Terms of use

Date effective: Oct 29, 2020

Please read this entire agreement carefully. These are the Terms governing your use of Empower Tech services, the website, and the app (collectively, “Site”). This Site is owned and operated by Empower Tech Pte. Ltd. Empower Tech reserves all rights in respect of this Site, including any rights not explicitly granted in these Terms of Use.

This Agreement sets forth the Terms of Use governing your use of this Site and your access to and use of the information, content and services offered on this Site. By accessing or using this Site or any of the services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules and/or policies of Empower Tech and the services that may be published by Empower Tech on this Site. All these rules and policies are incorporated into this Agreement by this reference.

The services are intended for use only by individuals and legal entities that can form legally binding contracts under applicable law. By using any of the services, you expressly represent that you are an individual with the capacity under applicable law to enter into a legally binding contract.

Empower Tech reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the services. Such updates, revisions, supplements, modifications, and additional rules and policies shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site or the websites of Empower Tech related or affiliated entities. Your continued use of this Site following such notice shall be deemed to indicate your acceptance of any and all such additional terms. All additional terms are hereby incorporated into this Agreement by this reference.

Empower Tech reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the services, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that neither Empower Tech, its partners nor affiliates shall be liable to you for any modification, general suspension or discontinuance of any services. Empower Tech may, in its sole discretion, refuse or restrict anyone from access to any or all of the services at any time.

YOUR OBLIGATIONS

Registration Information

You must register in order to use our Site. You agree to: (i) provide current, complete, not misleading, true and accurate information as required to complete the registration form and at other points as may be required in the course of your using the services; and (ii) maintain and update this information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. If Empower Tech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Empower Tech has the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. Furthermore, you grant Empower Tech the right to use your registration and other data and information for the purposes described in this Agreement and in furtherance of your use of the services.

As a registered user, you will receive or establish one or more passwords and accounts. Maintaining the confidentiality and security of your password and account is solely your responsibility. Do not divulge your password to anyone else, and do not use anyone else's password or account. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that Empower Tech will not be responsible for any losses incurred in connection with any misuse of passwords, and you further agree that we will have no responsibility whatsoever for your failure to comply with these provisions. If Empower Tech has reasonable grounds to suspect that the security of your password has been compromised, Empower Tech has the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. Please refer to our Privacy Policy for additional information.

Payment Obligations

The Service is provided based on the Subscription chosen by you.

Payment for the subscription fees will be due annually or in accordance with the details set out in your individual Plan. Empower Tech will continue invoicing you in accordance with the Plan until it is duly terminated in accordance with the termination rules set forth in each Plan.

You are responsible for all payments inclusive of all taxes and duties.

You may terminate your Subscription to the Plan in accordance with the terms and conditions set forth therein.

Usage

You must only use the Site for lawful purposes, in accordance with these Terms of Use and any notice sent by Empower Tech or condition posted on the Site.

COPYRIGHT AND CONTENT

The Site and all content and other materials, including, without limitation, the Empower Tech logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof, unless otherwise specified, are the proprietary property of Empower Tech or its licensors or users and are protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Use and does not include: (i) any resale or commercial use of our Site or the Site materials therein; (ii) the collection and use of any services listings, pictures or descriptions for commercial purposes; (iii) the distribution, public performance or public display of any Site materials, (iv) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (v) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of our Site, the Site materials or any information contained therein, except as expressly permitted on our Site; (vii) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (viii) use of our web Sites in any way which interferes with the normal operation of our Sites; or (ix) any use of our Site or the Site materials other than for its intended purpose.

Any use of our Site or the Site materials other than as specifically authorized herein, without the prior written permission of Empower Tech, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Copyright (Network Service Provider) Regulations

In accordance with Regulation 5 of the Copyright (Network Service Provider) Regulations (Cap. 63, Rg. 7), the designated representative for the Site is:

Vineet Kothari
Empower Tech Pte. Ltd.
30 Cecil Street, #19-08 Prudential Tower, Singapore 049712
+65 9336 4271

THIRD PARTY CONTENT

When using the Site, you may be exposed to Content generated by other Users on the Site (“Third Party Content”) that may be inaccurate, indecent, or offensive. Empower Tech is not responsible for the accuracy, usefulness, or Intellectual Property Rights related to Third Party Content. You hereby waive any right or remedy whether in law or equity you may have against Empower Tech with respect to Third Party Content.

Empower Tech may provide links to web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Empower Tech does not monitor or have any control over any Third Party Content or third party Sites. Empower Tech does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Empower Tech does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Empower Tech may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Empower Tech, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Empower Tech is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- Empower Tech advertisers on our Site.

ACCURACY

Empower Tech makes every attempt to ensure that the information on our Site is as accurate and complete as possible and from time to time the Site may contain errors and may not be complete or current. Empower Tech therefore reserves the right to correct any errors or omissions and to change or update information at any time without prior notice.

AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services thereon a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

USER CONTENT

Empower Tech may permit you to post, upload, transmit through or otherwise provide through our Site messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information and/or other content. You agree not to submit any content that infringes any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right. You are solely liable for any damage resulting from your infringement or from any other harm resulting from your content. Furthermore, you represent and warrant that your content will reflect opinions genuinely held by you, and comply with all applicable laws; will be truthful, non-misleading and non-deceptive; will not contain any material which is tortious, defamatory, obscene, offensive, hateful or inflammatory; will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; does not breach any legal duty you owe to a third party; will not be threatening, abuse or invade another's privacy, or provided with an intent to harass, upset or embarrass any other person; will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your content comes from someone else; or will not advocate, promote or assist any unlawful act. Empower Tech reserves the right but not the obligation to monitor, edit or remove any content for violation of the letter or spirit of these terms, or for any other reason.

By submitting content to Empower Tech, you automatically grant, or warrant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon, publicly display/perform, transmit and publish the content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to any rights with respect to the content.

Empower Tech may establish general practices and limits with respect to use of the Site, including storage capacity, postings, or other uploaded Content that will be retained by the Site, the maximum disk space that will be allotted on Empower Tech’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time.

Empower Tech has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You further acknowledge that Empower Tech may change these general practices and limits at any time, in its sole discretion without notice.

ADDITIONAL APP TERMS

If you download the App from any App Store then, without derogating from the warranty disclaimers and limitation of liability as set forth in these Terms, you acknowledge and agree that: (i) these Terms are applied between Empower Tech and you only, and not with the App Store, and Empower Tech licensors, and not the App Store, are solely responsible for the App and the content thereof; (ii) your use of the App is also subject to the Usage Rules established by the App Store, including those set forth in the applicable Terms of Service, effective as of the date that you enter into these Terms; (iii) the Subscription granted herein is limited to a non-transferable right to use the App; (iv) Empower Tech is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law; and (v) Empower Tech is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

WARRANTIES

Except as expressly provided to the contrary in writing by Empower Tech, this Site, the content contained therein and the products and services provided on or in connection therewith are provided on an “as-is” basis without warranties of any kind, either express or implied. Empower Tech disclaims all other warranties of any kind, either express or implied. Empower Tech disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our Site. Empower Tech does not represent or warrant that materials in our Site or the services are accurate, complete, reliable, current, or error-free. Empower Tech does not represent or warrant that our Site or its servers are free of viruses or other harmful components.

LIMITATION OF LIABILITY

In no event shall Empower Tech, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss or profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise arising out of or in any way connected with the use of our Site, the products and services, or the content contained in or accessed through our Site, including without limitation any damages caused by our resulting from reliance by the user on any information obtained from Empower Tech, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications, failure, theft, destruction or unauthorized access to Empower Tech’s records, programs or services, or accidents or harm arising from your possession or use of the Services.

APPLICABLE LAW AND VENUE

These Terms of Use and your use of this Site will be governed by and construed in accordance with the laws of the Republic of Singapore without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the courts located in the Republic of Singapore, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this Site, any purchase from this Site, or these Terms of Use.

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.