Terms & Conditions
Last Updated: 29 November 2020
If you are not eligible, or do not agree to these Terms, please do not use the Service.
You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us:
(i) that you are at least thirteen (13) years of age;
(ii) that you have not previously been suspended or removed from the Service; and
(iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such 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 can’t collect and use your Personal Data without their agreement.
2.Accounts and Registration.
To access most features of the Service to organise 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 e-mail 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.
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 <firstname.lastname@example.org>.
The survey organiser may request for your email address at the end of the survey. The purpose of the email address is to ensure that each response is unique. The organiser may notify you from time to time, during the survey to request for your re-participation due to new perspectives. The organiser may also send you a summary email to notify you on the results of the survey. At any one point, you may inform the organiser that you may not wish to receive any emails from the organiser.
Access to the Service, or to certain features of the 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 the Service or any feature of the Service, including by adding additional fees or charges, on a going-forward basis at any time. OPPI will charge the payment method you specify at the time of purchase. You authorize OPPI to charge all sums described herein to such 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.
4.1 User Content Generally. Certain features of the 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 the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the 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 another user of the Service, you hereby grant to other users of the Service a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
4.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing 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 the 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 right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right 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 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 the Service you will be exposed to User Content from a variety of sources and acknowledge that 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 User Content. We expressly disclaim any and all liability in connection with 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 the Service.
BY USING THE SERVICE YOU AGREE NOT TO:
5.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
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 the 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 the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
5.5 interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by
(i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code,
(ii) making unsolicited offers or advertisements to other users of the 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 the 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 the 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 right 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 the Service that enable you to export information, including User Content, to third party services such as Twitter or Facebook or to web sites. By using these tools, you agree that we may transfer such information to the applicable third-party service or web site. Such third party services and web sites are not under our control, and we are not responsible for their use of your exported information. The 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 the Service.
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, OPPI, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at email@example.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the 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.
8.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the 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 the 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 going-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 the 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; Proprietary Rights .
The Service is owned and operated by OPPI. The visual interfaces, application programming interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the 'Materials') provided by OPPI are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of OPPI or our third-party licensors. Except as expressly authorized by OPPI, you may not make use of the Materials. OPPI reserves all rights to the Materials not granted expressly in these Terms.
You agree that you will be responsible for your use of the 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, warranty, or agreements referenced herein, or any applicable law or regulation;
(iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or
(iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
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 EXPRESS OR IMPLIED. THE OPPI ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS 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 THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD 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, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE 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 DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE OPPI ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE 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 Law .
These Terms shall be governed by the laws of the 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 the Service from our offices in Singapore, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
15. General .
16 Dispute Resolution and Arbitration
16.1 Generally. 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 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 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; 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 favor, 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 Enforceability. 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 null and void and, in such case, 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.
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 <firstname.lastname@example.org>.