Terms of Service Agreement
THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES. IF YOU REGISTER FOR A FREE TRIAL OF OUR SERVICES, THE APPLICABLE PROVISIONS OF THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.
By signing this agreement, you agree to the terms of this agreement.
ACCEPTANCE OF TERMS
“Service” shall mean the use of the VisiONE applications, offered by VisiONE Pte Ltd (hereafter known as “VisiONE”). VisiONE provides its Service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://visione.io/terms. In addition, when using particular VisiONE services, you and VisiONE shall be subject 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. VisiONE also may offer other services from time to time, which are governed by different Terms of Services.
DESCRIPTION OF SERVICE
VisiONE currently provides users with access to a rich collection of online 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 VisiONE 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 a 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 VisiONE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, VisiONE 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 register an account with your username and password upon activation of the 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 VisiONE 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. VisiONE 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 VisiONE, are entirely responsible for all Content that you upload, post, email, or otherwise transmit via the Service.
VisiONE does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will VisiONE 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 VisiONE may establish general practices and limits concerning the use of the Service. You agree that VisiONE 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 VisiONE reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that VisiONE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
VisiONE 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 VisiONE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Without prejudice to any provision herein, either party may terminate this Service Agreement by giving the other thirty (30) days’ prior written notice to that effect.
In the event of termination by you before the expiry of the Minimum Contract Period, you agree to pay VisiONE 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 VisiONE prior to such termination.
VisiONE may, without prejudice to any other rights or remedies of VisiONE 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 VisiONE’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 VisiONE, VisiONE may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
You shall pay VisiONE in full all fees, costs, and expenses accrued and owing to VisiONE 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 VisiONE hereunder. VisiONE may summarily terminate this Service Agreement without any liability to you, directly or indirectly, in damages or otherwise if:
in the reasonable opinion of VisiONE, 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.
VISIONE’S PROPRIETARY RIGHTS
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 VisiONE or advertisers, 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 VISIONE 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, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VISIONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE 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 TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
VisiONE, the VisiONE logo, and other VisiONE logos, products, and service names are trademarks of VisiONE. (the “VisiONE Marks”). Without VisiONE’s prior permission, you agree not to display or use in any manner, the VisiONE Marks.
FEES AND CHARGES
You shall pay VisiONE the agreed-upon fees and charges set out in this Service Agreement. All payments hereunder shall be made in favour of VisiONE Pte Ltd within Seven (7)days from the date of VisiONE’s invoice as detailed therein except where specified otherwise.
You shall pay any good and services tax or any other tax levies or charges now or hereafter imposed by law.
If you fail to make payment when due, VisiONE 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.
The provision of and rights to VisiONE’s Services will automatically renew at the end of the initial Term and any renewal term at the same terms as the current contract unless you notify VisiONE in writing at least thirty (30) days prior to the expiration of the Initial Term or the then-current renewal term that you do not desire to renew.
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 VisiONE does 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 VisiONE, any circumstance beyond the reasonable control of VisiONE (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, VisiONE 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, benefits, and/or obligations under this Service Agreement without the prior written consent of VisiONE.
GOVERNING LAW AND JURISDICTION
The TOS constitutes the entire agreement between you and VisiONE and governs your use of the Service, superseding any prior agreements between you and VisiONE. 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 VisiONE shall be governed by the laws of Singapore without regard to its conflict of law provisions. You and VisiONE agree to submit to the personal and exclusive jurisdiction of the Singapore courts. The failure of VisiONE 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 the 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.
To ask any questions about this TOS or our Services, or make any suggestions, or tell us about any other ideas concerning our site or our Services, please contact:
VisiONE HR Solutions Pte. Ltd.
Jurong Gateway Road, #08-03 JEM, Singapore 608550
We will take commercially reasonable measures to obtain written or active e-mail consent from the user if we are going to be using the personally identifiable information collected from the user in a manner different from that stated at the time of collection.