1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information About Us and How to Contact Us
2.1 Who we are. We are Alp Peak Pte Ltd and are established in Singapore.
2.3 Licence. We licence you to use:
(a) Our Website, or mobile application software, the data supplied with the software, (Platform) and any updates or supplements to it.
(b) The related electronic documentation (Documentation).
(c) The service you connect to via the Platform and the content we provide to you through it (Service).
2.5 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.6 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.7 In return for your agreeing to comply with these terms you may:
(a) download or stream a copy of the Platform onto your smartphone or web and view, use and display the Platform and the Service on such devices.
(b) use any Documentation to support your permitted use of the Platform and the Service.
(c) receive and use any free supplementary software code or update of the Platform incorporating “patches” and corrections of errors as we may provide to you.
3. Our Contract With You
3.1 Age. You must be 18 or over to accept these terms.
3.2 Account security:
(a) You shall at all times maintain the security and secrecy of Your Account Information and the username and password of Your User Account.
(b) You shall not authorise any Third Party to use Your User Account. You may not assign or otherwise transfer Your User Account to any other natural person or legal entity.
(c) You shall be responsible for all activity that occurs under Your User Account, unless You provide sufficient evidence to Our reasonable satisfaction that Your User Account has been the subject of unauthorised use.
(d) You shall notify Us of any breach of security of Your username and password immediately.
3.3 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you.
4. Providing the Services
4.1 Timeframe. We will begin the Services on the date set out in the order or on the date agreed with you during the order process.
4.2 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
4.3 If you do not allow us access to provide services. If you do not allow us access, information or documents to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to obtain the said information or documents we may end the contract in accordance with the present agreement.
5. Our Rights to End the Contract
5.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 21 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Servies;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to supply the services.
5.2 You must compensate us if you break the contract. If we end the contract in the situations set out in this agreement we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
6. Price and Payment
6.1 When you must pay and how you must pay. We accept payment with Paynow, Visa, Master, PayPal.
6.2 You must make an advance payment for the price of the Services, before we start providing them.
7. How We May Use Your Personal Information
8. Licence Restrictions.
8.1 You agree that you will:
(a) except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the Platform, Documentation or Services, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform, Documentation or Services nor permit the Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services on devices as permitted in these terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(i) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(ii) is not used to create any software that is substantially similar in its expression to the Platform;
(iii) is kept secure; and
(iv) is used only for the Permitted Objective;
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service.
9. Acceptable Use Restrictions
9.1 You must:
(a) not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service[, including by the submission of any material] (to the extent that such use is not licensed by these terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service;
(d) not use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
10. Intellectual Property Rights
10.1 All intellectual property rights in the Platform, the Documentation and the Services throughout the world belong to you and the rights in the Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform, the Documentation or the Services other than the right to use them in accordance with these terms.
10.2 We May End Your Rights to Use the Platform and the Services If You Break These Terms:
(a) We may end your rights to use the Platform and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
(b) If we end your rights to use the Platform and Services:
(i) You must stop all activities authorised by these terms, including your use of the Platform and any Services.
(ii) You must delete or remove the Platform from all devices in your possession and immediately destroy all copies of the Platform which you have and confirm to us that you have done this.
(iii) We may remotely access your devices and remove the Platform from them and cease providing you with access to the Services.
11. Other Important Terms
11.1 You May Not Transfer the Platform to Someone Else. You may not otherwise transfer the Platform or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Platform is installed, you must remove the Platform from it.
11.2 Changes to These Terms. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
11.3 Notice of change. We will give you at least 10 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Platform. If you do not accept the notified changes you will not be permitted to continue to use the Platform and the Service.
11.4 Update to the Platform and Changes to the Service. From time to time we may automatically update the Platform and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and the Services.
11.5 If Someone Else Owns the Phone or Device You Are Using. If you download or stream the Platform onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
11.6 We Are Not Responsible for Other Websites You Link To. The Platform or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
11.7 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it.
11.8 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.9 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date
11.10 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.11 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of Singapore, and you can bring legal proceedings in respect of the products in the courts of Singapore.