, update or change our Services, the provisions set forth in these Terms or our other posted policies and instructions from time to time in our sole discretion. We recommend that you check and review these Terms and our other posted policies and instructions on a regular basis to ensure that you understand the terms that apply at that time. When we update our Terms, we will update the “Last Modified” date and “Effective Date” associated with the revised Terms. 

If we make a material change to these Terms or our other posted policies, we will notify you by posting a prominent notice or notify you directly via our Services of any such change. The most current version of the Terms and our other posted policies and instructions shall govern and supersede all previous versions. 

If you do not agree to our Terms or our other posted policies and instructions, as amended, you shall delete your Account and cease to use or access our Services. You understand and agree that your continued use of our Services after these amended or updated Terms or our other posted policies and instructions become effective constitutes your agreement and acceptance of the revised Terms and our other posted policies and instructions.

1.3 Reservation on distribution of Services. Our Services are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

    1.4 Availability of our Services. We provide our Services on an “as is” and “as available” basis only. We reserve the right to do any of the following without notice to you: 

    a interrupt the operation of our Services or any portion thereof as necessary to perform routine or non-routine maintenance, repairs, error corrections, repairs, upgrades, resolve network or equipment failures, or to deal with events beyond our control that may affect our Services, such as events in nature and other force majeure events;

    b. discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time; or 

    c. modify, suspend or terminate operation of and/or access to our Services or any portion thereof for any reason and at any time.

    1.5 No Access to Emergency Services. Our Services do not provide access to emergency service providers, such as the police, fire department, hospitals, or otherwise connect you to public safety services. Please make sure that you can contact any relevant emergency service providers through a local fixed line on your mobile or other devices.

     

    2. CREATING AN ACCOUNT AND ACCESSING OUR SERVICES
    2.1 Eligible Age. To create an Account, or to use and access our Services, you must be:

    a. an individual;

    b. at least 16 years old and have the legal capacity to enter into a binding agreement with these Terms in your country, or at least such older age, if the laws of your country require you to be older than 16 years old to use and access our Services or to enter into these Terms without your parent or legal guardian’s consent;

    c. located or residing in a state or country where our Services are not contrary to the applicable laws or regulations in your state or country;

    d. located in a country that is not subject to a United States government embargo, and that is not on Title 15, Part 740 Supplement 1 Country Group E of the United States of Federal Regulations; and

    e. a person who is not a designated national as administered or enforced by the Office of Foreign Assets Control, United Nations Security Council, or other governmental authorities, from time to time.

    2.2 Registration. To access and use our Services, you will need to first register and create an account with us (“Account“). To create an Account, you may be asked to provide certain registration information to fill up our Account registration form, including:

    1. your current mobile number and email; and
    2. your display name or user identification.

    Upon providing the above information, a verification code will be sent to your mobile number which is linked to your Ringl account for confirmation.

    It is a condition for the use of our Services that all information you provide to us is current and complete, and you represent and warrant that all information that you provide to us is correct and accurate.

    2.3 Your Account. You acknowledge that your account is unique and personal to you and you agree to treat your Account information as confidential and not disclose it to any other person or entity. You will not create more than one Account for yourself. We reserve the right to restrict, terminate or suspend your Account (including access thereof) at any time in accordance with provision 1.2 above.

    2.4 Your Permissions. You may give us the following permissions to enable us to provide our Services:

    a. Address Book. We may request access to your mobile phone’s address book to collect the phone numbers, names and other contact information of all your contacts (whether they are RINGL users or not) in your mobile phone’s address book on a regular basis. You confirm that you are authorised to provide us such numbers to enable us to provide our Services.

    b. Push Notifications. We may request to send you push notifications regarding your Account or certain features of our Services.

    c. Device microphone, camera and media files. We may request access to certain features from your device, including your device’s microphone, camera, media files, social media accounts, and other features.

    If you wish to change our access or permissions, you may do so in your device’s settings.

    2.5 Your Devices. You are responsible for making all arrangements necessary for you to have access to our Services, and this includes having certain mobile devices, personal computers, software, and an Internet connection, which we will not supply.

    2.6 Keeping Your Device and Account Secure. You are responsible for (a) keeping your device and your Account safe and (b) safeguarding and keeping confidential your Account information, including any passwords and all other login information used to access your Account. You shall immediately notify us if you become aware or reasonably suspect any illegal or unauthorized activity, unauthorized access or use, or security breach to your Account or our Services (including any loss, theft, or unauthorized disclosure or use of a password, login information or any unique identifiers). You are responsible for all activities that occur under your Account, and we will not be liable for any unauthorized use of your Account, although you may be liable to us or others for any losses experienced due to such unauthorized use.

    2.7 RINGL Software Updates. We are in the process of developing several communication features and payment software services associated with our Services. We may from time to time provide updates, enhancements, modifications, improvements, fixes, upgrades to or future versions of our Services. Such updates may occur automatically or manually. Kindly note that our Services may not operate properly or at all if upgrades or new versions of RINGL are not installed by you. We do not guarantee that upgrades or new versions of our Services will continue to be compatible with your device or system. Further, we may cease the operation of the older upgrades or versions of our Services and if you do not carry out regular upgrades to the latest versions, the Services may cease to operate with your device.

    For as long as you use our Services, you agree to download and install updates to our Services on your devices, including automatic updates thereof.

    2.8 Legal and Acceptable Use. You shall access and use our Services only for legal, authorised, and acceptable purposes in compliance with all applicable laws and governmental regulations, including but not limited to, all intellectual property, data, privacy, online falsehoods, and export control laws and regulations promulgated by any government agencies, and any rules of any national or other bodies and financial institutions.

    You agree that you shall not do any of the following (or enable or assist anyone) when using or accessing our Services (including services provided by third parties):

    a. use our Services in any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect, or that breaches these Terms, applicable local, national or international laws or regulations (including money laundering and countering the financing of terrorism laws or regulations);

    b. distribute, offer to sell, sell, re-sell, rent, lease, loan, trade, transfer or monetise access or use to (i) your Account or other unique identifiers (such as usernames), or (ii) our Services or related data, to any other party without our prior written consent;

    c. violate, infringe or misappropriate the copyrights, trademarks, domains, logos, trade names, trade secrets, patents and other intellectual property rights associated with our Services, other users or third parties;

    d. impersonate or attempt to impersonate any person or entity, including but not limited to, RINGL, an employee of RINGL, another user, any administrator, or third-party (including by using email addresses or usernames associated with any of the foregoing), or falsely state, imply or otherwise misrepresent your affiliation or endorsement with/by RINGL, or any person, organisation or entity;

    e. use our Services to (i) send illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialling or (ii) to conduct dictionary attacks;

    f. permit any third-party or other user to access or use your Account (including sharing, transferring or otherwise providing access to your Account, Account information, passwords and all other login information to such third-party) in order to use or access our Services;

    g. use or develop any third-party applications that interact with our Services or other users’ content or information (save for our permitted third parties) without our prior written consent;

    h. use or access our Services for the purpose of (i) developing a similar or competitive product or service or (ii) framing, mirroring or otherwise simulating our Services, or (iii) copying any ideas, designs, features, functions, or graphics in connection with our Services;

    i. use our Services by any other means other than the RINGL user interface;

    j. create accounts for our Services through unauthorised or automated means;

    k. export or re-export our Services in other countries without the appropriate foreign governmental licenses;

    l. use our Services in a way that would not distract or inhibit you from complying with relevant road and work safety laws and regulations;

    m. use our Services in any manner or form that may harm minors or that interacts with or targets people under the age of 16;

    n. collect or extract information about our users in any unauthorised manner;

    o. use our Services to disclose confidential or restricted information;

    p. use our Services to communicate or provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation, person or group that is designated as a terrorist organisation, or as a specially designated nationals as administered or enforced by the Office of Foreign Assets Control, the United Nations Security Council or other governmental authorities, from time to time;

    q. overlay or otherwise modify or adapt our Services or their appearance;

    r. attempt to or otherwise copy, decompile, disassemble, translate, reproduce, modify, create derivative works, reverse engineer or extract source codes from the intellectual property (including any future updates, upgrades or new versions) associated with our Services;

    s. attempt to or otherwise gain unauthorised access to, disable, interfere with, disassemble, damage or disrupt the features, security, functionality, integrity, or performance of our Services, related systems or networks (including but not limited to our server, databases or equipment), any third-party use of our Services, or any third-party data contained therein;

    t. upload to, or introduce or transmit from or through our Services, any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, logic bomb, malicious code or other harmful content or a technology that could (i) disable, overburden or impair the proper operation of our Services or (ii) unlawfully access, use or download content or information stored within our databases, hardware and our Services, or stored with any user’s device; or

    u. probe, scan or test the vulnerability of our Services or any system or network in connection with our Services.

    2.9 Responsibility for Content and Materials. You understand and acknowledge that you are responsible for any content, materials or information (“Content“) that you upload, submit, download, store, disseminate or send on or through our Services and you are responsible for its legality, reliability, accuracy, quality and appropriateness. As our Services provide end-to-end encryption, we will not review your Content before it is uploaded, submitted, stored, disseminated, downloaded, sent on or through our Services, and therefore, we are unable to remove any objectionable content or material after it has been posted. Accordingly, we do not assume any liability for any action or inaction regarding transmission, communications, or Content provided by any user or third-party.

    By using and accessing our Services, you hereby acknowledge and agree to comply with our content standards as set out below, in spirit as well as to the letter. You shall only upload, submit, store, disseminate, send on or through our Services, Content for which you (i) own or control all the necessary rights and (ii) have the right to grant the rights and licenses under all applicable laws and contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements). You agree that you will do so only in accordance with applicable laws and our Terms, other posted policies and instructions.

    You will not upload, submit, store, download, disseminate, link to, or send on or through our Services, Content that (“Content Standards“):

    a. is deceptive or contains falsehoods, misrepresentations, or misleading statements;

    b. is identified as junk or spam, such as promotional or marketing material;

    c. incites, instigates or encourages violence or hatred against individuals or groups;

    d. is obscene, pornographic or graphically violent;

    e. harasses, bullies, insults, intimidates or humiliates any person;

    f. exploits, harms or attempts to exploit or harm minors in any way;

    g. contains hate speech or that demeans, defames, or promotes discrimination or violence on the basis of race, ethnicity, national origin, religion, sexual orientation, gender identity, disability, or veteran status;

    h. contains sensitive information about a person (e.g. information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning health or a person’s sex life or sexual orientation) which was shared without their consent;

    i. is illegal or unethical, or is about illegal activities, including to buy or sell illegal drugs, contraband, counterfeit goods, or illegal weapons;

    j. advocates or advances terrorism;

    k. violates national security; or

    l. violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with our Terms, other posted policies, applicable laws and regulations.

    With respect to Groups or Channels, we reserve the right (but not the obligation) to review the Content (including Content by other users or third parties) to determine in our sole discretion and without notice to you, whether certain Content has violated these Terms, other posted policies (in particular, our Content Standards), and applicable laws and regulations.

    In the event that you fail to comply with our Content Standards, we may take one or more of the following actions:

    a. restrict, suspend or terminate your Account, use and access of our Services in accordance with provision 1.2;

    b. issue a warning to you;

    c. commence legal action against you or seek indemnification from you in accordance with these Terms;

    d. disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law or requested by any governmental authority; and/or

    e. take any other action that we deem appropriate in our sole discretion at any time and for any reason.

    3. PRIVACY POLICY

    We are committed to protecting the privacy and security of all personal data we receive from our users. Our [Privacy Policy] governs how we treat your personal data and protect your privacy when you use our Services. It also explains our privacy practices, including the types of information we receive and collect from you and how we use and share this information.

    You hereby agree to our data practices, including the collection, use, processing and disclosure of your information as described in our Privacy Policy, as well as the transfer and processing of your information to any other countries globally where we have facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the applicable laws, regulations, and standards of the country in which your information is stored, collected, processed and disclosed may be different from those of your own country.

    Further you represent and warrant that all information that you provide to us is true, complete and accurate, and you agree that you will promptly notify us of any changes to such information.

     

    4. COOKIE POLICY

    Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory. We do not use cookies for profiling or advertising and only use them to provide an enhanced user experience.

    The only cookies Ringl Messenger uses are those to operate and provide our Services on our website. However, Ringl Messenger may use third party code and libraries that use “cookies” to collect information and evaluate our webpage traffic and improve our services. You have the option to either accept or refuse these cookies with your web browser and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

    4.1 Types of cookies used by RINGL and Service Providers. The following types of cookies are used by RINGL and Service Providers to provide our Services:

    – strictly necessary cookies, which are required for the operation of our Services;

    – analytical or performance cookies, which allows the tracking of active users and user activities on or through our Services. Such information helps us to improve our Services by personalizing your user experience to your preferences and needs;

    – functionality cookies, which are used to recognise you when you return to our Services and to help us customise the Services by, for example, remembering your choices such as language preferences; and

    – targeting cookies, which record your user activities information. We may also share this information with third parties where relevant.

    4.2 More information on the cookies. You can find out more information about the cookies used by us and Service Providers and their purposes and functions in the table below. Please note that the information contained in the table below is provided as a courtesy for RINGL’s users and we are not obliged to maintain or update it regularly.

    Party Cookie Name Purpose For more information
    Google Webmaster Service

    _gads

    _utma

    _ga

    _isuid

    _octo

    To monitor, maintain and troubleshoot our website’s presence
    on Google Search results; and

     

     

     

     

    To track active visitors and gather analytics data and to improve our Services.

    Google Webmaster Service
    RINGL

    lang

    user

    passwd

    remember

    To authorise users in the B2B administrative panel.

    4.3 Third Parties. Please note that third parties may also use cookies, over which we may not have control. These third parties may include social media networks, and our Service Providers, which provide certain products, programs or services on or through our Services. These third parties and their corresponding plugins used on or through our Services are listed in the table above.

    4.4 Managing cookies. By using our Services, you consent to the use of cookies and related tracking technologies and the corresponding processing of information. You can withdraw your consent at any time by deleting stored cookies and/or disabling cookies by changing settings on your device or your browser (where applicable). However, please note that if you delete or block cookies (including cookies required for the operation of our Services), we may not be able to provide you with the optimal experience through the Services and some Services may not be available to you. Except for cookies necessary for the operation of the Services, all cookies will expire after 1 month from the date of your last log in.

    5. INTELLECTUAL PROPERTY RIGHTS

    5.1 RINGL Intellectual Property Rights. We own all copyrights, trademarks, designs, database rights, domain names, logos, trade names, trade secrets, patents and other intellectual property rights (including the rights for our RINGL communications platform, future updates, upgrades and new versions) associated with our Services, whether registered or not and whether capable of registration or not and including the right to apply for and all applications for any of the foregoing rights (“Intellectual Property Rights”). You shall not use our Intellectual Property Rights unless you have our prior written consent.

    5.2 RINGL License to You. In order to operate and provide our Services, we grant you a limited, revocable, non-exclusive, personal, non-sublicensable, and non-transferable license to use our Services, solely in accordance with these Terms and subject to any other instructions as provided by us to you in relation to your use of our Services from time to time. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you in these Terms. Please note that these Terms may be supplemented by the terms and conditions applicable to our intellectual property associated with our Services.

    You may not copy, reproduce, modify, create derivative works, reverse compile, reverse engineer or extract source codes from our Intellectual Property Rights, and you shall not sell, distribute, re-distribute or sub-license our Intellectual Property Rights without our prior written consent. Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

    5.3 Your license to RINGL. We do not claim ownership of the Content that you submit for your Account or through our Services. You represent and warrant that you own or control all the necessary rights to such Content that you submit for your Account or through our Services and have the right to grant the rights and licenses under all applicable laws and in accordance with these Terms.

    In addition, you grant RINGL, our affiliates, and other third parties we work with in relation to our Services, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, host or store, deliver to other users or disclose to third parties, the Content that you upload, submit, store, disseminate, send, or receive on or through our Services for the limited purpose of operating and providing our Services. For the avoidance of doubt, this license does not grant us a right to access the substance of your Content. You may terminate your license to us for specific Content by deleting such Content from our Services or generally by deleting your Account, except:

    a. to the extent you have shared such Content with other users on or through our Services, and they have copied, disseminated or stored it; and

    b. or the reasonable time that it takes to remove or destroy such Content from our systems.

    5.4 Reporting intellectual property infringement. Please refer to our [Intellectual Property Policy] if you wish to report claims of third-party or user copyright, trademark, or other intellectual property infringement. We may terminate or suspend your Account or your use and access to our Services, if you infringe the intellectual property rights of others.

    6. THIRD-PARTY CONTENT AND SERVICES

    6.1 Third-Party Terms and Policies. Our Services may allow you to access, use, or interact with third-party websites, apps, content, programs, and other products and services. Please note that when you use third-party services on or through our Services, their own terms and policies will govern your use of those services and you are solely responsible for reviewing and complying with any such terms and policies. In the event of conflict between the terms and policies of a third-party and these Terms, our Terms shall prevail.

    6.2 No Endorsement or Responsibility for Third-party Content and Services. We have no control over any third-party content or services.

    We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy, and reliability of any content submitted to, transmitted or displayed by or linked by third-parties including content provided by users of RINGL

    Further, we do not endorse or support the suitability, efficacy, safety or quality of any third-party products, services or programs or their information privacy or security practices made available, advertised or linked through our Services, and we will bear no liability in connection with your use of or relationship with any such third-party services, programs or products, including any payment obligations or fees that you may incur in your use of such third-party services.

    If you decide to access any third-party content or services on or through our Services, you do so entirely at your own risk and subject to the terms and policies of such third-party services, programs or products.

    6.3 Right of Removal. We have the right (but not the obligation) to review (a) Content, where possible in Groups or Channels and/or (b) third-party products, programs or services made available on or through our Services to determine whether they comply with these Terms, posted policies, and applicable laws and regulations.

    In connection with the above, we have the right to remove, at our sole discretion and without notice to you, any Content or third-party products, programs and/or services that are made available within our Services in the event that you, other users, or such third-parties violate these Terms, our other posted policies (in particular, our Content Standards), and applicable laws and regulations, or pose any risk to the security or performance of our Services.

    6.4 Reporting. If you wish to report Content in Groups or Channels that violates or may violate our Terms, you may do so by selecting the “Report” option from the context menu which will be shown when you select the relevant message that you wish to report (you may do so by tapping and holding on that message. Upon selecting the “Report” option, you will be prompted to provide information on the nature of the violation. Please follow the instructions onscreen to submit your report. 

    7. MONITORING AND ENFORCEMENT

    7.1 Right to Monitor and Investigate. To the fullest extent permitted by law, we reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, any laws or regulations, our rights or interests, or the rights or interests of any person or entity. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of our Services.

    7.2 Cooperation with Law Enforcement. If required by law or legal process, we may cooperate with any governmental authority, law enforcement authorities or third-party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights.

    8. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless RINGL, our subsidiaries, affiliates and our and their respective directors, officers, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including but not limited to attorneys’ fees, costs and disbursements, arising out of or in any way in connection with any of the following:

    1. the creation of your Account, your access to or use of our Services, including information provided in connection therewith;
    2. your breach or alleged breach of our Terms;
    3. your violation or alleged violation of any third-party right, including without limitation any copyright, property, or privacy right;
    4. any claim that any Content that you uploaded, submitted, downloaded, stored, disseminated or sent on or through our Services caused damage to a third party;
    5. any actions taken by RINGL during or as a consequence of investigations by either RINGL or any governmental authorities, law enforcement authorities or third parties; or
    6. any misrepresentation made by you

    You will cooperate as fully as required by us in the defence or settlement of any claim.

    9. DISCLAIMERS

    YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY OF DATA, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE OR USEFUL OR THAT OUR SERVICES WILL BE OPERATIONAL, SAFE, ERROR FREE, OR WITHOUT BREACHES OF SECURITY OR THAT OUR SERVICES WILL FUNCTION UNINTERRUPTED WITHOUT ANY DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES AND INTERFACES OUR SERVICES PROVIDE.WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE COMPATIBLE WITH OTHER SOFTWARE INSTALLED ON YOUR DEVICE.

    YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.

    YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, “RINGL PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (COLLECTIVELY, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST RINGL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

    WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER OR THIRD-PARTY, OR ANY DAMAGE SUFFERED BY ANY USER OR THIRD-PARTY, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER OR THIRD-PARTY. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES.

    WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS OF OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.

    10. LIMITATION OF LIABILITY

    IN NO EVENT SHALL THE RINGL PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF OPPORTUNITIES, LOSS OF REPUTATION, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, CREATION OF YOUR ACCOUNT OR USE OF ACCESS TO OUR SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

    NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE RINGL PARTIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO UNITED STATES DOLLARS ONE HUNDRED ONLY (US$100). YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW. IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.

     

    11. MISCELLANEOUS

    11.1 Reliance. You acknowledge and agree that by using our Services, you may be exposed to information and content which is inaccurate, misleading, defamatory, offensive or unlawful. We do not warrant the accuracy, completeness, or usefulness of the information and content presented on or through our Services. Any reliance on or use of any information or content on or accessible from our Services by you is at your own risk.

    11.2 Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. At our sole discretion, we may charge you for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by law.

    11.3 No Waiver. Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.

    We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

    11.4 Severability. If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.

    11.5 Assignability. You will not transfer, assign or novate any of your rights or obligations under these Terms to any other person without our prior consent. All our rights and obligations under these Terms are freely assignable by us (without your consent) to any of our affiliates or to a third-party in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

    11.6 Notifications. You agree that we will provide notices and messages to you in the following ways: (a) through our Services; or (b) by way of e-mail or your mobile number.

    11.7 English Language. These Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version shall supersede and take precedence.

    11.8 Entire Agreement. These Terms, together with our posted policies and all other relevant agreements between you and us, constitute the entire agreement between you and RINGL regarding our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in an agreement to which we are a party, the provision set forth in the agreement shall prevail, and (b) these Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such agreement.

    11.9 Interpretation. For the purpose of these Terms and our other posted policies, “you” and “your” means the individual user of our Services who has (a) created an Account and/or (b) uses or access our Services.

    If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third-party, a “Principal“)), then “you” and “your” also refers to such Principal. If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal.

    Further, where relevant, “you” and “your” may also refer to any relevant third parties that use or access or offer products, programs or services on or through our Services.

    RINGL“, “we“, “our“, and “us” means, collectively, Ringl Technologies Pte. Ltd. and our current and future subsidiaries and affiliates.

    In addition, the words “include“, “includes” and “including” shall be deemed to be followed by the phrase “without limitation“. The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or“. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

    11.10 Governing Law, Jurisdiction and Dispute Resolution. The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of Singapore, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed.

    If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the exclusive jurisdiction of the Singapore courts. You agree that we shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction (Singapore courts or otherwise) to enforce these Terms or to protect our or any third-party’s rights in our Services or any data, information or other content made available via our Services. You hereby waive any right to a jury trial. You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.

    For the avoidance of doubt, RINGL and our Services shall be deemed as a passive server that does not give rise to personal jurisdiction over RINGL, either specific or general, in jurisdictions other than Singapore.

    11.11 Time Limit for Claims. You agree and accept that any cause of action by you against us arising out of or related to our Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

    11.12 Electronic Contracting. Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically.

    YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.