Terms of Use

Last modified: 26 September 2017

 

The Terms of Use stated herein (“Terms” or this “Agreement”) constitute a legal agreement between you, and in the case of a corporate account user, the corporate entity that you are using the Services (defined below) on behalf of (collectively “You” or “Your”) and INFOGNOSIS PTE LTD (“we”, “us”, “our” or “INFOGNOSIS”). They set forth the terms and conditions on which You are allowed to access our website, http://www.infognosis.com, (the “Website”) and use the services provided by us, including but not limited to InfoG Screen and any services subsequently added or offered through the Website (collectively the “Services”) which may be subject to additional terms or guidelines, which shall be deemed incorporated in these Terms by reference.By accessing the Website and/or using the Services, You hereby acknowledge that You have read, understood and agreed to be bound by these Terms, and any future amendments to these Terms as published from time to time on the Website. If You do not agree to these Terms, You may not access the Website or use the Services.

We reserve the right to amend these Terms or their policies at any time we deem fit. Such amendments shall be effective upon posting of an updated version on the Website. You agree that it shall be Your responsibility to review these Terms regularly whereupon the continued accessing of the Website and/or use of the Service after such amendments shall constitute Your acceptance and agreement to such amendments.

 

  1. OVERVIEW

1.1 Restrictions

The applications used by us to provide the Services (“Service Applications) may be used only by You solely for Your internal business purposes and not for providing services to third parties. You shall not use the Service Applications to offer due diligence, compliance or related services to third parties, including but not limited to timesharing, facilities management, outsourcing or service bureau uses. You shall not provide the Service Applications in form of screenshots, reports or other ways to any entity nor reveal that INFOGNOSIS, or where applicable, its third-party providers, was the source of information from the Service Applications without our written consent. You shall not provide the Service Applications to any third parties unless required to do so by law or court order. You shall ensure that each person or entity authorized to access the Service Applications under these Terms is informed of, and agrees to abide by, the obligations of the Terms described herein. You shall not use any network monitoring or discovery software or processes to determine the Service Applications’ architecture, or extract information about usage or individual identities of users. You shall not export or re-export the Service Applications in violation of the export control laws and regulations of Singapore.

1.2 Permitted Uses

You are permitted to collect, process, and use the information that You obtain from the Service Applications, and will not collect, process or use such information for any purposes not permitted under applicable laws. Without limiting the other restrictions set forth in these Terms, You shall use the InfoG Screen’s application solely for purposes of identity verification, fraud prevention or enforcement of laws designed to prevent money laundering to the extent permitted by laws and regulations applicable to You and by these Terms. You shall use the Service Applications in accordance with the requirements of all applicable laws and regulations of Singapore and where applicable in the law of your entity’s place of business or incorporation.

1.3 Personal Information

INFOGNOSIS will collect, store, use and process information provided to us during Your account registration, access of the Website or use of the Services. They include those from which You are identifiable (“Personal Information”), including but not limited to Your name, email address, telephone number, company’s name, and address.

Your provision of the Personal Information is voluntary but if You choose not to provide any Personal Information, Your account registration may not be complete and may cause INFOGNOSIS to be unable to allow You to use the Services.

You agree and consent to INFOGNOSIS using and processing Your Personal Information for a variety of purposes, including but not limited to:

  1. Provide, operate, maintain, improve and promote the Services;
  2. Enable You to access and use the Services, including uploading, collaborating on and sharing contents;
  • Process and complete transactions including sharing of information within the Service Applications;
  1. Communicate with You, including responding to Your comments, questions, and requests; providing support and information as required, surveys, newsletters, offers, promotions, contests and events and other information as necessary;
  2. Monitor and analyze trends, usage, and activities for our marketing purposes;
  3. Investigate any fraudulent transactions, unauthorized access and other illegal activities;
  • For other purposes about which we notify You or included in the Website and/or the Service Applications.

If You do not consent to INFOGNOSIS using or processing Your Personal Information for any of the above purposes, You will notify us using the contact details as provided on the Website.  If any of Your Personal Information changes, for example, if You change your telephone, You will update the details promptly in Your profile under Your account on the Website.

1.4 Password

You agree that it is Your sole responsibility to ensure the security and integrity of Your password. INFOGNOSIS is not liable, and shall be held harmless by You, for any loss or damage arising from the unauthorised use of your password. If You believe that the confidentiality or integrity of Your password has been or is likely to be compromised, You agree to immediately contact INFOGNOSIS, after which You shall create a new password. Unauthorized and/or improper use of Your password may lead to immediate termination of Your access to the Website and/or use of the Services by INFOGNOSIS.

1.5 Security

You shall:

  1. restrict access to the Service Applications to those employees who have a need to know as part of their official duties;
  2. ensure that none of Your employees or authorized users
    • obtain and/or use any information from the Service Applications for personal reasons, or
    • transfer any information received through the Service Applications to any person except as permitted hereunder;
  3. take all commercially reasonable measures to prevent unauthorized access to, or use of, the Service Applications, whether the same is in electronic form or hard copy, by any person or entity;
  4. maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through the Service Applications as it is being disposed of;
  5. take all steps to protect Your networks and computer environments, or those used to access the Website and/or Service Applications, from compromise.

2. InfoG Credits

2.1 You may purchase credits (the “InfoG Credit”) which may be used to pay for the Services. INFOGNOSIS may change the rates of the InfoG Credits at any time without notice to You by posting such changes on the Website.

2.2 Each InfoG Credit will only be valid for one (1) year from the date of its purchase. Upon expiry, free credits will be issued in place of unused credits. You hereby agree that You will have no claim whatsoever against INFOGNOSIS for any unused and/or expired credits.

2.3 You will not receive interest or other earnings on Your InfoG Credits. The InfoG Credits are not redeemable for cash nor are they refundable under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. InfoG Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

  1. INTELLECTUAL PROPERTY OWNERSHIP

3.1 Full ownership rights in and to the Website and Service Applications under these Terms, and all intellectual property rights therein including patent, title, copyright, trademark and trade secret rights in the Website and Service Applications, shall remain with INFOGNOSIS.

3.2 Notwithstanding the foregoing, You shall have the right to retain and use the results of Your reports generated in, and information obtained from, the legitimate use of the Services during the period remaining as a customer of INGOGNOSIS, solely for internal business purposes, compliance, and record keeping.

  1. CONFIDENTIALITY

4.1 You agree that You may have access to confidential information in the Website and Service Applications including without limitation, technical, financial, strategies and related information, computer programs, algorithms, know-how, processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below) and other information (whether written or oral), and in the case of INFOGNOSIS’s information, product information, pricing information, product development plans, forecasts, data contained in the Website and Service Applications licensed under these Terms, and other business information (collectively “Confidential Information”).

4.2 Confidential Information shall not include information that:

  1. is or becomes generally known to the public through no fault or omission of Yours;
  2. was in Your possession or known by You prior to receipt from INFOGNOSIS;
  • was lawfully disclosed to You by a third-party and received in good faith and without any duty of confidentiality by You or the third-party; or
  1. was independently developed without use of any Confidential Information of INFOGNOSIS by your employees who have had no access to such Confidential Information.

4.3 “Trade Secret” shall be deemed to include any information which gives INFOGNOSIS advantage over competitors who do not have access to such information.

4.4 You agreed not to divulge any Confidential Information or information derived therefrom to any third-party and shall protect the confidentiality of the Confidential Information with the same degree of care we use to protect the confidentiality of our own confidential information and trade secrets, but in no event less than a reasonable degree of care. Notwithstanding the foregoing, You may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that You shall give INFOGNOSIS prompt written notice of such subpoena, court order or other governmental authority so as to allow INFOGNOSIS to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense.

4.5 Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Your obligations with respect to Confidential Information shall continue for these Terms and for a period of five (5) years thereafter, provided however, that with respect to Trade Secrets, Your obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret.

  1. NO ADVICE

5.1 The InfoG Screen’s application provides certain information about particular persons, which information is derived from numerous public sources located throughout the world. You understand and acknowledge that INFOGNOSIS does not editorialize the InfoG Screen application content, nor warrant or guarantee that the sources for the InfoG Screen’s application content are accurate or error-free, or that inaccuracies or errors in the InfoG Screen’s application content will be discovered or remedied.

5.2 The InfoG Screen’s application content is not intended to constitute, and does not constitute, compliance or due diligence advice, and does not provide particular compliance or due diligence advice with regard to any person or entity being screened.

5.3 All assumptions, inferences or conclusions that You derive or deduce from the InfoG Screen’s application content are Your work product and are not endorsed or supported by INFOGNOSIS. You acknowledge and agree that You are responsible for any denial of service or access to a customer or other third party and that You shall not deny such service or access based solely upon data or results provided by INFOGNOSIS or the InfoG Screen’s application without first conducting an appropriate review and adjudication process.

5.4 The accuracy, completeness, adequacy or currency of the InfoG Screen’s application content is not warranted or guaranteed. All InfoG Screen’s application content is provided “as is” and, except as otherwise provided by these Terms, Your use of the InfoG Screen’s application is at your own risk. You agree that the categories under which the InfoG Screen’s application content is grouped in the InfoG Screen’s application are intended to provide points of reference only, and are not intended to imply or acknowledge that particular person and entity are, in fact, properly labeled as such.

  1. WARRANTIES & LIMITATIONS

6.1 To the maximum extent permitted by applicable law and except as otherwise expressly stated in this Agreement, INFOGNOSIS disclaims all responsibility for any loss, injury, claim, liabilities, all warranties, fitness for a particular purpose or damage of any kind resulting from or arising from the access of the Website and/or use of the Services including:

  1. Any errors in or omissions from the Website or the Service Applications content, including but not limited to technical inaccuracies, typographical errors and incomplete data;
  2. Any third party website or information or data accessed through links in the Website and/or the Service Applications;
  3. The unavailability of the Website and/or the Service Applications or any portion thereof;
  4. Your access of the Website and/or use of the Services, and/or;
  5. Your use of any equipment or software in connection with the Website and/or the Service Applications.

6.2 Special Disclaimer for InfoG Screen’s application content. As additionally described elsewhere in these Terms, You understand and agree that the InfoG Screen’s application content is derived from public sources which, themselves, may contain inaccurate or erroneous information. Further, You understand and agree that INFOGNOSIS does not warrant or guarantee that it has included all relevant portions of any public source or information that comprises the InfoG Screen’s application content, and that portions of the InfoG Screen’s application content may be taken out of the context in which they were originally reported. You agree that INFOGNOSIS shall not be responsible for, and assumes no liability for, any infringement, mistakes, assumptions, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the InfoG Screen’s application content, and You shall hold INFOGNOSIS harmless for the publication or re-publication of such InfoG Screen’s application content.

6.3 Special Disclaimer for InfoG PAC: The answers and information therein, provided by our panel of professionals are of a general nature and not meant to be exhaustive nor conclusive. They do not nor are they intended to constitute an offer or provision of a high level of assurance or opinion by a financial expert. You should always consult relevant professionals to obtain specific opinion, if required and independent verification of the information before acting on it.

By accepting the information conveyed through InfoG PAC, You are doing it on Your own free will and taking them at Your own risk. You acknowledge that You are solely responsible for evaluating all the risks associated with the use, reliance and/or acceptance of such information, including those relating to their accuracy, completeness, appropriateness or legality. Any arrangement made between You and a third party named on or linked to the Website is at Your sole risk and responsibility.

6.4 INFOGNOSIS shall not be liable for:

  1. Incidental, indirect, special, punitive, exemplary or consequential damages; or
  2. Loss of or damage to data from any cause beyond INFOGNOSIS willful acts, including without limitation loss of use, revenues, profits or savings.

6.5 If, notwithstanding the foregoing, liability can be imposed on INFOGNOSIS, then you agree that the aggregate liability of INFOGNOSIS for any and all losses or injuries arising out of any act or omission of INFOGNOSIS in connection with anything to be done or furnished under these Terms, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall not exceed the amount actually paid by You to INFOGNOSIS during the twelve (12) months immediate. The claim must be made to INFOGNOSIS within two (2) years from the date of the loss or injury occurred.

  1. INDEMNIFICATION

You and Your beneficial owner agree to indemnify, defend and hold harmless INFOGNOSIS and our officers, directors, employees, agents, licensors, suppliers and any third party , from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from Your misuse of the Website and/or Services or any claim or action by a third party arising from or related to Your use of the Website and/or Services or Your infringement of any law in the course of using the Website and/or Services.

  1. UNLAWFUL ACTIVITY

You understand and agree that in order to ensure compliance with applicable law and INFOGNOSIS policies, INFOGNOSIS may conduct periodic audits of Your activity and may contact You to provide documentation regarding usage and executed searches. You agree to cooperate fully with any and all audits and/or investigations. INFOGNOSIS reserves the right to investigate complaints or reported violations of these Terms and to take any action INFOGNOSIS reasonably deems appropriate in response to such violations, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to address such violations to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. INFOGNOSIS reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to the Website or Services.

  1. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Singapore without giving any effect to any choice of law or conflict of law provision or rule (whether of Singapore or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Singapore.

  1. SANCTION LAWS

You acknowledge that INFOGNOSIS is subject to economic sanctions laws, including but not limited to those enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union, and the United Kingdom. Accordingly, You shall comply with all economic sanctions laws of the United States, the European Union, and the United Kingdom. You shall not provide access to the Website or the Services to any individuals identified on OFAC’s list of Specially Designated Nationals (“SDN List”), the UK’s HM Treasury’s Consolidated List of Sanctions Targets, or the EU’s Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions. You shall not take any action which would place INFOGNOSIS in a position of non-compliance with any such economic sanctions laws.

  1. NO WAIVER & ASSIGNMENT

Our failure or delay in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

You may not assign any of your rights under these Terms, and any such attempt will be void. INFOGNOSIS may assign this Agreement without your consent to an associated entity at any time, or to a third party in the event of a sales or other transfer of some or all of our assets. In the event of any sale or transfer, you will remain bound by these Terms.

  1. ENTIRE AGREEMENT & SEVERABILITY

The Terms constitute the entire agreement between You and INFOGNOSIS and supersede all previous agreements or negotiations, whether written or oral (if any) between the parties concerning the subject matter hereof.

The provisions of these Terms are severable and if any provision is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will remain in full effect and be enforced.

  1. FORCE MAJEURE

Neither party shall be deemed to be in default of or to have breached any provision of the Terms to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented as a result of any act of God, act of civil or military authorities, civil disturbance, war (declared or undeclared), strike or other labor dispute, fire, natural disaster, transportation contingency, other catastrophe, or any other occurrence that is beyond the party’s reasonable control (“Force Majeure”). The party prevented from performance by a Force Majeure event shall give the other party written notice of the Force Majeure event promptly upon discovery thereof, and shall use best efforts to recommence performance of the affected obligations or provide an acceptable alternative.

  1. PUBLICITY

You shall not name INFOGNOSIS or refer to the use of INFOGNOSIS products or services in any publication, news release, advertisement, or promotional or marketing materials without our written consent.

  1. NOTICES

We may give notice by means of email to Your email address in the records of INFOGNOSIS, such notice shall be deemed to have been given 1 hour after the email is sent, unless we are notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give notice by letter sent by post to Your address in the records of INFOGNOSIS. In such case, notice shall be deemed to have been given 48 hours after posting.

You may give notice to us by letter sent by registered mail to INFOGNOSIS using the contact details as provided on the Website.