TERMS OF USE
The following forms additional Terms and Conditions for using and accessing InSightTM Servicing software-as-a-service (“SaaS”).
By using and accessing the application and, you are deemed to accept the following as well as the CAPPS SOLUTIONS Terms and Conditions of Use.
1. DEFINITIONS
In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
"Account" means a contractually-binding subscription instance of InSightTM Servicing.
"Content" means all types of data input by the User in InSightTM Servicing.
"Customer" means any organization or authorized organizational representative who applies and subscribes to InSightTM Servicing through CAPPS SOLUTIONS PTE. LTD. for usage by the employees, contractors or subcontractors of the organization.
"Privacy Policy" means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.
"SaaS" means Software as a Service, a software application delivery model where a software vendor develops a web-native software application and hosts and operates (either independently or through a third-party) the application for use by end Customers over the Internet.
"Service Provider" refers to CAPPS SOLUTIONS PTE. LTD. who is the owner and provider of InSightTM Servicing SaaS.
"Usage License Period" means the contractually agreed period of subscription usage of InSightTM Servicing by the Customer.
"Users" means users of InSightTM Servicing, including you, your currently engaged employees, contractors or subcontractors of your organization and "User" means any one of them who has a login account to InSightTM Servicing.
"User Account" means an authorized InSightTM Servicing login account with the corresponding assigned role and access permissions given by the Customer to any currently engaged employee, contractor or subcontractor of the Customer’s organization.
2. GENERAL TERMS OF USE OF InSightTM Servicing
2.1
Applicability of terms and conditions: The use of the InSightTM Servicing is subject to these Terms and Conditions of Use.
2.2
Location: InSightTM Servicing is designed for use by Users who access InSightTM Servicing in Singapore or any other countries agreed contractually with the Service Provider. Notwithstanding the above, if you access InSightTM Servicing from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws. The Service Provider highly recommend that you engaged with us if there are any requirements for usage outside Singapore.
2.3
Scope: InSightTM Servicing is for the licensed entity business purpose use only and must not be commercially traded to another third party nor for personal use of the Users.
2.4
Prevention on use: The Service Provider reserve the right to prevent you from using InSightTM Servicing.
2.5
Equipment and Networks: The provision of InSightTM Servicing usage does not include the provision of a mobile smartphone or handheld device or other necessary equipment to access InSightTM Servicing. To use InSightTM Servicing, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using InSightTM Servicing. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing InSightTM Servicing or any such third-party charges as may arise. You accept responsibility for any such charges that arise.
2.6
Permission to use InSightTM Servicing: If you are not the bill payer for the mobile smartphone or handheld device being used to access InSightTM Servicing, you will be assumed to have received permission from the bill payer for using InSightTM Servicing.
2.7
License to Use Material: By submitting any text or images (including photographs) ("Material") via InSightTM Servicing, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
3. SUBSCRIPTION PERIOD
3.1
The Usage License Period of InSightTM Servicing will be indicated in the quotation and any other contractual documents that are mutually agreed and signed off as binding agreements between your organization and CAPPS SOLUTIONS PTE. LTD.
4. ALERTS AND NOTIFICATIONS
4.1
You agree to receive pre-programmed notifications ("Alerts") from InSightTM Servicing if you have turned on location and notification services on your mobile smartphone or other handheld devices (as the case may be).
5. FEES AND CHARGES
Fees and Charges shall be applicable should the Customer subscribes to InSightTM Servicing for the Usage License Period. This shall equally apply to any person(s), namely administrators, who granted rights to purchase InSightTM Servicing on behalf of the Customer.
Subscription of InSightTM Servicing is only available to Customers who have a CAPPS SOLUTIONS PTE. LTD. billing account and is a Singapore-registered business entity, unless otherwise agreed with CAPPS SOLUTIONS PTE. LTD.
For avoidance of doubt, Users are not automatically allocated rights to purchase any additional licenses for InSightTM Servicing on behalf of the Customer.
6. RULES ABOUT USE OF InSightTM Servicing
6.1
The Service Provider will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, the Service Provider do not guarantee that InSightTM Servicing will be free of faults, and the Service Provider do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting the Service Provider through the publicly available contact channels of the Service Provider.
6.2
The Service Provider do not warrant that your use of InSightTM Servicing will be uninterrupted and the Service Provider do not warrant that any information (or messages) transmitted via InSightTM Servicing will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that the Service Provider will try to allow uninterrupted access to InSightTM Servicing, access to InSightTM Servicing may be suspended, restricted or terminated at any time.
6.3
The Service Provider does not give any warranty that InSightTM Servicing is free from viruses or anything else which may have a harmful effect on any technology.
6.4
The Service Provider reserve the right to change, modify, substitute, suspend or remove without notice any information on InSightTM Servicing from time to time. Your access to InSightTM Servicing may also be occasionally restricted to allow for repairs, maintenance or the introduction of new products or services. The Service Provider will attempt to restore such access as soon as the Service Provider reasonably can. For the avoidance of doubt, the Service Provider reserves the right to withdraw any information from InSightTM Servicing at any time.
6.5
The Service Provider reserve the right to block access to and/or to edit or remove any material which in their reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
6.6
The Service Provider will perform a standard backup of the Customer data daily at a pre-determined schedule.
6.7
The Customer shall be solely responsible for the use and consequences of InSightTM Servicing and for any content, information, data or the like stored by the Customer, in or disseminated through any User account(s). For avoidance of doubt, User account(s) includes any and all accounts assigned by the Customer. In no event will the Service Provider be responsible to the Customer or any other parties for any loss, corruption, destruction or alteration of any content, data, information or the like stored by the Customer within InSightTM Servicing.
6.8
The Service Provider will provide Customer query support services during business operations hours (9am to 6pm) from Monday to Friday, excluding Singapore official public holidays.
6.9
The Service Provider may, at any time and with notice, temporarily suspend InSightTM Servicing for operational reasons such as repair, maintenance, upgrade or improvement of InSightTM Servicing or because of an emergency. The Service Provider will restore InSightTM Servicing as soon as reasonably practicable.
7. CUSTOMER CONDUCT
The Customer understands that all information, data, text or other materials ("Content") are the sole responsibility of the person from whom such Content originated. This means that the Customer, and not the Service Provider, are entirely responsible for all Content that the Customer and their appointed Users to transmit or otherwise make available via InSightTM Servicing. The Service Provider does not control the Content posted via InSightTM Servicing and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will InSightTM Servicing be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via InSightTM Servicing.
The Customer acknowledges, consents and agrees that the Service Provider may access, preserve and disclose the Customer’s account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i)
comply with legal process;
(ii)
enforce the Terms of Use;
(iii)
respond to claims that any Content violates the rights of third parties;
(iv)
respond to the Customer’s requests for Customer service; or
(v)
protect the rights, property or personal safety of the Service Provider, its employees and the public.
The Customer understands that InSightTM Servicing and software embodied within InSightTM Servicing may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Service Provider and/or content providers who provide content to InSightTM Servicing. The Customer may not attempt to override or circumvent any of the usage rules embedded into InSightTM Servicing. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on InSightTM Servicing, in whole or in part, is strictly prohibited.
During and after the term of the Customer’s contractual service with the Service Provider for InSightTM Servicing, the Customer agrees to maintain communications and correspondences with InSightTM Servicing Support Team in a professional and respectful manner. The Customer shall avoid and refrain from any conduct which would tend to disparage the Service Provider, its affiliates, shareholders, directors, officers, or employees, which might jeopardize or be prejudicial to any business, professional, or personal relationship of the Service Provider, or any of the above-mentioned representatives, or which might damage the business, professional, or personal reputation of the Service Provider, or any of the above-mentioned representatives.
The Service Provider and InSightTM Servicing Support Team reserve the right not to serve any customers who correspond, communicate, interact or behave in unprofessional, unruly, unreasonable and abusive manner to any employees of the Service Provider or InSightTM Servicing Support Team members. In severe cases whereby, the Service Provider’s employees or InSightTM Servicing Support Team members are subjected to unwarranted verbal or written (electronically or printed) abuse by the Customer repeatedly, the Service Provider reserves the right to terminate InSightTM Servicing of the Customer with no refund of any balance Usage License Period of the Customer’s InSightTM Servicing Account.
8. SUSPENSION AND TERMINATION
8.1
If you use (or anyone other than you, with your permission uses) InSightTM Servicing in contravention of these Terms and Conditions of Use, the Service Provider may suspend your use of InSightTM Servicing.
8.2
If the Service Provider suspend InSightTM Servicing, the Service Provider may refuse to restore InSightTM Servicing for your use until the Service Provider receives an assurance from you, in a form that the Service Provider deems acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
8.3
The Service Provider shall fully co-operate with any law enforcement authorities or court order requesting or directing the Service Provider to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
8.4
Without limitation to anything else in this Clause 8, the Service Provider shall be entitled immediately or at any time (in whole or in part) to:
(a)
suspend InSightTM Servicing;
(b)
suspend your use of InSightTM Servicing; and/or
(c)
suspend the use of InSightTM Servicing for persons the Service Provider believes to be connected (in whatever manner) to you, if:
8.4.1
you commit any breach of these Terms and Conditions of Use;
8.4.2
the Service Provider suspects, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
8.4.3
the Service Provider suspects, on reasonable grounds, that you may have committed or be committing any fraud against the Service Provider or any person.
8.5
The Service Provider rights under this Clause 8 shall not prejudice any other right or remedy the Service Provider may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8.6
The Customer may terminate their InSightTM Servicing account by submitting such termination request 30 days in advance to the Service Provider. Payment made for any on-going Usage License Period will not be refunded.
8.6.1
For the termination of an on-going contract/agreement, the Customer agrees to pay the Service Provider for all implementation services provided up to the date of termination and an additional early termination fee amounting to 10% (ten percent) of the total contract/agreement fee, unless otherwise specified in the contract/agreement.
8.6.2
In the event that the termination notice is given prior to the start of any work post contract agreement, the Customer shall be liable to pay the Service Provider a cancellation fee amounting to 10% (ten percent) of the total contract/agreement fee, unless otherwise specified in the contract/agreement.
9. DISCLAIMER AND EXCLUSION OF LIABILITY
9.1
InSightTM Servicing, the information on InSightTM Servicing and use of all related functions are provided on an "as is, as available" basis without any warranties whether express or implied.
9.2
To the fullest extent permitted by applicable law, the Service Provider disclaims all representations and warranties relating to InSightTM Servicing and its contents, including in relation to any inaccuracies or omissions in InSightTM Servicing, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.3
The Service Provider does not warrant that InSightTM Servicing will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that InSightTM Servicing will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.4
While the Service Provider may use reasonable efforts to include accurate and up-to-date information on InSightTM Servicing, the Service Provider makes no warranties or representations as to its accuracy, timeliness or completeness.
9.5
The Service Provider shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with InSightTM Servicing and the services offered in InSightTM Servicing, your access to, use of or inability to use InSightTM Servicing or the services offered in InSightTM Servicing, reliance on or downloading from InSightTM Servicing and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if the Service Provider have been advised of the possibility of such damages.
9.6
The Service Provider shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with InSightTM Servicing and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.7
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
9.8
Notwithstanding the Service Provider’s efforts to ensure that the InSightTM Servicing system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. The Service Provider cannot, and does not, warrant that data transfers pursuant to InSightTM Servicing, or electronic mail transmitted to and from the Service Provider, will not be monitored or read by others.
10. INDEMNITY
You agree to indemnify and keep the Service Provider indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of
(a)
your use of InSightTM Servicing
(b)
any other party’s use of InSightTM Servicing using your user ID, verification PIN and/or any identifier number allocated by the Service Provider, and/or
(c)
your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
11. INTELLECTUAL PROPERTY RIGHTS
11.1
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on InSightTM Servicing are protected by copyright laws and/or other laws and/or international treaties, and belong to the Service Provider and/or the Service Provider’s suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by the Service Provider and/or the Service Provider’s suppliers, as the case may be.
11.2
Nothing contained on InSightTM Servicing should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on InSightTM Servicing without the Service Provider’s written permission. Misuse of any trademarks or any other content displayed on InSightTM Servicing is prohibited.
11.3
The Service Provider will not hesitate to take legal action against any unauthorised usage of the Service Provider’s trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
12. AMENDMENTS
12.1
The Service Provider may periodically make changes to the contents of InSightTM Servicing, at any time and without notice. The Service Provider assume no liability or responsibility for any errors or omissions in the content of InSightTM Servicing.
12.2
The Service Provider reserves the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on InSightTM Servicing website and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
13. APPLICABLE LAW AND JURISDICTION
13.1
InSightTM Servicing may be accessed from Singapore and any other countries around the world that have been approved by the Service Provider and where the local technology and laws permit its usage. As each of these places have differing laws, by accessing InSightTM Servicing both you and the Service Provider agree that the laws of Singapore and any other applicable countr(ies), without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of InSightTM Servicing.
13.2
You accept and agree that both you and the Service Provider shall submit to the exclusive jurisdiction of the courts of Singapore and any other applicable countr(ies) in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
14. PRIVACY POLICY
The Service Provider respects the data privacy of the Customers. The Service Provider do not intentionally use Customer’s data for any purpose other than it being in InSightTM Servicing for the Customer’s usage. By accessing the InSightTM Servicing Website and/or Application, you are deemed to have accepted this Privacy Policy. Please refer to https://capps.com.sg/privacy.
Last Updated
:
19 August 2024
Version
:
2024.1