Terms & Conditions
1. These terms
(1.2) By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor or customer of our clients. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2. About us and how to contact us
(2.1) We are Suntoyo Technology Pte. Ltd., a company registered in Singapore, trading as Suntoyo. Our Unique Entity Number is 198204281M.
(2.2) For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us at:
(2.3) Singapore (HQ)
Telephone: +(65) 9237 3211
(2.4) As part of providing the Platform, we may need to provide you with certain communications, such as service announcements and administrative messages. If you wish to opt out from receiving such communications, which may affect your use of our Platform, please opt out on the opt out links provided in our messages (if any), or contact our customer service team at [email@example.com].
(2.5) If we have to contact you, we will write to you at the email address provided to us.
(2.6) Where the words “write” “writing” or “written” are being used in these terms, it includes emails.
3. Changes of terms
We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, there will be a reasonable period before such changes become effective. Your continued use of our Platform and our services after the changes come into effect shall mean that you agree to be bound by the revised policy.
4. Availability of our services
(4.1) We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.
(4.2) We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You acknowledge that these beta services may not be as reliable as other products or services we offer.
(4.3)We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
(4.4) We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
(4.5) You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5. Your account and password
(5.1) If you are our customer and are registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
(5.2) You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
(5.3) We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
(5.4) You agree to follow our Acceptable Use Policy, which is set out at Appendix 1 of these terms.
(5.5) You are responsible for all actions or activities that happen by, through or under your account, unless you report misuse.
6. Use of the platform
(6.1) You must comply with the Acceptable Use Policy which is set out at Appendix 1 of these terms and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
(6.2) Subject to your payment of applicable fees (if relevant), we grant you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sub licensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us for your analytics, inventory, point of sale processing needs, or online ordering system needs, and in the manner as permitted by these terms.
(6.3) This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
(6.4)You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
7. Your rights
(7.2) You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
(7.3) You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
(7.4) If you believe your intellectual property rights have been infringed, please contact us by email us at firstname.lastname@example.org or call our customer service team at +(65) 9237 3211.
8. Our rights
(8.1) All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
(8.2) We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
(8.3) Our name “Suntoyo Technology Pte. Ltd.” and our marks and logos are our trade marks (including the “Suntoyo” mark) (be they registered or unregistered) and may not be used without our express prior written consent.
(9.1) We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
(9.2) You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
10. Limitation on liabilities
(10.1) Some countries or jurisdictions may not allow one or more of the disclaimers in this clause, in which case the relevant disclaimer concerned will not apply to you.
(10.2) To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
(a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors;
(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform or by our customers (whether online or offline);
(g) we are not responsible for any decisions you make based on the use of our Platform and / or the information, recommendations, products or services on our Platform;
(h) we are not responsible for any representations or warranties made by any third party with regard to our services; and
(i) we are not responsible for any decisions made or actions taken by any third party as a result of your use of the Platform, including the denial of any benefit or incentive, whether or not these decisions or actions are taken as a result of an error or omission in, or disruption of, the Platform.
(10.3) To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform or any products or services we offer.
(10.4) We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
(10.5) If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
(10.6) Other than the types of liabilities that we cannot limit by law, if you are our customer, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
11. USE OUR PLATFORM AT YOUR OWN RISK
(11.1) We make no endorsement, representation, or warranty of any kind about any contents of our Platform.
12. Your representation
(12.1) Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
(13.1) You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (i) your use of our Platform and/or (iii) any misrepresentation made by you.
(13.2) You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
14. Third Party Services
(14.2) Any use by you of Third Party Services offered through our Platform is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
(14.3) We do not provide any warranties with respect to Third Party Services or with any content third parties may place on our Platform. You acknowledge that we have no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on our Platform, or the integration or enabling of such Third Party Services on our Platform does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by us.
(14.4) If you install or enable a Third Party Service for use with our Platform, you grant us permission to allow the applicable Third Party Service provider to access your data and to take any other actions as required by the Third Party Service to be used with our Platform, and any exchange of data or other interaction between you and the Third Party Service provider is solely between you and such Third Party Service provider. We are not responsible for any disclosure, modification or deletion of your data, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Service provider to your data.
(14.5) Under no circumstances shall we be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or other damages whatsoever that result due to your use of Third Party Services or your contractual relationship with any Third Party Services provider. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
(14.6) You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from any claim or demand, arising out of your use of a Third Party Service.
These terms will continue to apply until terminated by either you or us as follows:
(15.1) You may stop using the Platform at any time by deactivating your account (if relevant) or by terminating our contractual relationship (if you are our customer).
(15.2) We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment contemplated in these terms) which you fail to remedy (if remediable) within fourteen (14) days after notifying you to do so;
(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes;
(d) if you breach the terms of the Acceptable Use Policy; or
(e) our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
(15.3) Upon termination of your access, these terms will also terminate except for Clauses 10 to 19.
(15.4) Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
16. Entire agreement
(16.1) These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
(16.2) You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
17. Other important terms
(17.1) We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
(17.2)You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
(17.3) No third party shall be able to enforce these Terms.
(17.4) If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
(17.5) No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
(18.1) These terms are governed by and shall be construed in accordance with the laws of the Republic of Singapore.
(18.2) The courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
Acceptable Use Policy
(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or Information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(m) abuse referrals or promotions;
(n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(o) submit purposefully inaccurate information, commit fraud, or falsify information;
(q) violate applicable laws or regulations in any way; or
(r) violate the privacy or infringe the rights of other users.