Terms of Use

Last Updated: 16 March 2022
‍
Welcome, and thank you for your interest in OPPi (‘OPPi', 'we,' or 'us') and our website (the 'Site'), as well as all related websites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site, our 'Service'). These Terms of Use are a legally binding contract between you and our site regarding your use of our Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY PROCEEDING TO PARTICIPATE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE OPPi PRIVACY POLICY (COLLECTIVELY, THESE 'TERMS').

If you are not eligible, or do not agree to these Terms, please do not use our Service.

These Terms of Use provide that all disputes between you and OPPi will be resolved by binding arbitration. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please review the arbitration agreement below for the details regarding your agreement to arbitrate any disputes with OPPi.

1. Eligibility
You must be at least 13 years of age to use our Service. By agreeing to these Terms, you represent and warrant to us:
(i) that you are at least 13 years of age;
(ii) that you have not been previously suspended or removed from our Service; and
(iii) that your registration and your use of our Service is in compliance with any and all applicable laws and regulations. If you are using our Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind your organization to these Terms, and that you agree to be bound by these Terms on behalf of your organization.

If you’re under the age of 13, we kindly ask you to wait to be a bit older to interact with us or ask a parent or guardian to contact us. We cannot collect and use your personal data without their agreement.

2. Accounts and registration

Survey organizers
To access most features of our Service to organize a survey, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your email address or other contact information).
‍
You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

You agree to safeguard any information that you have collected in accordance to our privacy policy.
‍
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at <dpo@oppi.live>.

Survey participants
The survey organizer may request for your email address at the end of the survey. The purpose of collecting your email address is to ensure that each response is unique. The organizer may notify you from time to time, during the survey to request for your re-participation due to new perspectives being added. The organizer may also send you a summary email to notify you on the results of the survey. At any point, you may inform the organizer that you do not wish to receive any emails from them. If you are referred from any Third Party Site, OPPI does not collect any of your information.

3. Payment
Access to our Service, or to certain features of our Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in either U.S. Dollars or Singapore Dollars and are non-refundable. OPPi may change the fees for our Service or any feature of our Service, including additional fees or charges, on a forward basis at any given time. OPPi will charge the payment method you specify at the time of purchase. You authorize OPPi to charge all sums described herein to your chosen payment method. If you pay any applicable fees with a credit card, OPPi may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4. User content
4.1 User content. Certain features of our Service may permit users to post content, including messages, questions, responses, data, text, and other types of works (collectively, 'User Content') and to publish User Content on our Service. You retain the copyright and any other proprietary rights that you may hold in the User Content that you post to our Service.

4.2 Limited license grant to OPPi. By posting or publishing User Content, you grant OPPi a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by OPPi may be without any compensation paid to you.

4.3 Limited license grant to other users. By posting User Content or sharing User Content with other users of the Service, you hereby grant to the other users of our Service a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of our Service.

4.4 User content representations and warranties. You are solely responsible for your User Content and the consequences of posting or publishing said User Content. By posting and publishing said User Content, you affirm, represent, and warrant that:

(i) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize OPPi and users of our Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by OPPi and these Terms; and

(ii) your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party rights, including any copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights; or (b) slander, defame, libel, or invade the rights of privacy, publicity or other property rights of any other person.

4.5 User content disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for such User Content. OPPi may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using our Service, you will be exposed to User Content from a variety of sources and acknowledge that this User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OPPi with respect to such User Content. We expressly disclaim any and all liability in connection with all User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, OPPi does not permit copyright-infringing activities on our Service.

5. Prohibited conduct
By using our Service, you agree not to:
5.1 use our Service for any illegal purposes, or in violation of any local, state, national, or international laws;

5.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

5.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

5.4 interfere with security-related features of our Service, including without limitation by
(i) disabling or circumventing features that prevent or limit use or copying of any content, or
(ii) reverse engineering or otherwise attempting to discover the source code of our Service or any part thereof except to the extent that such activity is expressly permitted by applicable laws;

5.5 interfere with the operation of the Service or any user's enjoyment of our Service, including without limitation by
(i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious codes,
(ii) making unsolicited offers or advertisements to other users of our Service,
(iii) attempting to collect, personal information about users or third parties without their consent; or
(iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide our Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

5.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing our Service accounts of others without permission, or falsifying your age or date of birth;

5.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 10 below) or any rights or ability to view, access, or use any Materials; or

5.8 attempt to do any of the foregoing in this Section 5, or assist or permit any persons in engaging in any of the activities described in this Section 5.

6. Third-party services and linked websites
OPPi may provide tools through our Service that enable you to export information, including User Content, to third-party services such as Twitter or Facebook or to other websites. By using these tools, you agree that we may transfer such information to the applicable third-party services or websites. Such third-party services and websites are not under our control, and we are not responsible for their use of your exported information. Our Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

7. Termination of use, discontinuation, and modification of our Service
If you violate any provision of these Terms, your permission to use our Service will terminate automatically. Additionally, OPPi, in its sole discretion may terminate your user account on our Service or suspend or terminate your access to our Service at any time, with or without notice. We also reserve the right to modify or discontinue our Service at any time (including, without limitation, by limiting or discontinuing certain features of our Service) without notice to you. We will have no liability whatsoever on account of any change to our Service or any suspension or termination of your access to or use of our Service. You may terminate your account at any time by contacting customer service at <hello@oppi.live>. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of our Service incurred prior to termination. To the extent permitted by applicable laws and regulations, no unused portions of pre-paid fees will be refunded following termination.

8. Privacy Policy and Additional Terms
8.1 Privacy Policy. Please read the OPPi Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Policy is hereby incorporated by reference into, and made a part of, these Terms.

8.2 Additional Terms. Your use of our Service is subject to any and all additional terms, policies, rules, or guidelines applicable to our Service or certain features of our Service that we may post on or link to on our Service (the 'Additional Terms'), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on our Service, subject to Section 9 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

9. Modification of these Terms
We reserve the right, at our discretion, to change these Terms on a forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use our Service. Material modifications are effective upon your acceptance of such modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.

10. Ownership and proprietary rights
This Service is owned and operated by OPPi. The visual interfaces, application programming interfaces, graphics, design, compilation, information, data, computer codes (including source codes or object codes), products, software, services, and all other elements of our Service (the 'Materials') provided by OPPi are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in our Service are the property of OPPi or our third-party licensors. Except as expressly authorised by OPPi, you may not make use of the Materials. OPPi reserves all rights to the Materials not granted expressly in these Terms.

11. Indemnity
You agree that you will be responsible for your use of our Service, and you agree to defend, indemnify, and hold harmless OPPi and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the 'OPPi Entities') from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with
(i) your access to, use of, or alleged use of the Service;
(ii) your violation of these Terms or any representation, warranties, or agreements referenced herein, or any applicable laws or regulations;
(iii) your violation of any third-party rights, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights; or
(iv) any disputes or issues between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matters), and in such cases, you agree to cooperate with our defence of such claims.

12. Disclaimers
No warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED 'AS IS' AND ON AN 'AS AVAILABLE' BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE OPPI ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE OPPI ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE OPPI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE AND YOUR USE, ACCESS, DOWNLOADING, OR OTHERWISE OBTAINING MATERIALS OR CONTENT THROUGH OUR SERVICE AND ANY ASSOCIATED SITES OR SERVICES WILL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH OUR SERVICE) OR LOSS OF DATA THAT MIGHT RESULT FROM THE USE OF OUR SERVICE OR THE DOWNLOADING OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

13. Limitation of liability
IN NO EVENT WILL THE OPPI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICE OR ANY MATERIALS OR CONTENT ON OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE OPPI ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE OPPI ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE OUR SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF
(i) THE AMOUNTS YOU HAVE PAID TO OPPI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR
(ii) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Governing laws
These Terms shall be governed by the laws of Singapore without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and OPPi agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore for the purpose of litigating all such disputes. We operate our Service from our offices in Singapore, and we make no representation that Materials included in our Service are appropriate or available for use in other locations.

15. General
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and OPPi regarding your use of and access to our Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 1, 3, and 12 through 17.

16. Dispute resolution and arbitration
16.1 General. In the interest of resolving disputes between you and OPPi in the most expedient and cost effective manner, you and OPPi agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to a very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OPPI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.2 Exceptions. Notwithstanding subsection 16.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to
(i) bring an individual action in a small claims court,
(ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available,
(iii) seek injunctive relief in a court of law, or
(iv) to file suit in a court of law to address intellectual property infringement claims.

16.3 Arbitrator. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, 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 3 arbitrators. The language of the arbitration shall be English.

16.4 Notice and process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ('Notice'). The address of OPPi for Notice is: Beknown Pte Ltd 410 North Bridge Road, Singapore 188692. The Notice must
(i) describe the nature and basis of the claim or dispute; and
(ii) set forth the specific relief sought ('Demand'). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or OPPi may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or OPPi shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favour, OPPi shall pay you
(i) the amount awarded by the arbitrator, if any,
(ii) the last written settlement amount offered by OPPi in settlement of the dispute prior to the arbitrator's award; or
(iii) $1,000.00, whichever is greater.

16.5 No Class Actions. YOU AND OPPI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OPPI agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

16.6 Modifications. In the event that OPPi makes any future change to this arbitration provision (other than a change to the address of OPPi for Notice), you may reject any such change by sending us written notice within 30 days of the change to the address of OPPi for Notice, in which case your account with OPPI shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

16.7 Enforcement. If Subsection 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 shall be nullified and voided and, in such cases, the parties agree that the exclusive jurisdiction and venue described in Section 14 shall govern any action arising out of or related to these Terms.

16.8 Consent to electronic communications. By using our Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

17. Contact information
The services hereunder are offered by OPPi is located at 71 Lorong 23 Geylang Singapore 388386. You may contact us by sending correspondence to the foregoing address or by emailing us at <hello@oppi.live>.