Terms & Conditions
The Terms and Conditions of Use set forth herein apply to this website of “LinkerFoo” product owned by Beyondsoft International (Singapore) Pte Ltd (“BEYONDSOFT”) and/or any other Web sites owned, operated, licensed, or controlled by or linked to BEYONDSOFT, whether in the Republic of Singapore or otherwise and from time to time.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY BEYONDSOFT WEB SITE.
Although BEYONDSOFT makes every effort to provide reliable content, and despite the care taken in the wording of the text and publishing of photographs, some errors may be found in the information given on this website. Under no circumstances shall BEYONDSOFT be held liable for direct or indirect damage resulting from accessing the website or using the information contained therein (e.g.: errors, omissions, inaccessibility, data loss, damage, destruction or viruses liable to affect the user’s I.T. equipment). Therefore, the user accepts to use this information under his/her sole liability and is invited to make any necessary checks.
Restrictions on Use of Materials
Modification of the materials or use of the materials for any other purpose is a violation of BEYONDSOFT’s and/or any other party’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All BEYONDSOFT trademarks, service marks, and trade names are proprietary to BEYONDSOFT.
BEYONDSOFT group owns, reserves and retains all property rights, particularly intellectual property, including copyright for this BEYONDSOFT Web site and the information contained therein. The brands cited on this BEYONDSOFT Web site are not exhaustive and are registered trademarks. All the patents, logos, texts, page layouts, visuals, photographs, graphics, icons and any other distinctive items contained in the pages of this website are the exclusive property of BEYONDSOFT and/or such other legal brand owner(s). Any representation or reproduction, in part or in whole, for collective use, on any medium or using any process, is strictly prohibited without written permission from BEYONDSOFT and/or such other legal brand owner(s) or the assignees or successors thereof. Any breach of this copyright and/or any other intellectual property rights would thus constitute infringement and action may be taken against such person(s).
Unless otherwise specified, the materials in the BEYONDSOFT Web site are presented solely for the purpose of promoting publications and other products available in the Republic of Singapore, and any other country. The BEYONDSOFT Web sites are controlled and operated by BEYONDSOFT from its offices within the Republic of Singapore. BEYONDSOFT makes no representation that materials in any BEYONDSOFT Web site are appropriate or available for use in other location other than the Republic of Singapore. Those who choose to access any BEYONDSOFT Web site from other locations outside of the Republic of Singapore do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from the BEYONDSOFT Web site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These terms will terminate immediately without notice from BEYONDSOFT if in BEYONDSOFT’s sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from the BEYONDSOFT Web site and all copies thereof, whether made under the terms of these terms or otherwise.
THE MATERIALS IN THE BEYONDSOFT Web site ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEYONDSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEYONDSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER BEYONDSOFT Web site OR THE SERVER(S) THAT MAKES THE BEYONDSOFT WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEYONDSOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR ANY BEYONDSOFT WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BEYONDSOFT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BEYONDSOFT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE BEYONDSOFT Web site, EVEN IF BEYONDSOFT OR A BEYONDSOFT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BEYONDSOFT TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER BEYONDSOFT Web site.
Not Legal/Technical Advice
The information contained at this BEYONDSOFT Web site has been prepared by BEYONDSOFT as a service to its readers and the Internet community and is not intended to constitute technical advice. BEYONDSOFT has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant nor guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the BEYONDSOFT Web site. Users of information from this BEYONDSOFT Web site or links do so at their own risk.
Links to Other Web Sites and Services
To the extent that this BEYONDSOFT Web site contain links to outside services and resources, BEYONDSOFT does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
Jurisdiction and Law
These terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Court of the Republic of Singapore and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
In order to provide our visitors with a better service, and thanks to the use of AT Internet solutions, BEYONDSOFT is measuring the number of page views, the number of visits, the different actions performed by visitors on the BEYONDSOFT Web site, and the number of times visitors return to the site. If you do not wish to be audited on the BEYONDSOFT Web site, please go to the following AT Internet web page that provides further information on respecting private data and follow the procedure that is available there.
BEYONDSOFT has adopted a set of information management guidelines, which serve as the basis for our customer relationships. These guidelines disclose the privacy policies for this BEYONDSOFT Web site. These guidelines have been developed with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change.
BEYONDSOFT is not responsible for the content or the privacy policies of other Web sites to which it may link. You must abide by the policies set out at such other Websites and bear all responsibility for any breach(s) arising from your non-compliance.
What information does BEYONDSOFT gather from or about you?
Nature of data: The term “data” refers to any data relating to an individual and enabling same to be identified. This includes names, job title, telephone numbers, postal and e-mail addresses, company registration Nos. and names and demographic information such as postcode.
Lack of data: As a general rule, you may visit BEYONDSOFT Web site without needing to provide your personal data. However, fields marked with an asterisk specify that some basic data is sometimes required. Failure to complete the relevant input fields may result in BEYONDSOFT being unable to provide you with some access or services.
Registration: When you register to receive any services from the BEYONDSOFT Web site, BEYONDSOFT may require that you supply your full name, e-mail address, and demographic information etc. Customers who register must agree to the Terms and Conditions of Use for use of the relevant service and/or BEYONDSOFT Web site.
Surveys/ Questionnaires: We occasionally ask visitors to fill out optional surveys and/or questionnaires. These surveys/questionnaires may ask for demographic information and other information about or website and products and services.
Use of data collected: This data is reserved for strictly internal use of BEYONDSOFT and will not be the subject of any commercial use or transmission or transfer to any party for commercial or canvassing purposes.
BEYONDSOFT may collect, store and use your Data for the following purposes amongst others:
- providing customer support, including services such as the warranty and after-sales support
- facilitating and processing your queries and requests for information on BEYONDSOFT, its products and services
- providing you with the latest information on BEYONDSOFT’s products and services
- finding out your opinion on BEYONDSOFT’s products and services (product surveys) • organising events and other special offers
- possibly contacting you if your application matches the required profile in a job offer published by BEYONDSOFT on one of its websites
- customise the website according to your interests.
Security and confidentiality of data collected: BEYONDSOFT has implemented physical, electronic and administrative protection measures in compliance with regulations to protect your data. This data can only be accessed by a restricted number of authorised parties.
Right of access to personal data: By data that you may submit to BEYONDSOFT is subject to the applicable data protection law. As such, you are entitled to access, amend and delete personal data pertaining to you.
To exercise your right, please send your request by post or email.
Unit 6.02, 6.03 & 6.03A,
Mercu 2, No. 3 Jalan Bangsar,
KL Eco City, 59200, Kuala Lumpur
Tel: +603 2856 2000
Any information you submit in a survey or questionnaire is used to help us better understand and serve our visitors. This research is compiled and analyzed on an aggregated basis.
Statistical Analysis: BEYONDSOFT may perform statistical analyses of user behavior in order to measure interest in the various areas of our site (for product development purposes). In these statistical analyses, we will disclose information to third parties only in aggregate form. Personal information about you as an individual subscriber or registrant will not be provided to any third party, except when we have your permission or under special circumstances, as described in our Terms and Conditions of Use.
E-Mail: Using the e-mail addresses provided at registration, BEYONDSOFT periodically sends promotional e-mail to its subscribers about services offered by BEYONDSOFT. BEYONDSOFT may contact you regarding account status, changes to the subscriber agreement, and to confirm registration.
Occasionally, BEYONDSOFT shares data collected about subscribers with other units within BEYONDSOFT. Many of our subscribers find these mail or e-mail promotions valuable. If you prefer not to receive such materials from BEYONDSOFT, please see the “Opting Out” provision below.
We will use information that you enter or provided to BEYONDSOFT through visitors or event registration to notify you about important events, business articles and news, important functionality changes to the website, new services and special offers. Except for communications sent to you regarding company announcements or policy changes, if you would prefer not to receive this information you can indicate your preference. You may choose not to receive communication from us by following the opt-out instructions
These Terms and Conditions applies to the download and/or use of “LinkerFoo” product(s) (“LinkerFoo Products”) which is owned by Beyondsoft International (Singapore) Pte Ltd (“Beyondsoft”). By downloading and/or using LinkerFoo Products, the person (individual(s), business(es) and/or corporate entity / entities) who does so (hereinafter referred to as “User”) agrees to be bound and/or governed by the following –
Limitations of Use
User acknowledges that –
- prior to the download and/or use of LinkerFoo Products, User may be required to provide such details and/or information as may be required by Beyondsoft.
- the download and/or use of LinkerFoo Products are solely for evaluation purpose(s) and that LinkerFoo Products so downloaded may be limited in features and/or modules available and may not be the full version.
- the use of LinkerFoo Products so downloaded may be for a limited period of time, which shall be at the sole discretion of Beyondsoft.
- LinkerFoo Products is an application which operate within the Android OS environment (minimum OS Android 5.1 or above).
- LinkeFoo Products provided during the evaluation period ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEYONDSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEYONDSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LinkerFoo Products WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LinkerFoo Products OR THE SERVER(S) THAT MAKES THE LinkerFoo Products AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEYONDSOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF LinkerFoo Products IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BEYONDSOFT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BEYONDSOFT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE LinkerFoo Products, EVEN IF BEYONDSOFT OR A BEYONDSOFT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BEYONDSOFT TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR DOWNLOADING AND/OR USING LinkerFoo Products.
- Beyondsoft may, at its absolute discretion, provide such support to the LinkerFoo Products as it deems appropriate. However, such support provided by Beyondsoft to the LinkerFoo Products is without prejudice to any matter set out herein.
- the licence granted by Beyondsoft to User is limited to the use of the LinkerFoo Products and that no rights shall pass from Beyondsoft to User at all. User shall therefore not sub-let, sub-licence or otherwise deal with the LinkerFoo Products in a manner which is inconsistent.
Notice is hereby given that “LinkerFoo” is a trademark which is owned by Beyondsoft and that the download and/or use of the LinkerFoo Products by User shall not pass any title to the “LinkerFoo” trademark to User.
The LinkerFoo Products may also contain other marks which may be owned by Beyondsoft and/or other entities. The download and/or use of the LinkerFoo Products by the User shall not pass any title to these other marks to User.
Any information exchanges between Beyondsoft and the Customer related to this Agreement is deemed to be confidential.
- Confidential Information shall include all information disclosed by one part (the “Discloser”) to the other (the “Recipient”). Confidential Information shall not, however, include the following: (a) information which is now or hereafter comes into the public domain; (b) information learned by the Recipient from a third party who is under no obligation of confidentiality; (c) information known to the Recipient or developed by the Recipient independently of information disclosed by the Discloser; or (d) information required to be disclosed by Receipt pursuant to requirements of law or regulation or by order of a court or other body of competent jurisdiction or other legal process. Each party may disclose Confidential Information to its legal advisers to protect its own legitimate interests and to comply with any legal or regulatory requirements. If any court, regulatory authority, professional body or legal process requires the Recipient to disclose the Confidential Information, then the Recipient may make any such disclosure; provided that the Recipient will, if permitted by law, advise the Discloser promptly of any such requirement and corporate, at the Discloser’s expense, in responding to it.
- The Recipient shall treat the Confidential Information as confidential, using the same standard of care that it uses to protect its own proprietary or confidential information (but not less than a reasonable standard of care), and shall use reasonable measures to prevent disclosure of the Confidential Information to any third party without the Discloser’s consent. The Recipient shall disclose the Confidential Information only to those of its employees, agents or subcontractors who have a reasonable need for access thereto.
- All Confidential Information shall remain the property of the Discloser. Upon the Discloser’s request, the Recipient shall promptly return the Confidential Information, provided, however, that the Recipient may retain copies solely for archival and backup purposes only, always subject to the confidentiality obligations herein.
Data Privacy - Customer Data
The LinkerFoo Products may enable User to upload data obtained from the use of the LinkerFoo Products (“Customer Data”) to servers operated and/or utilised by Beyondsoft.
User hereby irrevocably, during the course of the evaluation period or any extension thereof, grant to Beyondsoft a non-exclusive, royalty free and free from other fees and/or charges to use the Customer Data.
User represents, warrants and/or guarantees that the Customer Data shall not –
- Contain any inappropriate content that may be defamatory, offensive, indecent, objectionable, illicit and/or illegal, and/or cause annoyance and/or harassment of any party;
- Contain any false or untrue claims or representations regarding any product and/or service, regardless whether such product and/or service was and/or is offered by the Customer or any other person(s), including Beyondsoft;
- Mislead and/or cause confusion and/or misrepresentation to members of the public;
- Infringe any right(s), intellectual, proprietary and/or other right(s), of any party whomsoever;
- Violate any laws and/or regulations in Singapore or elsewhere; and/or
- Market, promote and/or otherwise offer for sale and/or advertisement any fraudulent, illegal and/or improper purpose, product and/or services.
In the event that the Customer infringes the aforesaid, Beyondsoft shall be entitled, at its absolute discretion, to deactivate the Software Product without giving any notice to the Customer (“Deactivation Event”).
Data Privacy - Personal Data
The LinkerFoo Products may enable User to collect personal data (as defined in the Personal Date Protection Act 2012 (“PDPA”) and as may be amended from time to time) of User’s individual client(s) (“Personal Data”).
Both Parties shall comply with the provisions of the PDPA in respect of such Personal Data and shall ensure that their servants and/or agents and/or employees similarly comply. In this regard, both Parties represents and warrants that each will fully comply with the provisions of the PDPA.
Both Parties agrees that each of them and their respective servants and/or agents and/or employees shall –
- Only use the Personal Data for the purpose(s) for which the Personal Data had been collected as disclosed to User’s individual client(s);
- Protect the Personal Data against unauthorised and/or accidental access, collection, use, disclosure, transmission, and/or destruction, and shall ensure that security measures are implemented to give such protection;
- Give the other party notice in writing should it become aware of or suspect that any event(s) referred to as aforesaid had occurred and shall promptly take all necessary steps to remedy the same and prevent any such future occurances;
- Not retain the Personal Data for any period of time longer than is necessary to serve the purpose(s) for which the Personal Data was collected;
- Immediately return or destroy the Personal Data in the event of the termination or expiry of this Agreement, or when instructed in writing by the other party to do so., provided always that the party is not required by law to retain such Personal Data;
- Limit the disclose of the Personal Data to its servants and/or agents and/or employees on a need to know basis, and/or for the purpose(s) of fulfilling its obligations under this Agreement;
- Not transfer any Personal Data to any third party (whether in Singapore or elsewhere) without the consent of the other party. Where consent is given, the party shall ensure that the third party complies with the PDPA as well as this Agreement in relation to the access, collection, use, disclosure and destruction of the Personal Data;
- Where Personal Data is to be transferred out of Singapore, ensure that the consent of the individual, whose Personal Data is to be transferred, has been obtained (subject to any exceptions set out in the PDPA), and shall take all additional measures necessary to ensure that the Personal Data is transferred in accordance with the PDPA.
- User irrevocably agrees to indemnify Beyondsoft against all claims, loss and/or damages including all legal costs on a full indemnity basis in the event that any action and/or claim is brought against Beyondsoft for the User’s breach hereof.
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