TERMS OF AGREEMENT
THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.
ACCEPTANCE OF TERMS
“Service” shall mean the use of the software applications, offered by eVantage-HR Pte Ltd (hereafter known as “eVantage-HR”). eVantage-HR provides its Service to you, subject to the following Terms of Service (“TOS”) . These TOS, which may be updated by us from time to time without notice to you. In addition, when using particular services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
We currently provide users with access to a rich collection of on-line applications (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that we assumes no responsibility for the timeliness, deletion, miss delivery or failure to store any user communications or personalisation settings. In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
provide true, accurate, current and complete information about yourself (such information being the “Registration Data”) and
maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or eVantage-HR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eVantage-HR has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon activation of service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to:
immediately notify eVantage-HR of any unauthorised use of your password or account or any other breach of security, and
ensure that you exit from your account at the end of each session. eVantage-HR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not eVantage-HR, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.
eVantage-HR does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will eVantage-HR be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that eVantage-HR may establish general practices and limits concerning use of the Service. You agree that eVantage-HR has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that eVantgae-HR reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that eVantage-HR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
eVantage-HR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that eVantage-HR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In the event of termination by you before the expiry of the Minimum Contract Period, you agree to pay eVantage-HR a sum equal to the total subscription fees for the Minimum Contract Period (based on the number of users stated in the Order Form) minus all subscriptions fees that have already been paid to eVantage-HR prior to such termination.
eVantage-HR may, without prejudice to any other rights or remedies of eVantage-HR and notwithstanding any waiver of any previous breach, suspend the Service in the event that any monies payable by you for the Service are in arrears or any amount shown in eVantage-HR’s bill is not settled in full for more than thirty (30) days from the invoice due date. You shall be liable for all charges and fees incurred up to and including the date of such suspension and where such suspension occurs before the end of the Minimum Contract Period, you shall be liable for the total subscription fees up to the end of the Minimum Contract Period. Notwithstanding the aforesaid, upon payment by you of all monies due and owing to eVantage-HR, eVantage-HR may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
You shall pay eVantage-HR in full all fees, costs and expenses accrued and owing to eVantage-HR prior to termination by or upon termination of this Service Agreement. The termination of this Service Agreement shall be without prejudice to your obligations which have accrued prior to such termination, including, without limitation, your obligation to pay all monies due and owing to eVantage-HR hereunder.
eVantage-HR may summarily terminate this Service Agreement without any liability to you, directly or indirectly, in damages or otherwise if:
In the reasonable opinion of eVantage-HR, you have breached any of the terms and conditions herein contained; or
You make any voluntary arrangement with your creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction ); or
An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of Yours.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
LIMITATION OF LIABILITY
You expressly understand and agree that eVantage-HR shall not be liable for any direct, indirect, incidental, special consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use of data or other intangible losses (even if eVantage-HR has been advised of such damages), resulting from:
The use or inability to use this service;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
Unauthorised access or alteration of your transmission or data;
Statements or conduct of any third party of service on any other matter relating to the service.
FEES AND CHARGES
You shall pay eVantage-HR the agreed upon fees and charges set out in the Service Agreement
For the purpose of calculating the subscription fee per month for the current month, the total number of users shall be based on the total number of active users on the last day of the previous month, or the number of users stated in the Service Agreement during the minimum contract period, whichever is higher.
If you fail to make payment when due, eVantage-HR may charge you interest at one and a half percent (1.5%) per month on the amounts outstanding, from the date such payment is due until the date payment is made in full.
Billing will start from the commencement date regardless of whether you have started using the services.
REPRESENTATIONS AND WARRANTIES
You acknowledge that your use of the Service is at your sole risk. The Service is provided on an “As Is” basis, and we do not make any warranty, express or implied, with respect to the Service, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights.
Force Majeure means, in relation to eVantage-HR, any circumstance beyond the reasonable control of eVantage-HR (including, without limitation, any breakdown or malfunction of hardware, software, networks or systems used in connection with the Service).
Notwithstanding any other provision of this Service Agreement, eVantage-HR shall not be deemed to be in breach of this Service Agreement, or otherwise be liable to you, for any delay in performance or the non-performance of any of its obligations under this Service Agreement, to the extent that the delay or non-performance is due to any Force Majeure, and the time for performance of that obligation shall be extended accordingly.
You shall not assign, transfer, sub-contract or in any other manner make over to any third party the rights, benefit and/or obligations under this Service Agreement without the prior written consent of eVantage-HR.
The TOS constitute the entire agreement between you and eVantage-HR and govern your use of the Service, superseding any prior agreements between you and eVantage-HR. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and eVantage-HR shall be governed by the laws of Singapore without regard to its conflict of law provisions. You and eVantage-HR agree to submit to the personal and exclusive jurisdiction of the Singapore courts. The failure of eVantage-HR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.