Terms of Use
PayDay! Website Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE.
By accessing and using our Website, you shall be deemed to have accepted to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use our Website.
You acknowledge that references to “we”, “our” and/or “us” refers to RSM Stone Forest AccountServe Pte Ltd and all its affiliates.
You acknowledge that the Terms of Use together with our Privacy Statement govern your use of our Website.
We may at anytime discontinue, temporarily or permanently, our Website, or any part thereof, with or without notice. You agree that you do not have any rights in our Website and that we will have no liability to you or to any third party whatsoever should our Website be modified, suspended, discontinued or your ability to access our Website is terminated.
We will amend these Terms of Use from time to time and the updated versions will be posted on our Website and date stamped so that you are aware of when the Terms of Use was last updated. We encourage all users to periodically review this page for the latest information on our Website Terms of Use. Continued access or use of our Website following the posting of changes to these Terms of Use shall constitute your consent to such changes.
1. DISCLAIMER AND LIMITATION OF LIABILITY
1.1 Our Website and the services and products on our Website are provided "as is" and ‘as available’ without warranties of any kind, whether express or implied. We, our employees, officers, directors, affiliates or consultants do not represent or warrant that the functions contained in our Website will be uninterrupted or error-free, that the defects will be corrected, or that our Website or the server that makes our Website available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of our Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise nor do we commit to ensuring that our Website or the materials on our Website remain available or kept up to date.
1.2 In no event shall we, our employees, officers, directors, affiliates or consultants be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use our Website, delays, inaccuracies or errors in the information or in the transmission of our Website, or any information or transactions provided on or over our Website or downloaded or hyperlinked from our Website, or performance of its contents, even if we have been advised of the possibility of such damages.
1.3 Any content downloaded, uploaded or otherwise obtained through the use of our Website is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through our Website or on the Internet generally.
1.4 This Website is not intended to give you professional advice. It is intended to provide you with useful information, documents and links. If you are dissatisfied with our Website (or any part thereof), or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using our Website.
2. RIGHT TO RESTRICT ACCESS
2.1 We reserve all rights to deny or restrict access to our Website (or any part thereof) to any particular person, or to block access from a particular Internet address to our Website, at any time, without ascribing any reasons whatsoever.
3. ACCEPTABLE USE
3.1 We grant you permission to access and use our Website for your personal, non-commercial use. You must not:
(a) republish, edit or otherwise modify any material from our Website;
(b) sell, rent or sub-license material from our Website;
(c) reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
(d) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) use our Website in any way that causes, or may cause, damage to our Website or impairment of the availability or accessibility of our Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(f) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Website;
(h) attempt to gain unauthorized access to our Website, other accounts, computer systems or networks connected to any of our servers through hacking, password mining or any other means; and
(i) obtain or attempt to obtain any materials or information through any means not intentionally made available through our Website.
4. REGISTRATION, PASSWORD AND SECURITY
4.1 Access to certain areas of our Website is restricted to subscribers. We reserve the right to restrict access to other areas of our Website, or whole Website, at our discretion.
4.2 If any portion of our Website requires you to register or open an account, you must: (a) provide us with accurate, current and complete registration information as prompted by our Website's registration form ("Registration Form") and (b) maintain and promptly update the information in the Registration Form to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website and related services (or any portion thereof).
4.3 Your registration constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Statement and for all uses ancillary thereto for which your consent may reasonably be implied.
4.4 If we provide you or if you generate a user ID and password to enable you to access restricted areas of our Website or other content or services, you must ensure that the password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
4.5 You are responsible for any activity on our Website arising out of any failure to keep your password confidential and you may be held liable for any losses arising out of such a failure. We cannot and will not be liable for any loss or damage arising therefrom.
5. Content
5.1 You warrant that:
(a) you are entirely responsible for all data, document, material, information or any content (“Content”) that you upload, post, email or otherwise transmit via our Website;
(b) you have obtained all required consents and comply with all applicable privacy legislation in connection with any use and disclosure of information relating to your Content;
(c) your Content will not infringe any third party rights;
(d) you are duly authorised to upload, submit, transmit or otherwise deal with all Content provided by you, and that all such Content is true, accurate, current and complete;
(e) your Content will not place unnecessary load as to affect the performances of our Websites, systems and equipment;
(f) your Content will not contain any material which is unauthorised, inaccurate, harmful, abusive, obscene, libellous, defamatory, threatening or otherwise illegal;
(g) your Content will not contain any viruses or harmful or malicious code or devices which could damage any device accessing such Content;
(h) you will not share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions;
5.2 Notwithstanding our rights under these Terms of Use in relation to your Content, we do not undertake to monitor the submission of such Content to, or the publication of such Content on, our Website. We reserve the right to edit or remove any Content submitted to our Website, or stored on our servers, or hosted or published on our Website.
5.3 Except for any personal individually identifying information which we have agreed to keep confidential, any feedback, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via our Website, via email or otherwise, will be treated as being non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of our products or services, advertising or marketing materials. You grant us a perpetual, irrevocable, worldwide, fully transferable, sub-licensable, royalty free license to use, modify, adapt or create derivative works from the feedback you provide to us in any way.
5.4 You acknowledge and agree that we may preserve your Content (or such part thereof) and may also disclose your Content (or such part thereof) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our company, our users and the public.
6. THIRD PARTY LINKS
6.1 In an attempt to provide increased value to our visitors, we may link to websites maintained by third parties or may contain content posted on or via third party websites. These linked websites are only for your convenience and therefore you access them at your own risk. We are not responsible for the contents of those websites nor do we endorse the content thereof and shall not be liable for any damages or loss arising from access to those websites. Nonetheless, we seek to protect the integrity of our Website and the links placed upon it, and therefore invite any feedback on our own Website, as well as on websites it links to (including if a specific link does not work).
7. INDEMNITY
7.1 You hereby indemnify us and our affiliates, officers, agents, partners, and employees and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of the Content you submit, post to or transmit through our Website, your access or use of our Website, your violation of any of these Terms of Use , or your violation of any rights of another. This obligation will survive any termination of your use of our Website.
8. BREACH
8.1 Without prejudice to our other rights under these Terms of Use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our Website, prohibiting you from accessing our Website, blocking computers using your IP address from accessing our Website, contacting your internet service provider to request that they block your access to our Website and/or bringing court proceedings against you.
9. PROPRIETARY RIGHTS
9.1 PayDay!® is the registered trademark owned by RSM Stone Forest AccountServe Pte Ltd. All rights, title and interest in and to the trademark PayDay!® , the domain name, the content on our Website (including but not limited to all mobile applications, documents, information, software, graphics and images) are protected by copyright, trademark and other forms of proprietary rights and are owned by, licensed to or controlled by us and may not be reproduced or appropriated in any manner. The names, images and logos identifying our company or third parties and our respective products and services are our respective proprietary marks. Except as expressly provided, we do not grant any express or implied rights to usage of our content and the contents shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way. Your access to or use of our Website should not be construed as granting any licence or right to use any content, trademarks, trade names, logos or service marks appearing on our Website without our prior written consent.
10. SEVERABILITY
10.1 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in full force and effect and continue to be binding and enforceable.
11. GOVERNING LAW
11.1 Your access to or use of our Website, as well as these Terms of Use shall be governed by, and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts. Any action whatsoever taken by you in connection our Website, its software, tool, application or functionality, will be deemed to have been performed in Singapore.
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Purchase of Products – Terms of Sale
All purchases of our downloadable products in digital format from our Website (“Products”) are subject to the following Terms of Sale:
1. General
1.1 These Terms of Sale apply to all orders made on our Website. We reserve our right to adapt or modify these Terms of Sale at any point in time, with immediate effect on the orders made from the date of change.
2. Products and Prices
2.1 Our offer of our Products are valid as long as they are displayed on our Website.
2.2 We reserve our right to modify our Products and prices at any time, but the prices applied will be those in effect at the time of your order, except in cases of typographical errors. In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for Products listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.
2.3 After they are purchased, the Products will be available for download from our Website or from an email sent to you, according to the instructions set out therein.
2.4 Cancellations are not possible on orders for our Products. Once purchased, our Products cannot be refunded.
3. Intellectual Property Rights and Restriction of Use
3.1 We own the intellectual property rights in the Products purchased on our Website. Subject to your limited right to use the Products as set out in Clause 3.2, all our intellectual property rights in the Products are reserved.
3.2 You are only permitted as a purchaser of our Products, to use the Products for your own internal purposes only, in the capacity of an end-user, and you shall not use the Products for the provision of outsourcing or on a professional basis for anyone other than yourself, without our prior written consent. You are permitted to download the Products, retain them on computers used in your business, and make the necessary copies of the Products for any legitimate or proper internal purpose.
3.3 You are not permitted to (a) use or reproduce the Products or derivative for the purposes of sale or the use by any third party; (b) use any Products or derivative in any way that is unlawful or in breach of any person’s legal rights under any applicable law; or (c) use any Product or derivative to compete with us, whether directly or indirectly. If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are deemed our competitor and we expressly do not permit you to use or access our Website, to obtain, purchase or download any documents or information from our Website, to obtain, purchase or download any of our Products nor to obtain, purchase or download such documents or information through a third party. If you breach this term, we will hold you fully responsible for any loss that we might sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use.
3.4 You acknowledge that we do not provide any professional advice or advice of any kind to you relating to the Products, and consequently that it would be unreasonable to hold us liable in respect of your use of the Products. We do not warrant the Products’ comprehensiveness or accuracy; nor do we commit to ensuring that the Products remain available or that they are kept up-to-date. The Terms of Use (in particular Clause 1: DISCLAIMER AND LIMITATION OF LIABILITY) apply in full in relation to our Products.
3.5 If you breach any of these Terms of Use, then your licences under this Section may be terminated by us upon written notice to you. Upon the termination of a licence set out in this section, you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the Products and derivatives in your possession or control, and will permanently destroy any paper or other copies of the Products and derivatives in your possession or control.
4. Means of payment and security
4.1 All financial transactions on our Website are handled through our payment service provider PayPal. We do not have access to your credit card data and do not retain them on our server.
5. Contact
Please call +65 6336 8686 to speak to our representative, or email info@payday.com.sg with your order number, date of purchase, product bought and your email address.
[Last updated on 18 July 2013]