TERMS and CONDITIONS of USE
TERMS and CONDITIONS of USE
Welcome to CAPPS SOLUTIONS PTE. LTD. website and/or our applications. The website and applications are provided by CAPPS SOLUTIONS PTE. LTD. ("CAPPS SOLUTIONS", "we", "us" or "our"). These terms and conditions of use or service ("TOS") govern the Visitor or Customer (as defined below, "you" or "your") access to and use of the website and/or its subdomains (the "Website") provided by CAPPS SOLUTIONS as well as CAPPS SOLUTIONS web and mobile applications and systems (the "Application").
In these TOS, the following words and expressions shall have the following meanings:
"CAPPS SOLUTIONS PTE. LTD." is the company providing the Website, Application Solution and/or Service.
"Visitor" means any person browsing or viewing CAPPS SOLUTIONS website or product information.
"Customer" means any authorized person who applies or subscribes for or utilizes CAPPS SOLUTIONS application or services.
"Customer Registration Web Form" means the form prescribed by CAPPS SOLUTIONS and used by the Customer to subscribe for CAPPS SOLUTIONS SaaS application services.
"Content" means all the types of data registered and/or input by the Customer, User and any person not employed officially in CAPPS SOLUTIONS in CAPPS SOLUTIONS applications.
"Account" means an account created by a User on CAPPS SOLUTIONS Application as part of Registration.
"Register" means to create an Account on CAPPS SOLUTIONS Application and "Registration" means the act of creating such an Account.
"Users" means any person(s) authorized by the Customer to utilize CAPPS SOLUTIONS SaaS applications or CAPPS SOLUTIONS Applications including their employees, contractors or subcontractors.
"Order" means the purchase order made online for CAPPS SOLUTIONS SaaS Applications.
"SaaS" means Software as a Service, a software application delivery model where a software vendor develops a web-native software application and hosts and operates (either independently or through a third-party) the application for use by end Customers over the Internet.
"Application" means any of CAPPS SOLUTIONS application solutions. PayAdvisorMobile®, InSightTM QSE , CAPPS SOLUTIONS Covid Safe Platform (C2SP), InSightTM Servicing, CBOSS are registered product solutions of CAPPS SOLUTIONS Pte. Ltd.
2. Acceptance of Terms
By accessing and using our website and/or applications or services, you accept and agree to be bound by the terms and provision of the TOS.
We reserve the right to change these Terms from time to time for any reason. Access to the Website and applications are subject to these Terms, as they are amended from time to time and published on the Website. Your continued access to the Website and/or Applications shall be deemed as having read, understood and accepted the revised Terms published on the Website.
We reserve the right to make adjustments to our products and solutions in response to fluctuations in the market and the impact of inflation. These adjustments may include changes to features, pricing, and other elements of our offerings. Our goal is to ensure that our products and solutions remain competitive in the market and that our prices are in line with the overall cost of goods and services.
3. Usage and Limitations
CAPPS SOLUTIONS Applications are designed for use in compliance with Singapore rules and regulations and mainly for use in Singapore. Notwithstanding the above, if you access the applications from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws. We highly recommend that you engaged with us if there are any requirements for usage outside Singapore.
The technical means by which CAPPS SOLUTIONS supplies the CAPPS SOLUTIONS Product Solutions is at CAPPS SOLUTIONS sole discretion.
The Customer must procure and maintain at its own expense any equipment, software, operating conditions and/or specifications needed to implement, receive and/or use the CAPPS SOLUTIONS Applications Solutions, unless CAPPS SOLUTIONS expressly agrees otherwise in writing.
If you connect to our website or applications from your mobile device, you acknowledge that the terms of agreement with your respective mobile network provider will continue to apply. You are responsible for any charges associated with your access to network connection services for the duration of the connection or any such third-party charges as may arise.
CAPPS SOLUTIONS Applications are for the licensed entity business purpose use only and must not be commercially traded to another third party nor for personal use of the Users. We reserve the right to prevent you or terminate any user using our applications.
CAPPS SOLUTIONS may, at any time and with notice, temporarily suspend the applications for operational reasons such as repair, maintenance, upgrade or improvement of the Application or because of an emergency. CAPPS SOLUTIONS will restore our application as soon as reasonably practicable. CAPPS SOLUTIONS may also modify our applications in order to keep pace with the prevailing demands and technological developments, at its discretion and without any notice to Customer. The use of our applications is subject to any instructions, notices and directions of CAPPS SOLUTIONS as may be given from time to time.
4. Your Obligations
Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
Prohibitions in relation to usage of the Application: Without limitation, you undertake not to use or permit anyone else to use the Application: -
to send or receive any information or data which is not civil or tasteful;
to send or receive any information or data which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third-party rights;
to send or receive any information or data for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
to send or receive any information or data which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
to cause annoyance, inconvenience or needless anxiety;
to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
for a purpose other than which we have designed it or intended it to be used;
for any fraudulent purpose;
other than in conformance with accepted Internet practices and practices of any connected networks;
in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
furnish false data including false names, addresses and contact details and fraudulently use workers identification whenever applicable;
attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
execute any form of network monitoring which will intercept data not intended for you;
enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
extract data from or hack into the Website and/or Application;
engage in any unlawful activity in connection with the use of the Website and/or Application.
5. Disclaimer and Exclusion of Liability
Our website and applications, the information and use of all related functions are provided on an "as is, as available" basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the website/Application and its contents, including in relation to any inaccuracies or omissions in them, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
We do not warrant that our Website and our Applications will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website and Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
While we may use reasonable efforts to include accurate and up-to-date information on the Website and Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Website and Application and the services offered in them; your access to, use of or inability to use the Website and Application or the services offered in them; reliance on or downloading from the Website and Application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Website and Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Website and Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of
your use of our Website and Application,
any other party's use of the Website and Application using your user ID, verification PIN and/or any identifier number allocated by CAPPS SOLUTIONS, and/or
your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
7. Intellectual Property Rights
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Website and/or Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Website and/or Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website and/or Application without our written permission. Misuse of any trademarks or any other content displayed on the Website and/or Application is prohibited.
We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
9. Additional TOS for Specific Applications Usage