These terms and conditions (“Terms”) describe the terms under which Qapita Fintech Pte. Ltd. or any of its Affiliates (“Qapita” “Us”, “We”, “Our”) provides to Users who create an account with Us (“You”, “Your”), access and use of Our Services.
You and Us are individually referred to as “Party” and collectively as “Parties”.
1. GRANT OF RIGHTS
In furtherance to the Customer being granted a right to access and use the Services in accordance with the Terms of Service, a limited, non-exclusive and revocable right to use and access the Services under the Customer Account is extended to You, as the Customer’s User, for the Customer’s internal business purposes, solely during the Term (defined below), in accordance with these Terms. You and the Customer shall be, jointly and severally, liable for any breach of these Terms.
2. AUTHORIZATION TO PROCESS PERSONAL DATA
By accepting these Terms, You authorize the Data Controller to transmit Your Personal Data to Us to Process such Personal Data on behalf of the Data Controller for the purpose of obtaining Services.
3.1. Acceptable Use: Depending upon Your level of access, We may allow You to use or access the Services solely for the purpose of these Terms. You agree not to (a) distribute, license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party; (b) modify, adapt, decompile, disassemble, reverse engineer or hack the Services or attempt to reconstruct or discover any source code, underlying ideas, algorithms or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks; (c) alter, remove any product identification, proprietary, copyright trademark, service mark, or other notices contained in the Services; (d) use the Services to develop, market or sell a product that is functionally compatible with or competitive to the Services ; (e) transmit through Services any material that contains software viruses or any other computer codes, files programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; (f) use the Services to store or transmit any content that infringes upon any person’s intellectual property or proprietary rights, violates applicable law, including privacy and data protection laws, is racist, hateful, abusive, libelous, obscene, or discriminatory; (g) violate any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Qapita; (h)“crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services (through use of manual or automated means); (i) use the Documentation except for supporting use of the Services; (j) disrupt the integrity or performance of the Services; and (k) disclose the results of any benchmarking of the Services (whether or not the results were obtained with assistance from Us) to any third party.
3.2. User Registration: If You choose or are provided with a user identification code, login, password or any other piece of information as a part of security procedures for the creation of a User account and access to the Services (“Your Account”), You shall not disclose it to any third party. You agree to immediately notify us of any unauthorized use of which You become aware. Any information You provide Us to enable the creation of Your Account must be accurate updated and complete. We have the right to disable Your identification code or password, whether chosen by You or allocated by Us to You, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions under these Terms. We will not be responsible for any activities, including any attempted or actual access or loss of data occurring under Your account as a result of non-compliance of Your obligations under this clause.
3.3. You acknowledge and agree that you are responsible for all activity occurring under Your Account. You shall be responsible for the acts or omissions of an individual or third-party to whom You permit access to the Services through Your login ID.
3.4. You may access and use the Services only on the devices which You access, own or control in accordance with the terms and conditions of this Terms.
3.5. You acknowledge and agree that We take no responsibility and assume no liability for any content that You post or upload on the Services (“User Content”). You understand and agree that any loss or damage of any kind that occurs to the User Content that You send, upload, download, post, transmit, display, or otherwise make available or access through use of the Services, is solely Your responsibility.
3.6. You agree that under no circumstances that We or Our Affiliates shall be held responsible or liable for any loss, damage or harm caused by relying on information obtained from the Services.
You shall indemnify and hold harmless Us, Our Affiliates and Our respective officers, directors, employees and agents from and against all claims, damages, losses and expenses (including reasonable attorneys’ fees) arising out of any claim arising from a breach of Your obligations under these Terms.
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings: