TRIDENT MATCH PTE. LTD.

GENERAL TERMS OF USE


Effective Date: November 3, 2020


  1. 1    GENERAL

    1. 1.1    These terms and conditions (“Terms”) govern your use of or access to our website at www.trustana.com and all programs, software, services, material, information and data offered or provided by Trident Match Pte. Ltd. (a company incorporated in Singapore, and operating at 83 Clemenceau Avenue, #02-01, UE Square, Singapore 239920) (“Trident”) and made available on mobile, web-based or other applications (collectively, the “Platform”). These Terms constitute a binding agreement between you and Trident. If you do not accept any of these Terms, please do not use the Platform. Your access to or use of the Platform shall be deemed to be an acceptance of these Terms.

    1. 1.2    In these Terms, “we”, “us” and “our” refers to Trident Match Pte. Ltd., a company incorporated under the laws of Singapore. “You” and “your” refers to any person who (a) has registered for an account on the Platform; and/or (b) accesses or uses the Platform without registering for an account.

    1. 1.3    We may revise these Terms at any time without prior notice to you. You should visit this page from time to time and review the Terms to ensure that you understand all the terms and conditions that apply to your access to and use of the Platform. Your continued access to and/or use of the Platform indicate your acceptance of the revised Terms.

    1. 1.4    We may modify or discontinue any information or features that form part of the Platform at any time, without notice to you, and without liability. We may also, in our discretion, cease to operate the Platform at any time, but will give you advance notice of such intention.

    1. 1.5    These Terms will also apply to any updates or upgrades provided by us that replace and/or supplement any part of the Platform, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.

    1. 1.6    From time to time, we may (including through our services providers or third parties) offer specific or new products, features, functionalities and/or services to complement or supplement the product/service offerings comprised within the Platform. Additional or separate terms and conditions may apply to these products, features, functionalities and/or services, and you will need to accept and comply with those terms and conditions to enjoy them.

    1. 1.7    We may also from time to time publish additional guidelines, rules and conditions applicable to the use of the Platform. You agree to comply with these additional guidelines, rules and conditions, which are incorporated by reference into these Terms.

    1. 1.8    We reserve the right to change the URL(s) of the Platform without prior notice to you.

    1. 1.9    These Terms may be made available in languages other than English. To the extent of any inconsistencies or conflicts between these Terms and other versions of the Terms in any other language, the English language version shall prevail. 


  2. 2    ACCOUNT REGISTRATION

    1. 2.1    You may be required to apply and register for an account with us before you are entitled to access and/or use certain features or services of the Platform. To register an account or to enable certain features and functions, you will be required to complete the registration procedures specified on the Platform. 

    1. 2.2    We reserve the right to, at our sole discretion, reject your application for an account.

    1. 2.3    When registering for an account, you may be required to provide various pieces of information (such as name, email address, identification numbers, etc.) to us in accordance with instructions given through the Platform. You will promptly update any information you have provided so that it remains complete, true and accurate at all times. We may, if required or in accordance with applicable laws, check and verify the information you have provided to us. You agree to cooperate and extend to us any assistance that we may require for such checks and verifications.

    1. 2.4    We may require you to allow us to obtain information or data relating to you from third party sources (including official sources) in order to verify your identity and details. You acknowledge and authorise us to obtain such data or information on your behalf and agree to cooperate / extend to us any assistance that we may require to obtain the information and data. 

    1. 2.5    Notwithstanding any verification that we may conduct pursuant to Clauses 2.3 and 2.4, you acknowledge and agree that we are reliant upon and not responsible for, the accuracy, veracity or truthfulness of any information and data received from you or any third party source, and accordingly our verification does not constitute any endorsement, guarantee or certification on our part that any registered user on the Platform is safe, trustworthy and/or reliable.

  3. Users

    1. 2.6    In signing up for an account with us, you represent and warrant that: 

      1. 2.6.1    all registration information provided by you is and will continue at all times to be true, accurate, current and complete to the best of your knowledge and belief;

      1. 2.6.2    you have full capacity and authority to (and do) accept and agree to these Terms; and

      1. 2.6.3    you have not previously been suspended or prohibited from using the Platform.

  4. Use of account

    1. 2.7    Upon successful registration of your account, you:

      1. 2.7.1    agree to keep your account ID and password confidential and shall not allow other person to use the account. It is your responsibility to ensure the security of, and your continuous control over, your account; and

      1. 2.7.2    shall notify us immediately if you have any reason to believe that the security of your account has been compromised.

    1. 2.8    Your account is personal to you (or your organization) and you may not share your account with any third party. As the account holder, you are solely responsible for any and all activities which occur under your account. We are entitled to treat all activities that occur under your account as having been conducted with your knowledge and authority. For the avoidance of doubt, in cases where you have allowed any other person to use your account or have negligently or otherwise made your password and/or account ID publicly available, you agree that you are fully responsible for:

      1. 1.1.1    the online conduct of such user; 

      1. 1.1.2    controlling the user’s access to and use of the Platform; and 

      1. 1.1.3    the consequences of any use or misuse.

    1. 2.9    You acknowledge and agree that we may access your account and its contents as necessary for purposes including but not limited to identifying or resolving technical problems, verifying or ensuring your compliance with the Terms, or responding to complaints without prior notice to you. 

  5. Your general obligations

    1. 2.10    You represent, undertake and warrant that you will:

      1. 2.10.1    provide us with all necessary information and/or produce all necessary documents as may be required by us in order to provide you with products and services you need on the Platform. Where supporting documents are required, you should ensure that all information submitted through the Platform is consistent with the supporting documents;

      1. 2.10.2    comply with all applicable laws and regulations with respect to your activities on and in connection with the Platform; and

      1. 2.10.3    comply with all applicable security or encryption standards, rules, procedures and guidelines.


  6. 3    LICENSE AND ACCESS

    1. 3.1    You are permitted to use the Platform subject to your compliance with these Terms. Where we provide you with any programs and software in connection with your use of the Platform, you are granted a limited, royalty-free, non-exclusive, revocable and non-transferable, licence and right to download and use them for your own internal business purposes. Our programs and software are licensed, not sold, to you, and you may only use them as permitted by these Terms. This licence does not transfer any title in the Platform to you. We retain all rights in the Platform and reserve all rights not expressly granted to you.

    1. 3.2    The Platform and its contents (including trademarks, logos, domain names, source code, pages, documents and online graphics, audio and video), and all proprietary and intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us. You acknowledge that you have no right, title, interest in and to the Platform, its contents, and all proprietary and intellectual property rights associated therewith, and you agree not to challenge the validity of our ownership of or rights to the same. You shall not reproduce, republish, distribute or otherwise exploit any content of the Platform in any way without our prior express consent, which may be withheld for any or no reason.

    1. 3.3    In order for us to provide you with the facilities and functionalities offered by the Platform, you hereby grant us a perpetual, non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide licence to use, reproduce, distribute, create derivative works of, display and perform any information or User Material (as defined in Clause 6.1 below) that you upload, submit, store, send or receive through the Platform for our business and operational purposes (including to transmit your communications and storing communications on our servers).


  7. 4    MAINTENANCE AND SUPPORT

    1. 4.1    We have no obligation to provide any maintenance, support or other services in relation to the Platform, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements. However, if we do provide any updates, upgrade, bug fixes and/or patches, and/or enhancements in respect of the Platform, you shall install them and keep your installation of the Platform updated to the most recent release or version made available by us.

    1. 4.2    Your access to and/or use of the Platform may also be interrupted, suspended or restricted when we provide any maintenance, support or other services in relation to the Platform.


  8. 5    TRANSACTIONS ON THE PLATFORM 

    1. 5.1    The Platform may provide features, functionalities and/or services, provided or offered by us and/or our services providers, that may facilitate transactions and activities between you and other users on or through the Platform. You acknowledge and agree that: 

      1. 5.1.1    you are solely responsible for fulfilling all transactions and activities with other users of the Platform according to such terms that you may have agreed with them;

      1. 5.1.2    we are not party to and are not bound by any oral or written agreement (including any sale and purchase of any product) entered into between you and any other party (including other users of the Platform); 

      1. 5.1.3    to the maximum extent permitted by law, we disclaim all responsibility and liability for (a) any transactions and activities between you and other users; and (b) any act or omission in connection with the transactions and activities, whether or not such acts, omissions, transactions and activities have been facilitated by us or conducted on or through the Platform; and

      1. 5.1.4    you have no authority to (and shall not) make any statement, representation or claims nor give any warranties or enter into any binding commitments or agreements on our behalf. 

    1. 5.2    In order to facilitate the transactions and activities conducted on the Platform, we may, through the use of third party service providers, generate, create, provide, store, process, manage, facilitate, transfer and/or transmit Verifiable Credentials to you or on your behalf (“Third Party Service Providers”). You agree that we and/or the Third Party Service Providers, whether acting on your instructions or otherwise, may display, disclose, transfer or share your data (associated with any Verifiable Credential) with any party which accesses such data with the proper or recognised access codes or permissions. To the maximum extent permitted by applicable law, we shall not be responsible or held liable for (a) any inaccuracies, misrepresentations or falsehoods contained in the contents of the Verifiable Credentials; (b) any interference, hacking, theft or interception by third parties, or for the security, integrity or confidentiality of the Verifiable Credentials; and (c) for the display, disclosure, transfer and sharing of the Verifiable Credentials on the Platform. In this clause, “Verifiable Credentials” shall refer to tamper-evident data in a machine-readable format (i.e. expressed as structured code) that contains information / pertains to a certain data point about a natural person or legal entity.

    1. 5.3    To the maximum extent permitted by applicable law and subject to any terms that you may separately agree with these Third Party Service Providers, you agree that these Third Party Service Providers are not liable for: 

      1. 5.3.1    the display, disclosure, transfer and sharing of your data with any party which accesses such data with the proper or recognised access codes;

      1. 5.3.2    any loss, damage or liability that you may incur or suffer that is caused by or as a result of any corruption, loss or deletion of your personal data or information; 

      1. 5.3.3    any misrepresentation or inaccuracy of your personal data or information that is collected, used, disclosed, processed, transferred or stored by the Third Party Service Providers; 

      1. 5.3.4    any breach, non-compliance or misrepresentation of any representations, conditions and warranties of any kind, whether express, implied or statutory or otherwise, in relation to the services provided by the Third Party Service Providers, including without limitation to all conditions and warranties of satisfactory quality, merchantability, interoperability, security, fitness for a particular purpose, non-infringement or that the services will be without failure, delay, interruption, malware or error; and

      1. 5.3.5    any loss, damage or liability that you may incur or suffer as a result of the direct or indirect use of the services provided by the Third Party Service Providers. 

    1. 5.4    The Third Party Service Providers shall be entitled to and have the discretion to impose any guidelines, rules, terms and conditions on you from time to time in connection with your use of the Third Party Service Provider’s services. 


  9. 6    USER MATERIAL

    1. 6.1    In the course of using the Platform, a user may be transmitting, displaying, generating, submitting and/or uploading data (including, transactional and usage data associated with the transaction and activities conducted on or through the Platform), information (including messages and images), credentials, materials, commentary, suggestions, feedback, media and/or any other content (“User Material”) that may be made accessible to others, accessed by or used by other users.

    1. 6.2    You agree that any User Material (other than Personal Data, which is governed by our Privacy Policy) you may provide, is provided on a non-proprietary and non-confidential basis.

    1. 6.3    You agree to grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license (in all fields) to display, modify, re-format, use, publish, translate, distribute and disseminate such User Material as we deem fit. For the avoidance of doubt, you agree that we shall be able to monitor, analyse, utilise and exploit the User Material for our own benefit and may disclose the User Material to any party in any manner for such purposes.

    1. 6.4    You shall bear full responsibility for your User Material. You affirm, represent, and/or warrant that (a) you own or have the necessary rights, licenses, consents, and permissions to use and upload your User Material; and (b) your User Material and our use of your User Material, as permitted under the Terms, does not and will not violate, misappropriate or infringe on the rights of any third party (including any intellectual property rights such as copyright).

    1. 6.5    We are not responsible to you for any User Material of other users. In particular, we are not responsible if any User Material contain information, data, remarks or ratings which may be false or inaccurate, or which you consider to be offensive, indecent, defamatory or objectionable in any other way.

    1. 6.6    You may contact us to request the removal of any User Material as provided in Clause 9.2. This sets out our total responsibility and your full rights in relation to such User Material.


  10. 7    USAGE RESTRICTIONS

    1. 7.1    You will not, and will not permit any other party to:
  11.  
      1. 7.1.1    modify, adapt, improve, enhance, alter, translate or create derivative works of the Platform;

      1. 7.1.2    reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Platform, or decrypt the Platform;

      1. 7.1.3    use or merge the Platform, or any component or element thereof, with other software, databases or services not provided or authorised by us;

      1. 7.1.4    publish, transmit, post, upload or maintain any defamatory, obscene, threatening, malicious or otherwise objectionable material, or any other material in violation of any statute, rule or regulation in any jurisdiction to which you are subject;

      1. 7.1.5    publish, transmit, post, upload or maintain any content or material that is inaccurate or that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights;

      1. 7.1.6    create a database by systematically downloading and storing the contents of Platform;

      1. 7.1.7    interfere or attempt to interfere with services we provide on the Platform ("denial of service attacks") including, but not limited to, "flooding" of networks, deliberate attempts to overload a service, attempts to "crash" the Platform and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure;
  12.  
      1. 7.1.8    circumvent, or attempt to circumvent, user authentication or security measures ("cracking") of any Internet or intranet site or any of the accounts of our users or any other person using the Platform, including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us;
  13.  
      1. 7.1.9    circumvent, or attempt to circumvent, any protection measures (electronic or otherwise) in place to regulate or control access to the Platform, including without limitation through the use of a virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;

      1. 7.1.10    use any kind of program/script/command/application, or send messages of any kind, designed to, in any manner interfere with any user’s terminal session; 

      1. 7.1.11    upload files that are corrupted, contain viruses, bugs or any other similar software, code, component or programs which may damage the Platform or cause interference to the services provided by us;

      1. 7.1.12    use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine", “crawl” or in any way gather the Platform or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent;

      1. 7.1.13    use the Platform to send unsolicited commercial advertisements to any party in any situation in which commercial advertisements are unwelcome;

      1. 7.1.14    violate or assist in the violation of any applicable laws, rules or regulations in connection with your access or use of the Platform;

      1. 7.1.15    use the Platform to engage in fraudulent, illegal or suspicious activities and/or transactions, including fraud, money laundering and financing terrorism;

      1. 7.1.16    develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Platform;

      1. 7.1.17    remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Platform; 

      1. 7.1.18    cache, frame or link to the Platform without our prior written consent; 

      1. 7.1.19    interfere in any manner with the operation of the Platform; and

      1. 7.1.20    engage in any other conduct that is detrimental to us or any third party (including our service providers), or cause injury to, or attempt to harm us or any third party (including our services providers). 


  14. 8    INFORMATION AND CONTENTS ON THE PLATFORM

    1. 8.1    The Platform includes information and/or content (including User Material) generated or provided by the users of the Platform or third parties. We are not responsible and disclaim all liability for the information and/or content (including User Material) provided by users or third parties. We do not monitor or endorse the information and/or content (including User Material) provided by users or third parties. We do not warrant or represent the truth or accuracy of the information and/or contents (including User Material) uploaded by third parties or other users. 

    1. 8.2    The Platform may not cover all information available on a particular issue. Nothing contained on the Platform constitutes professional advice nor is it to be relied on when making any decision.

    1. 8.3    We may place advertisements such as banners, java applets and/or such other materials for the purposes of advertising product and/or services (“Advertisements”) in different locations on the Platform and at different points during your use of the Platform. These locations and points may change from time to time. You will not be entitled to receive any payment, fee and/or commission in respect of the Advertisements. 

    1. 8.4    The Platform may allow third parties to market their events and promotional activities to you. Should you wish to participate in such events and promotional activities, such engagement will be subject to separate terms as agreed between you and the relevant third parties. We are not responsible and disclaim all liability for any act or omission of these third parties, or any dealings between you and these third parties, whether or not such dealings have been facilitated or conducted on or through the Platform.

    1. 8.5    The Platform may contain hyperlinks which are not maintained by us. All hyperlinks to other applications and/or websites are provided to you for convenience only. The use and/or access of the hyperlinks, hyperlinked applications and/or websites, and any dealings resulting from such use and/or access, are entirely at your own risk. We do not, in any circumstances approve, endorse or accept any responsibility for any hyperlinked applications and/or websites or any hyperlink contained in a hyperlinked application and/or website.


  15. 9    REMOVAL OF CONTENTS

    1. 9.1    We may at any time at our sole discretion, remove any content on Platform (including User Material) without prior notice, and for any reason including without limitation, contents that appear to be outdated or inaccurate, or which are in contravention of these Terms. In the event that we remove any content, we shall not be liable whether to you or to any other party for any damage or any other remedy, in law or in equity.

    1. 9.2    You may contact us with a request to remove content on Platform if you have reasonable grounds to believe that the content:

      1. 9.2.1    is defamatory, obscene, threatening, malicious, incites hatred or contains any other objectionable material;
  16.  
      1. 9.2.2    infringes intellectual property rights or any other proprietary rights or was posted in breach of confidentiality obligations;

      1. 9.2.3    is inaccurate or misleading; or

      1. 9.2.4    is illegal or violate these Terms or any other rules of Platform.

    1. 9.3    You shall provide us with the necessary information and documentation we require for us to assess whether your requests are valid.  If we are convinced that your requests are valid, we will take steps to remove the content. You represent and warrant that all information provided in connection with such request shall be true, accurate and complete.


  17. 10    PAYMENT AND FEES
  18.  
    1. 10.1    We reserve the right to charge for services, and use of features and functionalities within Platform from time to time. If we charge for our services or use of the features or functionalities within the Platform, you shall make payment to us in accordance with the payment methods and requirements as specified on the Platform which may be updated by us at our discretion from time to time. 

    1. 10.2    We may use third party services to verify, secure, facilitate and/or process your payment on the Platform. The third party service provider may charge a fee for processing payments on the Platform. Any such charges and/or fees shall be borne by you. 

    1. 10.3    Without prejudice to the other provisions of the Terms, we shall not be responsible for any malfunction in any computer system, software or any Internet access service provider that may affect the accuracy or timeliness of the online transmission of payment instructions. We shall not be responsible if any information provided is inaccurate, if payment instructions are not given sufficiently in advance to allow for timely payment, or if payment instructions cannot be carried out for any reason beyond our control. 


  19. 11    SECURITY AND RISKS

    1. 11.1    Where appropriate, we use available technology to protect the security of communications made through the Platform. To the maximum extent permitted by applicable laws, we do not accept liability for the security, authenticity, integrity or confidentiality of any transaction or communications made through Platform.

    1. 11.2    Internet communications may be susceptible to interference or interception by third parties. You acknowledge and agree that there are inherent risks (including risks related to security, authenticity, integrity and confidentiality) in electronic communications, messaging and conducting transactions over electronic networks. To the maximum extent permitted by applicable laws, we expressly disclaim any liability for such risks made though the Platform, which you agree to assume.


  20. 12    GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
  21.  
    1. 12.1    The Platform is provided "as is" and "as available" with no warranties whatsoever. To the maximum extent permitted by applicable law, we make no guarantee, representation or warranties of any kind, whether express or implied:

      1. 12.1.1    regarding the timeliness, reliability, accuracy, completeness, accessibility, merchantability, quality, fitness for a particular purpose, operation or usefulness of any portion of the Platform; 

      1. 12.1.2    regarding the availability or appropriateness of the Platform; 

      1. 12.1.3    that the Platform or your use of the Platform will not infringe the intellectual property or other proprietary rights of any third party; 

      1. 12.1.4    that Platform will be error-free, continuously available or uninterrupted in operation, unhackable, uncompromisable, free of any data breach (inadvertently or intentionally through interference or interception by third parties) or free of bugs, computer viruses, unauthorised software, or other harmful codes or components not specifically mentioned herein;

      1. 12.1.5    that the Platform will not be susceptible to any cybersecurity breach or cannot be compromised and/or free of any data breach (inadvertently or intentionally through interference or interception by third parties);

      1. 12.1.6    that the Platform will contain information that is always timely and accurate;
  22.  
      1. 12.1.7    that Platform will operate or function properly on your devices or operating systems; 
  23.  
      1. 12.1.8    that Platform will not cause any damage to your devices or operating systems; or

      1. 12.1.9    that there will not be any unauthorised access and/or use of your account. 

    1. 12.2    Your use of the Platform is voluntary and at your sole risk. You are solely responsible for:

      1. 12.2.1    your reliance on the Platform and the information available through the Platform;

      1. 12.2.2    any liability, loss or damage that you may incur through use of the Platform; and
  24.  
      1. 12.2.3    all decisions or actions resulting from your use of the Platform and its contents.

    1. 12.3    To the maximum extent permitted by applicable law, we shall not be liable, in any circumstances or legal theories whatsoever, for any damage or loss of any kind, any direct, consequential, incidental, special or indirect damages of any character, loss of data, loss of business, loss of profits or goodwill, interruption of business, costs, expenses or claims of any nature whatsoever, even if we are aware of the risk of such damages:

      1. 12.3.1    that you may incur as a result of your use, access or reliance on the Platform (or any information, data or statement found thereon);

      1. 12.3.2    that you may incur as a result of your dealing with a Third Party Service Provider or another user through the Platform;

      1. 12.3.3    resulting from the performance of the Platform or any delay or failure thereof; 

      1. 12.3.4    arising out of or in connection with any unauthorised access to your account; 
  25.  
      1. 12.3.5    resulting from any delay in operation or transmission, communication failure, Internet access difficulties or malfunction of equipment or software; 

      1. 12.3.6    in connection with your account and/or User Material; 

      1. 12.3.7    the conduct or the views of any person who accesses or uses Platform; and/or

      1. 12.3.8    arising out of or in connection with any suspension or termination of your access to the Platform. 

    1. 12.4    The accessibility and operation of the Platform relies on technologies outside our control. We are not responsible for such technologies that are used or supported on the Platform. You agree to bear all risks associated with these technologies.

    1. 12.5    We do not endorse, and are not associated with any third parties that may be mentioned on the Platform, or products and services offered by such third parties.

    1. 12.6    In the event that we are found liable to you for any reason, our liability to you shall not, for any reason, exceed:

      1. 12.6.1    the amount paid by you to us in relation to your use or access to the Platform in the six (6) month period preceding the incident giving rise to your claim against us; or
  26.  
      1. 12.6.2    S$100 (Singapore Dollars one hundred only),

  27. whichever is lower. 

  28. This limitation in clause 12.6 applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.


  29. 13    INDEMNITY

    1. 13.1    You agree to indemnify us, our parents, subsidiaries, affiliates, directors, officers, shareholders, employees, agents, sub-contractors and licensors (collectively the “Indemnified Persons”) in respect of any and all claims, losses, damages, expenses (including legal costs on a full indemnity basis), or liabilities (whether criminal or civil) and costs of settlement suffered or incurred by the Indemnified Persons or asserted against them in respect of:

      1. 13.1.1    any access, use of, or conduct in connection with, the Platform by you;

      1. 13.1.2    any breach of these Terms by you;

      1. 13.1.3    any violation of the rights of any third party;

      1. 13.1.4    our reliance on information, data or records provided by you in connection with your use of the Platform;

      1. 13.1.5    any dispute between you and a third party or another user of the Platform; 

      1. 13.1.6    the occurrence of any event due to your act, omission or default which comprises the security or integrity of the Platform or its contents; and/or

      1. 13.1.7    your violation of any applicable law or the rights (including but without limitation to intellectual property rights and privacy rights) of any other person or entity. 


  30. 14    FORCE MAJEURE

    1. 14.1    We are not liable for any loss, damage or penalty resulting from delays or failures in performance if the delay or failure results from events beyond our reasonable control (a “Force Majeure Event”). Force Majeure Events shall include, but are not limited to, acts of God, war, hostility, invasion, act of foreign enemies, rebellion, revolution, riots, civil war, disturbances, requisitioning or other acts of civil or military authority, laws, regulations, acts or orders of any governmental authority, body, agency or official, fires, inclement weather, rain or floods (however caused), strikes, lock-outs or other labour disputes, epidemics, pandemics, outbreaks, embargoes, breakdown of equipment, plant or machinery (including, but not limited to, data centre, telecommunications systems and utility services) or other catastrophe.


  31. 15    CONFIDENTIALITY

    1. 15.1    You shall, at all times, keep confidential all information provided by us or on our behalf that is marked or is by its nature confidential or proprietary (“Confidential Information”). You shall not disclose or permit to be disclosed the Confidential Information to any third party without our prior written consent. These obligations of confidentiality do not apply to information that is publicly available, already in your possession without confidentiality restrictions or required to be disclosed by order of a court or the relevant governmental authorities.


  32. 16    PRIVACY POLICY

    1. 16.1    You agree that we may display, upload and share information and data you provide about your organisation to other users of the Platform. Any personal data or information which you may provide to us is subject to our Privacy Policy (available at [insert link to Trustana’s Privacy Policy]), which is incorporated by reference into these Terms.

    1. 16.2    You agree that you are a data controller in respect of all personal data provided to us, and that you (a) will properly and validly obtain (or have so obtained) from the relevant data subjects all requisite consents for the collection, use, disclosure, processing and retention of such personal data for the purposes set out in our Privacy Policy; and (b) are responsible for compliance with your obligations under applicable data protection laws with respect to such personal data.


  33. 17    MONITORING OF USE AND AUDIT

    1. 17.1    We reserve the right to monitor usage of the Platform by any person and have the sole discretion to refuse access or use by any person at any time without having to give any reason or any prior notice.

    1. 17.2    You will be asked to account for any unauthorised access of the Platform. You shall provide us with your fullest cooperation and all necessary support for the conduct of the audits at no cost to us.


  34. 18    TECHNICAL REQUIREMENTS

    1. 18.1    You acknowledge and agree that for the Platform to function, it requires a compatible device (including a mobile or computing device), appropriate third party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services and/or equipment to access and use the Platform.


  35. 19    SUSPENSION AND TERMINATION

    1. 19.1    We reserve the right to suspend or terminate your access and use of your account and the Platform, immediately without prior notice and without liability to you, and for any reason.

    1. 19.2    If we discontinue the Platform, terminate your right to access and use the Platform, or if your account is deactivated: 

      1. 19.2.1    any and all amounts payable by you to us will immediately become due; and

      1. 19.2.2    we may delete or deactivate your user account and all related information in such user account without liability to you.

    1. 19.3    Clauses 2.8, 3.2, 3.3, 5, 6, 8, 12, 13 and all other clauses of these Terms so intended to survive after the termination of your access to the Platform shall survive such termination and remain in full force and effect. 


  36. 20    APPLICABLE LAWS

    1. 20.1    Use of the Platform and these Terms are governed by the laws of Singapore, without reference to conflicts of laws rules.

    1. 20.2    You submit to the non-exclusive jurisdiction of the courts of Singapore in relation to all disputes and any claim relating to use of this Platform.


  37. 21    MISCELLANEOUS

    1. 21.1    If any provision in these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. These Terms constitute the entire agreement between us in relation to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or representations. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Other than the Indemnified Persons and relevant Third Party Service Providers, a person who is not a party to this these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce these Terms. The rights and remedies under these Terms are cumulative and not exclusive of any other right or remedy provided by law or equity.

    1. 21.2    The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions herein. Any amendment of these Terms, if sought by you, shall not be effective unless it is made in writing and signed by our duly authorised representative.

    1. 21.3    You may not transfer or assign any of your contractual rights or obligations without our prior written consent. We may, by notice in writing to you, transfer or assign or novate any of our contractual rights and obligations.