Website Terms of Use
Last updated: 28 November 2022MINSTANT’s Website is owned and operated by MINSTANT PTE. LTD. (we, our or us)
- 1. By accessing or using our Website you accept these terms and conditions and agree to comply with them.
- 1.1 If you do not agree to these terms and conditions, please do not use our Website
- 1.2 We recommend that you save a copy of these terms and conditions for future reference.
- 2. There are other terms that may apply to you
These terms and conditions refer to the following additional terms, which apply to your use of our Website:
Our Privacy Policy at https://www.minstant.app/privacy
- 3. We may make changes to these terms and conditions
- 3.1 We may amend these terms and conditions from time to time. We recommend checking these terms and conditions each time you visit our Website to ensure that you understand the terms and conditions which apply at the relevant time.
- 3.2 Your continued use of our Website constitutes your acknowledgement and acceptance of such changes to the terms and conditions, if any.
- 4. We may modify, suspend or withdraw our Website
- 4.1 We reserve the right to update or modify our Website from time to time at our sole discretion. We do not guarantee that our Website, or any content on it, will always be available for use or be accessible without interruption. We may suspend, withdraw or restrict the availability of all or any part of our Website at any time without providing any reasons prior to such action
- 4.2 You are responsible for ensuring that all persons who access our Website through your Internet connection are aware of these terms and conditions and any other applicable terms, and that they comply with them.
- 5. Access to our Website
- 5.1 You hereby irrevocably consent and agree to comply with any and all terms, guidelines, notices, policies, and instructions pertaining to the use and/or access of our Website, as well as any amendments to the aforementioned, issued by us, from time to time.
- 5.2 You hereby irrevocably acknowledge and agree that to access and use of certain services on our Website, including but not limited to the usage of our mobile application (Application), require registration and you shall additionally be bound to strictly comply with any other terms and conditions (where applicable) in addition to these terms.
- 5.3 You may not adapt or circumvent the systems in place in connection with our Website, nor access our Website other than through normal operations.
- 5.4 You hereby irrevocably consent and agree that failure to comply with these terms and conditions may result in our taking of actions we reasonably deem appropriate, including any or all of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our Website;
(b) issue of a warning to you;
(c) legal proceedings against you and reimbursement of all of our costs (including, but not limited to, reasonable administrative and legal costs) resulting from your actions;
(d) further legal action against you; and/or
(e) disclosure of such information to law enforcement authorities as required by law or as we reasonably deem fit
- 5.5 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
- 6. Intellectual Property & Confidentiality
- 6.1 The names, trademarks, service marks, button icons, and logos (Trade Marks) which appear on our Website are registered or unregistered trade marks of MINSTANT PTE. LTD., its affiliates or licensors. Nothing stated herein should be construed as granting, indirectly, by estoppel, or otherwise, any license or right to use the Trade Marks, and the like appearing on our Website, without MINSTANT PTE. LTD.’s prior written consent.
- 6.2 All content and materials on our Website, such as graphics, user interfaces, visual interfaces, photographs, Trade Marks, logos, videos, images, sounds, applications, programs, software, computer code and other information, as well as the collection, arrangement, layout, design, and assembly of all content on our Website (Compilation) is provided by and exclusively belongs to MINSTANT PTE. LTD. and is protected by copyrights and other Intellectual Property rights. You may only download or print or otherwise use our Website’s Content and Compilation for personal non-commercial, non-transferable, temporary use only.
- 6.3 You may not use our Website's Content or Compilation in any manner that defames, disparages or discredits MINSTANT PTE. LTD. or any other person or entity, or in any way that is likely to cause confusion or violation of any applicable laws or regulations.
- 6.4 You may not use, reproduce, copy, modify, translate, transmit, upload, post, display, publish, republish, sell, license, publicly perform, distribute or commercially exploit any of the Content and Compilation or otherwise dispose of any of the Content and Compilation in a way not permitted by MINSTANT PTE. LTD., without the MINSTANT PTE. LTD.’s express prior written consent.
- 6.5 You may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code and technology that operates our Website or create derivative works based thereon.
- 6.6 MINSTANT PTE. LTD. recognises and respects intellectual property. As such, any usage of brand names, trademarks, logos, company names, or other names or pictures, titles or texts within our Website, which are not connected and/or produced by MINSTANT PTE. LTD., are the property of the respective copyright or trademark holders. The rights of these third parties are strictly reserved.
- 6.7 The use of data mining, robots, or similar data gathering and extraction tools on our Website as well as the use of MINSTANT PTE. LTD.’s Trademarks in meta-tags is strictly prohibited. You may view and use the Content and Compilation only for your personal use and information and for performing the act the Website was designed for.
- 6.8 You undertake to fully respect MINSTANT PTE. LTD.’s Intellectual Property rights, including but not limited to its patents, Trademarks, designs, copyrights, goodwill, and any other registered or unregistered right now existing or later developed in any jurisdiction.
- 7 Disclaimer of liability
- 7.1 The Content and Compilation of this Website are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, MINSTANT PTE. LTD. does not warrant and hereby disclaim any warranty
(a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Content and Compilation of this Website; and
(b) that the Content and Compilation available through this Website or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Website and the server will be free of all bugs, viruses and/or other harmful elements.
- 7.2 To the fullest extent permitted by law, we shall not be liable for any damage or loss of any kind, howsoever caused as a result (indirect or direct) of the use of this Website, including but not limited to any damage or loss suffered as a result of reliance on the Content and Compilation contained or available from this Website.
- 7.3 The Content and Compilation of this Website do not constitute any form of financial, legal or other professional advice. If you require financial, legal or other professional advice, you should seek your own professional advice from a competent professional.
- 7.4 You are responsible for configuring your information technology, computer programmes and platform to access our Website. It is advisable that you should use your own virus protection software.
- 7.5 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
- 8. You must keep your account details safe
- 8.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- 8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by use, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms and conditions.
- 8.3 If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at support@minstant.app.
- 9. We are not responsible for websites we link to
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources. We do not obtain any monetary benefit from third parties when you click on such links. When you click on a third party link, you will leave our Website. Any personal data you submit on the resulting site will not be collected or controlled by us but will be subject to the privacy policy or terms of use of the resulting site.
- 10. We are not responsible for third party content
Our Website may contain third party content, including but not limited to, the content of advertisements posted by third parties or applications posted by third parties and content accessed through such applications. You agree that we shall not be responsible or liable for any third party content on our Website or your access or use of any third party content on our Website.
- 11. Rules about linking to our site
11.1 You may not establish a link to the home page or to any other page on our Website without our express written consent. Even if consent is provided, you may only establish a link to the home page or to any other page on our Website in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 You must not establish a link to our Website in any website that is not owned by you.
11.4 We reserve the right to withdraw linking permission without notice.
11.5 If you wish to link or make any use any Content or Compilation on our Website other than that set out above, please contact support@minstant.app
- 12. Governing law
12.1 These terms and conditions shall be governed and construed in accordance with the laws of Singapore.
12.2 In the event of any dispute arising out of or in connection with these terms and conditions, including any question regarding its existence, validity or termination, you may give us written notice of such a dispute and we shall endeavour to resolve it by amicable negotiation within 30 days.
12.3 If the dispute fails to be amicably resolved by way of negotiation within 30 days of the notice provided above, the dispute shall be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
12.4 If the dispute fails to be resolved by mediation within 120 days from the date of the request to mediate, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of 1 arbitrator.
The language of the arbitration shall be English.
These terms and conditions are governed by the laws of Singapore.
- 13. Confidentiality
13.1 You hereby irrevocably acknowledge and agree that any oral or written information exchanged between us in connection with the Website are regarded as confidential information. Each party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other party, it shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is already in the public domain (other than through the receiving party’s unauthorised disclosure); or (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, or orders of the court or other government authorities. This section shall survive the termination of these terms and conditions for any reason.
- 14. Termination
14.1 Notwithstanding whatever may be provided herein to the contrary, we have the right to terminate the terms and conditions at any time, without notice and without payment of any penalty, at our sole discretion.
- 15. Amendment
15.1 Notwithstanding whatever may be provided herein to the contrary, we have the right to add and/or amend from time to time the terms and conditions, without notice, at our sole discretion, and provided that such new and/or amended terms and conditions shall be published on our Website.
- 16. Limitation of Liability
16.1 We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on our Website or other Content or Compilation accessible from our Website.
16.2 In no event shall we 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 the Website, delays, inaccuracies or errors in the information or in the transmission of the Website, or any information or transactions provided on or over the Website or downloaded or hyperlinked from the Website, or performance of the contents on this Website, even if we have been advised of the possibility of such damages.
16.3 If you are dissatisfied with any portion of our Website, or with any of the terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
- 17. Remedies
17.1 Any remedy or right conferred upon us for breach of these terms and conditions will be in addition to and without prejudice to all other rights and remedies available to us by law.
17.2 Any waiver of any breach of these terms and conditions shall not be deemed to apply to any succeeding breach of the provision or of any other provision of this Terms of Service. No failure to exercise and no delay in exercising on the part of any of the Parties any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
- 18. Severability
18.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the legality, validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
- 19. No Third Party Rights
19.1 A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms and Conditions, and the application of the Contracts (Rights of Third Parties) Act is expressly excluded.
- 20. Entire Agreement
20.1 You hereby irrevocably consent and agree that these terms and conditions constitute the entire agreement between us relating to the subject matter herein and supersedes all previous agreements, understandings and arrangements between us, whether in writing or oral in respect of its subject matter.
20.2 You hereby irrevocably acknowledge and agree that you have not entered into this these terms and conditions in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out herein. You shall have any claim for innocent or negligent misrepresentation on the basis of any statement these terms and conditions.
20.3 Nothing in these terms and conditions purports to limit or exclude any liability for fraud.
- 21. Contact and Notices
21.1 Notices under these terms and conditions shall be in writing by email to the recipient's registered email address as per the registration record kept by us. Notices shall be deemed received on the date they were sent by email.
21.2 If you wish to send in a request, have any questions or need assistance in using the Website, please contact us at support@minstant.app