TERMS OF USE

 

  1. INTRODUCTION

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using the Siden Website and/or the Siden Services. These Terms of Use and our Privacy Policy form the basis on which you may access and use the Siden Services including the Siden Website. By using the Siden Website and/or the Siden Services you are deemed to have read, understood and accepted to be bound by the Terms of Use and our Privacy Policy (the Terms) and any other related terms of use. If you do not agree with these Terms of Use, you should stop using the Siden Website and/or the Siden Services immediately.

 

  1. DEFINITIONS

The following expressions shall, unless the otherwise expressly stated, have the following meaning:

Agreement means these Terms of Use.

Confidential Information means any information, whether oral or written, relating to the business of Siden or any of its Related Corporations.

Related Corporations means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control.

Siden, Our, Us, We refers to Siden, Inc and its Related Corporation(s). 

Siden Website means https://siden.io and any other websites or other web address(es) as may be used and/or adopted by Siden from time to time.

Siden Services means any services and/or products and/or a combination of both provided by Siden, and our Related Corporation(s), authorised agents, authorised partners or associates, either alone or in conjunction with one another shall include our “online” (e.g., Siden’s Website, mobile applications however accessed and/or used, whether via personal computers, mobile devices, tablets or otherwise) and “offline” (e.g, collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by Siden or any of its Related Corporations, authorised agents, authorised partners or associates. Any references to “Siden Services” in the Terms of Use shall mean all the Siden Services or any of them as the context requires.

A reference to “person(s)” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa.

A reference to you or the user is a reference to a user of any of the Siden Website and/or the Siden Services.

 

  1. AGREEMENT
  1. By using the Siden Website and/or the Siden Services, you accept these Terms of Use and the the Privacy Policy and these Terms of Use read together with the Privacy Policy shall constitute a valid and binding agreement made between you and Siden.
  2. We reserve all rights to change any or all of these Terms of Use at any time and we will post the updated and new Terms of Use on the Siden Website and/or the Siden Services (as relevant). All changes are effective immediately and your continued use of the Siden Website and/or Siden Services after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. We reserve the right to refuse to provide our products and services to anyone at any time.

 

  1. USER WARRANTIES, ACKNOLWEDGEMENTS AND UNDERTAKINGS
  1. By using the Siden Website and/or the Siden Services, you hereby acknowledge, represent and warrant that you:
    1. are at least eighteen (18) years of age; and
    2. have read and fully understood all the terms and conditions contained herein and the Privacy Policy.
  2. You undertake to fully comply with the Terms of Use.
  3. You undertake to ensure that the mobile phone/device and/or computer used by you to access the Siden Website and/or the Siden Services is legally owned, possessed or used by you at all times and you undertake not to allow any person other than you to access or manipulate the Siden Website and/or the Siden Services using your mobile phone, device and/or computer.
  4. You acknowledge that you are responsible for any account you may create with us in connection with the provision of the Siden Services and that you are responsible for any activity in such account. You undertake to keep all information in relation to such account up to date.
  5. You undertake to only use the Siden Website and/or the Siden Services for lawful purposes and the purpose for which it is intended and you further undertake to only use the Siden Website and/or the Siden Services for your own internal, personal, non-commercial use and not on behalf of or for the benefit of any third party.
  6. You acknowledge that all software programming contained in the Siden Website and/or the Siden Services (the Software) is owned by or licensed to Siden and that any unauthorised access to, reproduction, redistribution, publication, display or other use of the Software would infringe the intellectual property rights of Siden or a third party licensor.
  7. You acknowledge that content which is displayed or performed or available on or through the Siden Services, including, but not limited to, videos, text, graphics, data, articles, photos, images, illustrations and so forth (“Content”) is protected by copyright and/or other intellectual property laws and you agree not to copy, distribute, modify or store such Content.
  8. You acknowledge that the display quality of the Content on any of the Siden Services can vary by device and is affected by many factors, including your internet speeds, WiFi strength, and location and that Siden is not responsible for the display quality of any Content.
  9. You undertake not to: (i) modify, translate, create or attempt to create derivative copies of or copy of the Software; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Siden Website and/or the Siden Services; (iii) use the Siden Website and/or the Siden Services in any way that violates these Terms of Use; (iv) disable, bypass, circumvent, or interfere with any digital rights management, security or access control mechanisms; and (iv) use the Siden Website and/or the Siden Services in any manner which would infringe the intellectual property rights of Siden, any of its Related Corporations or any third party.
  10. You agree that you will not when using the Siden Website and/or the Siden Services: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information available through the Siden Website and/or the Siden Services; or (c) attempt to gain unauthorised access to other computer systems through the Siden Website and/or the Siden Services. You agree that you will not use the Siden Website and/or the Siden Services in any manner that could damage, disable, overburden or impair the Siden Website and/or the Siden Services or interfere with any other party’s use and enjoyment of the Siden Website and/or the Siden Services.
  11. You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid (the Marks) contained on or in the Siden Website and/or the Siden Services (save and except for any marks of advertisers) are owned by Siden. You undertake not to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks without the prior written consent of Siden. You further undertake never to claim ownership or rights to the Marks.
  12. You acknowledge that the Siden Website and/or the Siden Services may contain links to websites operated by third parties (Third Party Websites). You further acknowledge that Siden does not have any influence or control over the Third Party Websites and is not responsible for such Third Party Websites. You are advised to check the terms of use and privacy policies of such Third Party Websites.
  13. You acknowledge that some of the Siden Services may be provided in conjunction with third parties (the Joint Services) and that Content is made accessible by such third parties. You acknowledge that these third parties will have their own terms of use and policies in relation to data privacy.  Siden has no control over or shall not be responsible for any terms of use or policies of such third parties.  Siden accepts no liablity for any breaches of the terms of use or privacy policy you may have entered into with such third parties in respect of the Joint Services.
  14. You acknowledge that the Siden Website and/or the Siden Services are provided on a reasonable efforts basis only and that Siden shall not be liable for any unavailability or malfunction of the Siden Website and/or the Siden Services for any reason.

 

  1. INDEMNITY

You agree to fully indemnify, release, defend and hold Siden and its Related Corporations and its or their officers, directors, employees, affiliates, agents, licensors and representatives harmless from and against all claims, demands, lawsuits, liability, loss, judgments or other expenses (including, but not limited to, legal fees) suffered or incurred by Siden arising, directly or indirectly, from: (i) your use of (or failure to use) the Siden Website and/or the Siden Services; (ii) any reliance on the contents of the Siden Website or the Siden Services; (ii) your breach of the Terms of Use; (iii) your unauthorised use of the Software or the Marks; and (iv) any improper, unauthorised or illegal uses of your mobile phone/device and/or computer used by you to access the Siden Website and/or the Siden Services.

 

  1. SIDEN RIGHTS 
  1. Siden may modify, suspend, discontinue or restrict the use of any portion of the Siden Website and/or the Siden Services and any Content available on the Siden Services without notice or liability to you.
  2. Siden has the absolute discretion and right to reject any person from using the Siden Website and/or the Siden Services or any part thereof.
  3. Siden reserves the right not to permit you access to the Siden Website or the Siden Services should your device not be compatible or authorised.

 

  1. SIDEN DISCLAIMERS 
  1. We do not warrant that the Siden Website and/or the Siden Services or the Content therein will be available and accessible to you at all times.
  2. We make no warranty as to accuracy or reliability of any information, advice, opinion, statement of any Content on the Siden Website and/or the Siden Services.
  3. Siden accepts no liability for any third party Content which may be available on the Siden Website and/or the Siden Services. Siden also accepts no liability for any feedback, comments, suggestions, sharing, distribution and republication of any Content available on the Siden Website and/or the Siden Services.
  4. Nothing contained in the Siden Website and/or the Siden Services shall be construed as an inducement to enter into any contractual arrangement with Siden or any of its Related Corporations or any third parties providing the Joint Services.
  5. Siden and its Related Corporations and each of our directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained in or omitted from the Siden Website and/or the Siden Services.
  6. You expressly agree that use of the Siden Website and/or the Siden Services and reliance on its content is at your own risk. Siden does not make any representations or warranties of any kind regarding the Siden Website and/or the Siden Services, the Software, the content, or the results that may be obtained from use of any of the foregoing. The Siden website and/or the Siden Services are provided on an “as is, as available” basis, and Siden specifically disclaims any and all express or implied warranties.
  7. You release and hold us harmless from any and all liability arising from your use of any Third-Party Website or Joint Service.
  8. All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms of Use, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from these Terms of Use.

 

  1. LIMITATION OF LIABILITY

Siden and its Related Corporations and its respective directors, employees, agents, affiliates and licensors shall in no event be liable for any damages or losses including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, or any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any loss resulting from or caused by the Siden Website and/or the Siden Services (and the content therein), the Software, the Marks or these Terms of Use (including, without limitation, damages resulting from negligence) and/or any suspension, cancellation or termination or refusal of your use of the Siden Website, and/or the Siden Services or any content or material thereof. Siden will not be responsible for any losses arising out of the unauthorised use of your mobile phone/device and/or computer to access the Siden Website and/or Siden Services.

 

  1. CONFIDENTIALITY
  1. You agree to keep the Confidential Information confidential and not to disclose it to any third parties without the prior written consent of Siden.
  2. Siden shall keep the Confidential Information confidential but it may disclose such Confidential Information to its Related Corporations and its directors, agents, employees, advisors, shareholders, banks, investors or any third party who acquires the business or assets of Siden in whole or in part.

 

  1. MISCELLANEOUS
  1. These Terms of Use, and any non-contractual obligations arising out of or in connection with them, shall be governed and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms of Use (including as to the existence, validity, interpretation, performance, breach or termination thereof) or any dispute regarding non-contractual obligations arising out of or in connection with the Terms of Use will be subject to the exclusive jurisdiction of the Singapore International Arbitration Centre in Singapore in accordance with the arbitration rules of the Singapore International Arbitration Centre (the SIAC Rules) and the SIAC Rules are deemed incorporated into these Terms of Use by reference.
  2. Any term, condition, provision or undertaking in these Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, or unenforceability any other term, condition, provision or undertaking herein contained.
  3. Failure by Siden to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.
  4. Provisions that, by their nature, should survive termination of these Terms of Use shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
  5. Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between you and Siden.
  6. Siden may assign or novate all or part of our rights under these Terms of Use provided we ensure that your rights under these Terms of Use are not prejudiced. You may not assign or novate your rights or liabilities under these Terms of Use without our prior written consent.