Terms of Service
Effective on 25 May, 2018
Terms of Service
These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Micepad (as defined below).
By downloading, browsing, accessing or using the Services in any manner, you agree to be bound by these Terms of Service. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms of Service, you must immediately discontinue your access and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be.
Micepad reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
- Use of the Services
Subject to your compliance with these Terms, Micepad grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
You agree to use the Services only for purposes that are permitted by (a) the Terms, (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and shall not:
- Engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- Reproduce, duplicate, copy, sell, trade or resell the Services for any purpose unless you have been specifically permitted to do so in a separate agreement with Micepad
- Impersonate any real or fictional person or entity or perform any fraudulent activity.
You would need to have an account with Micepad (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4 User Content
You represent that the Content that you provide to Micepad hereunder shall not contain any material (a) protected by copyright, trademark, trade secret, patent or any other intellectual property right without authorization, or (b) that is defamatory, trade libelous, unlawfully threatening or harassing, pornographic, obscene or harmful to minors, or (c) that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising.
We reserve the right to refuse to remove any content that breaches any of the representations and warranties and covenants set forth above, and you agree to indemnify and hold Micepad and its subsidiaries, affiliates, officers, employees, suppliers, service providers and Partner Companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
- Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Micepad. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Micepad. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Micepad.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
- Suspension and Termination
Micepad reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
- Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE SOFTWARE PROVIDED MAY CONTAIN BUGS AND ERRORS. THE SOFTWARE PROVIDED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, MICEPAD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liabilities
YOU AGREE THAT TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, MICEPAD SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU, YOUR CUSTOMERS OR THIRD PARTIES CAUSED BY FAILURE OF THE SOFTWARE TO FUNCTION. IN NO EVENT WILL MICEPAD BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, COST OF SUBSTITUTE GOODS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OF THE SOFTWARE OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF MICEPAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF MICEPAD ARISING FROM OR RELATING TO THIS AGREEMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD OR OTHER LEGAL THEORY) IS LIMITED TO THE AMOUNTS PAID BY YOU TO MICEPAD DURING THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE MICEPAD’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MICEPAD OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless Micepad, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Micepad does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Micepad and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Singapore. Both you and us agree to submit to the exclusive jurisdiction of the courts of Singapore as regards any dispute or matter arising under these Terms.
+65 6677 1533
110 Lorong 23 Geylang
Singapore, Singapore 388410