Last Revised: 21 September, 2016
Welcome to Iapps2u’s Website! Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are meant to protect both you and us. Our objective is always to provide a useful service for everyone but you have to understand the rules, limitations, scope and the possibilities. Hence, please read carefully.
If you have any queries, you are more than welcome to contact us.
Iapps2u is a service enabled by Passion Digital (S) Pte Ltd. Iapps2u is a digital business card building platform powered by WordPress Content Management System (CMS) and its supported plugins to deliver the functionalities made available in Iapps2u. Each digital business card is in effect a WordPress website equipped with communication capabilities.
1.1. Our Purpose
Our services are designed to allow individuals and businesses to easily create their online presence, promote their branding through social share, grow their sales through better engagement and communication with their site visitors and enabling analytics for them to improve their business, without having to invest much time and resources on technical know-how. We aim to make the digital business card equipped with the necessary communication and customer handling functions easily and instantaneously available to users through a simple sign-up process. This will allow users more time and resource to focus on selling their products and managing their business. We will be constantly on the look out for new technologies, test and deploy them on Iapps2u platform so users need not worry about keeping up with evolving technologies and yet can readily leverage on new and proven technologies to give their business a competitive edge.
1.2. Legal Agreement
The Iapps2u Terms constitute a binding and enforceable legal contract between Passion Digital (S) Pte Ltd. and its affiliated companies and subsidiaries worldwide (“Iapps2u”, “us” or “we”) and you – so please read them carefully.
1.3 User Account and User Site
In order to create an Iapps2u digital business card, you must first register and create an account (User Account) with Iapps2u with the selection of ‘Gimme a site’ (User Site). A User Site therefore refers to a user’s Iapps2u business card. After you have successfully signed up for a User Site, you will receive the login password for your User Site for you to upload your contents (User Content) onto the User Site (Iapps2u business card).
If you did not select ‘Gimme a site’ during the sign up process, you will not be given a digital business card. However, you will still have a User Account that enables you to post comments on Iapps2u website and participate in Iapps2u forums and social groups, if any.
Iapps2u is designed with the objective of creating digital business card. Just as you would print your real names and contact information on your business card, we need your help to do the same for your Iapps2u digital business card. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Iapps2u, or create an account for anyone other than yourself without permission.
- You will keep your contact information accurate and up-to-date.
- You will update your registered email address in the event of any change as we will use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
If anyone other than yourself accesses your User Account and/or any of your User Site’s settings, they may perform any actions available to you (unless as specifically stated otherwise on the Iapps2u Services), make changes to your User Site(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly urge you to keep the log-in credentials of your User Account confidential, and not allow such access to anyone as you will be solely and fully responsible for all activities that occur under your User Account and/or User Site(s) (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
We reserve the right to determine and/or grant ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.
Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be “your” User Account and/or User Website remains as such:
- The owner of a User Account, User Site and/or User Content created and/or uploaded to the Iapps2u Services, may be considered to be the person or entity who has access to the e-mail address then listed in Iapps2u’s records for such User Account under which such User Site or User Content has been created.
- If any Paid Services (as defined in Section 5 below) were procured via the User Account, the owner of such User Account, or any User Site and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services. Notwithstanding the foregoing, if a User Site was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website, the owner of such User Site may be determined to be the person or entity registered as the owner of such domain thereunder. In the event that both an individual and an organization are registered as the owner of such domain, we will consider the organization as the actual owner of the domain, and therefore as the owner of the User Site connected to such domain.
2. User Sites
These types of sites are not allowed on Iapps2u:
1. Terrorism: a site that is used to solicit membership for terrorism or provide information that supports terrorism activities
2. Criticism of Religion: containing quotes, blogs, images, videos or any form of contents that criticises any religion
3. Criticism of government: containing quotes, blogs, images, videos or any form of contents that criticises any government
4. Adult: involving nudity in a sexual context, exposed genitalia or adult themes
5. Copyrighted Content: music, movies or games that you do not own the rights to
6. Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook “likes”, advertisements clicks, etc
7. Phishing: a site meant to trick users into providing their username and password
8. Illegal Content: content which may be illegal in Singapore or under the laws of other countries
9. Scams: get rich quick, pyramid/Multi-Layer-Marketing, or other dubious schemes
10.Illegal/Inappropriate Products: a site that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons, or for
11.Commercial Sex: a site use to solicit customers for prostitution, or pimping purpose or any form of commercial sex activities.
12.Abusive: containing contents of any form that bully, intimidate or harass a person.
This list is a quick reference and is not meant to be complete. Iapps2u reserves the right to suspend and remove any such User Sites.
3. Sharing Your Content and Information
Iapps2u is designed to be a digital business card equipped with one-click sharing via Whatsapps, SMS, email and other social media platforms. It is designed with the objective to let a brand achiever easy viral effect and the sharing capabilities are enabled by default. There are no available privacy settings where you set what contents are not meant for public viewing. You should be aware that all information uploaded onto Iapps2u are meant for public viewing and sharing. It should be information that you would place on your printed business card, your product brochures and flyers, or information you would place on a Classified Advertisements or Yellow Pages listings. Do not place any information that is meant for only private viewing.
When you publish content or information on Iapps2u, it means that you are allowing everyone, including people who had not users of Iapps2u, to access, share and use that information, and to associate it with you (i.e., your name and profile picture).
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Iapps2u (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
You own all of the content and information (User Content) you upload on Iapps2u digital business card (User Site).
4. Safety and Security:
We do our best to keep Iapps2u safe and secure, but we cannot guarantee it. We need your help to keep Iapps2u safe and secure and agree to all of the below commitments.
5. Your Obligations
5.1 You represent and warrant that:
- You will not use Iapps2u to promote or provide instructional information about illegal activities, terrorist activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- You will not upload software viruses and other malicious code.
- You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge company headers, logos or otherwise manipulate identifiers in order to disguise the origin of any Content;
- You will not solicit login information or access an account belonging to someone else.
- You will not use Iapps2u to do anything unlawful, misleading, malicious, or discriminatory. You will not intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations.
- You are solely responsible for obtaining all necessary license and pay all license fees required by law, and for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
- Note: If you publish an average of one article per week on Singapore’s news and current affairs over a period of two months and have at least 50,000 unique visitors from Singapore each month over a period of two months, you are required under Singapore law to apply for a licence and to have your licence renewed yearly and also put up a performance bond.
- If you are using Iapps2u User Site in Singapore, you are to take all the necessary actions to comply with the Personal Data Protection Act (PDPA).
- You will not upload, post, transmit or otherwise make available any Content that:
- harm minors in any way;
- is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic, or reveals exposed genitalia; or gratuitous violence.
- stalk, bully, intimidate or otherwise harass another;
- contain criticism on any race, ethnic group, religion or political party or government, or any of their members or leaders.
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
- is unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as sending mass email to recipients who haven’t requested email from you or to individuals who have registered under the ‘Do Not Call Registry (DNC)‘ in Singapore
- contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of Iapps2u Service, computer software or hardware or telecommunications equipment, or may impact the ability of any Iapps2u user to access the Service;
- is intended to cheat or take advantage of a user such as “get rich quick,” “get paid to surf,” pyramid/multi-level marketing, or other dubious schemes.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
5.2 You undertake and agree to:
receive from time to time promotional messages and materials from Iapps2u by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow Iapps2u to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of Iapps2u’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Iapps2u or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Site with respect to such limited permitted uses;
Iapps2u’s sole discretion as to the means, manner, and method for performing the Iapps2u Services, including those regarding the hosting, transmission, publication and/or display of any User Sites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
5.3 You agree and undertake not to copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
5.4 You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
6. Content and Ownership
6.1 Your Intellectual Property
You shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant Iapps2u a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license to use your User Content (in whole or in part) worldwide in order to provide you with the Iapps2u Services, and as further specified in Section 3 above.
6.2 Iapps2u Intellectual Property
All rights, title and interest in and to the Iapps2u Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Iapps2u Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Iapps2u
Subject to your full compliance with the Iapps2u Terms and timely payment of all applicable Fees, Iapps2u hereby grants you, upon creating your User Account and for as long as Iapps2u wishes to provide you with the Iapps2u Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Iapps2u Services and Licensed Content, for the purpose of generating and displaying your User Site to End Users and offering your User Products and services therein, solely as expressly permitted under the Iapps2u Terms, and solely within the Iapps2u Services.
The Iapps2u Terms do not convey any right or interest in or to Iapps2’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Iapps2u Terms constitutes an assignment or waiver of Iapps2u’s Intellectual Property rights under any law.
6.3. Feedback and Suggestions
When you send us your feedback or other suggestions about Iapps2u, you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
8.1 Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Iapps2u Services at any time, in accordance with the instructions available on the Iapps2u Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Iapps2u Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
8.2 Cancellation by Iapps2u
Failure to comply with any of the Iapps2u Terms and/or to pay any due Fee shall entitle Iapps2u to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Iapps2u Services (e.g., Paid Services) or Third Party Services to you.
If your User Account or any Iapps2u Services or Third Party Services related to your User Account are cancelled (whether at your request or at Iapps2u’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Iapps2u shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Iapps2u Services following their cancellation, as determined by Iapps2u in its sole discretion.
9. Third Party Services
The Iapps2u Service is powered by WordPress and equipped with communication and customer engagement functions enabled by several plugins. WordPress, plugins developers, domain registrars and even designers who assist in making User Sitea are collectively referred to as “Third Party Services”.
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Iapps2u Services, offered separately by Iapps2u or persons certified or authorized by Iapps2u, or otherwise offered anywhere on the Iapps2u Services), Iapps2u merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Iapps2u will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Iapps2u may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Website(s) and/or the Iapps2u Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Website(s) at such time – without any liability to you or to any End Users.
10. Misconduct and Copyrights
10.1 Misconduct and Abuse
When using the Iapps2u Services, you may be exposed to User Sites, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Iapps2u with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Iapps2u Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon Iapps2u, and that Iapps2u may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us.
11. Disclaimer and Warranties
We provide the Iapps2u Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Iapps2u Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Iapps2u Services – so please be sure to verify those before using or otherwise engaging them.
Iapps2u may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Site and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Iapps2u be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Iapps2u Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Iapps2u shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Iapps2u Services and/or connecting and/or dealing with any Third Party Services through or in connection with Iapps2u Services, and that Iapps2u cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Iapps2u does not recommend the use of the Iapps2u Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
12. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Iapps2u, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) software bugs, errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Iapps2u Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Iapps2u Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Iapps2u Services; and/or (6) events beyond the reasonable control of Iapps2u, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Iapps2u’s services to you, and such limitations will apply even if Iapps2u has been advised of the possibility of such liabilities.
14.1 Changes and Updates
Iapps2u may change, suspend or terminate any of the Iapps2u Services (or any features thereof, or prices applicable thereto), and/or change any of the Iapps2u Terms – at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Iapps2u Services without enabling such changes, or provide you with alternative Services.
14.2 Governing Law and Jurisdiction
The Iapps2u Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Iapps2u Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Iapps2u Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of Singapore.
We may provide you with notices in any of the following methods: (1) via the Iapps2u Services, including by a banner or pop-up within the User Site dashboard or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Iapps2u’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Iapps2u Terms, and your use of the Iapps2u Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Iapps2u and you.
14.5 Entire Agreement
Iapps2u may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Iapps2u Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Iapps2u. Any attempted or actual assignment thereof without Iapps2u’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not in itself grant either Iapps2u or you the right to cancel any Iapps2u Services or Third Party Services then in effect.
16.7 Severity and Waivers
If any provision of the Iapps2u Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Iapps2u Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.