PLEASE READ THE FOLLOWING TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE USING ANY DESKERA SERVICE. THE USE OF ANY DESKERA SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST NOT PROCEED WITH THE SERVICES. WE MAY CHANGE THESE TERMS AT ANY TIME BY POSTING CHANGES ON OUR WEBSITE AND SUCH CHANGES SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS OF SUCH POSTING. PLEASE REVIEW THESE TERMS REGULARLY TO ENSURE YOU ARE AWARE OF THESE CHANGES. YOUR CONTINUED USE OF THE SERVICES AFTER THE EXPIRY OF THE 30-DAY PERIOD SHALL CONSTITUTE ACCEPTANCE TO THE CHANGES.
Purpose of Agreement
The Services are made available to you by Deskera Singapore Pte. Ltd. (UEN 200820807R), a company incorporated in Singapore with its registered office situated at 1 Raffles Place, #18-01 Tower 1, One Raffles Place, Singapore 048616 and/or any of its affiliates (“hereinafter referred to as “We” or “Deskera”) subject to the following Terms. Deskera may also offer other services under different terms of service. Services are made available by Deskera only to persons who are above 18 years of age. By using the services you represent that you are 18 years or older.
Description of Service
Deskera provides users with access to an array of services for online collaboration and management including but not limited to office suite and project management application (the “Services”). You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You may create, edit, publish and share the contents of your Deskera Accounts (“Account”). Deskera will not be responsible for notifying you of any upgrades, fixes or enhancements to any such software, or for any compromise of data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet), which are not owned or operated by Deskera. Deskera also assumes no responsibility for the reliability or performance of any connections as described in this section.
These Terms shall be read together with the terms, instructions and specifications specified in our purchase orders, quotations, proposals and/or other separate agreements entered into with Deskera and/or its affiliates (the “Agreement”). These Terms and the Agreement shall, unless otherwise expressly consented or agreed to by us, constitute the entire agreement between the parties hereto in relation to such Services.
In the event of any conflict between these Terms and the Agreement, the Services shall be subject to the terms and conditions contained in the Agreement which shall prevail and supersede any inconsistent terms and conditions contained in these Terms or elsewhere.
Acceptance of Subscription to Service
Your Subscription to Deskera starts at the time of your acceptance to these Terms of Service. The billing for this subscription shall start with the subscription. You agree to start using the Deskera Software with this acceptance and Deskera shall start billing for the subscription from this day of acceptance.
Subscription to Beta Service
Deskera may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. Deskera shall have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. Deskera shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Services as commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to any Beta Service. Deskera reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Deskera shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Deskera reserves the right to discontinue offering all or any part of the Services at the conclusion of your then current subscription term for such Services. Deskera shall not be liable to you nor to any third party for any modification of the Services as described in this section. These modifications may include, without limitation, payment for the Services. You will be provided the option to terminate your use of the Services via electronic mail if Deskera modifies the Terms in a manner that substantially affects your rights in connection with the use of the Services. You agree that unless explicitly stated otherwise, any new features that augment or enhance the Services, and/or any new service(s) subsequently procured by you will also be subject to these Terms.
Member Registration Obligations
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the registration process (the “Registration Data”); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. You will also choose a password and a user name. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify Deskera without delay of any unauthorized use of your account or any other breach of security. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Deskera has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Deskera has the right to terminate your Account and refuse current or future use of any or all of the Services.
Personal Data and Privacy
You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all electronic communications, including those containing business information, account registration, account holder information, financial information, customer data, and all other data of any kind contained within emails or otherwise entered electronically through the Services or under your account and you agree to notify Deskera immediately of any unauthorized use of your Account at email@example.com and of any loss or theft or unauthorized use of any User’s password or name and/or account numbers. Deskera will act as though any electronic communications it receives under your passwords, user name, and/or account number are duly authorized and have been sent by you and is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
Deskera reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request,
Communications from Deskera
Fees and Payments
Deskera reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. Prices, payment terms and currency shall be those specified in the Agreement. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Deskera requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay such fees, Deskera shall have the right to cease providing such Service to you.
Restriction of Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms and conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services in any manner that could damage, disable, overburden, or impair any Deskera server, or the network(s) connected to any Deskera server, or interfere with any other party’s use and enjoyment of any Services. You agree not to attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Deskera server or to any of the Services, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree not to use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including Deskera. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email. Deskera reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, where there is reasonable justification to do so and to terminate your access to the Services if Deskera believes that you have used the Services for any illegal or unauthorized activity.
Except as permitted by this Agreement, no part of the Services may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. You agree not to access the Services by any means other than through the interfaces that are provided by Deskera. You shall not do any “mirroring” or “framing” of any part of the Service, or create Internet links to the Services which include log-in information, user names, passwords, and/or secure cookies.
Third Party Applications
Deskera does not warrant that any third party applications or services (‘Third Party Applications”), regardless of whether or not such Third Party Applications are provided by a third party that is a member of a Deskera partner program or otherwise designated by Deskera as “certified,” “approved” or “recommended.” Any procurement by you of any Third Party Applications or services is solely between you and the applicable third party provider.
Deskera is not responsible for any other aspect of such Third Party Applications that you may procure or connect to through the Services, or any descriptions, promises or other information related to the foregoing. If you install or enable Third Party Applications for use with the Services, you agree that Deskera may allow such third party providers to access customer data as required for the interoperation of such Third Party Applications with the Services, and any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider. Deskera shall not be responsible for any disclosure, modification or deletion of customer data resulting from any such access by Third Party Applications or third party providers. No procurement of such Third Party Applications or services is required to use the Service.
Links to Third Party Websites
The Deskera website (the “Website”) may include links to third party websites that let you leave the Website. These linked sites are not under the control of Deskera and Deskera is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Deskera is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Deskera of the site. Your use of the third party website may be subject to that third party’s terms and conditions.
Third Party Rights
Unless expressly provided to the contrary under these Terms, a person who is not a party has no right under the Contract (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce or to enjoy the benefit under these Terms.
We may assign, transfer or otherwise dispose our rights and obligations under these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights under it.
We respect your right to ownership of content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Deskera the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your account for Deskera’s commercial, marketing or any similar purpose.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in the such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Deskera shall have the right to block access to or remove such content made available by you, if Deskera receives complaints concerning any illegality or infringement of third party rights in such content. By using the any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Deskera for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, please contact us at firstname.lastname@example.org. If you wish to protest any blocking or removal of content by Deskera, please contact us at email@example.com.
Intellectual Property Rights
You agree that all rights, title and interest in and to all intellectual property rights in the Services and all modifications, extensions, customizations, scripts or other derivative works of the Services provided or developed by Deskera are owned exclusively by Deskera or its licensors. Except as provided in these Terms, the rights granted to you do not convey any rights in the Services, express or implied, or ownership in the Services or any intellectual property rights thereto. In addition, Deskera shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, including users, relating to the operation of the Service. Any rights not expressly granted herein are reserved by Deskera. Deskera, the Deskera logo, the Krawler logo, the names of different Deskera Services and their logos are trademarks of Krawler Pte. Ltd.. You agree not to display or use, in any manner, the Deskera trademarks, without Deskera’s prior permission. You agree not to display or use the Deskera marks in any manner without Deskera’s express prior written permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. DESKERA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DESKERA MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DESKERA, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. NOTHING IN THESE TERMS SHALL PREJUDICE ANY CONDITION OR WARRANTY EXPRESSED OR IMPLIED OR ANY LEGAL REMEDY TO WHICH WE MAY BE ENTITLED, IN RELATION TO THE SERVICES WHICH ARE THE SUBJECT OF THE AGREEMENT, BY VIRTUE OF ANY STATUTE OR CUSTOM OR ANY GENERAL LAW, LOCAL LAW OR REGULATION.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DESKERA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DESKERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DESKERA RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL DESKERA’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Deskera, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.
These Terms shall be governed by the laws of Singapore.
Any disputes, controversy, claim or differences arising out of or relating to the Terms, including its existence, validity or termination (the “Dispute”), shall be settled by binding arbitration in accordance with the rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be in English. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Singapore and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, the parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by the SIAC and may be made a consent award on the agreed terms. Deskera may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction and all users hereby waive any and all objections to all such equitable remedies.
Errors on Website
We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to product prices, specifications, offers and availability.
Should any one or more of the provisions of this Agreement be held invalid or unenforceable by a court of law, it shall be considered severed from this Agreement and shall not serve to invalidate the remaining provisions thereof. The Parties shall make a good faith effort to replace any invalid or unenforceable provision with a valid and enforceable one such that the objectives contemplated by them when entering this Agreement may be realized.
Deskera reserves the right to suspend your access and access by any of your affiliates to and/or use of the Services for any membership accounts (i) for which any payment is due but unpaid, whether a notice or reminder of such non-payment has been issued, (ii) for which you have not paid for any renewal term and you have not notified Deskera of your desire to renew the Services by the date of expiry of the then current subscription term or (iii) where the Services are being used to engage in denial of service attacks, spamming, or illegal activity, and/or use of the Services is causing immediate, material and ongoing harm to Deskera or others. The suspension is for the entire membership account and you understand that such suspension would therefore include sub-accounts, if any.
You agree that Deskera shall not be liable to you or to any of your affiliates or other third party for any suspension of the Services pursuant to this section.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at firstname.lastname@example.org
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