1.1 These terms of use are entered into by and between you (“you” or “your”), on one part, and Comsoft Fintech Pte. Ltd. Singapore and or CollectSmart Pte Ltd Singapore, including, where and when assigned by these companies then such assigned associate or subsidiary company(s) (referred to as "CollectSmart", “Company”, "we", "us", or "our"), on the other part.. The following terms and conditions (“Terms of Use”) govern your access to and use of www.collectsmart.com (the “Website” or “CollectSmart Website”) and the platform (“Platform” or CollectSmart Platform”) and services (Services or “CollectSmart Services”) (together “Platforms and Services”) that are accessible & available through the Website, upon payment of fees (“Fees”) & subscription (“Subscription”) and shall be subject to additional terms (“Terms of Service”), which such Terms of Service shall also include subscription specific terms (“Subscription Specific Terms”) that shall apply to, and be binding on, you and your organisation.
1.2 You must be at least 21 Years old to access this Website. If are not of at least 21 years of age, you must not access or use this Website. If you are at least 21 years old, you may please read the Terms of Use carefully before you start to use the Website. By using or accessing the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found on the Website which forms a part of these Terms of Use, and you consent to our collection, use and/or disclosure or handling of your Personal Data for the purposes set out in the Privacy Policy. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. If you intend to access or use certain parts of this Website or accessible through this Website, for example, but not limited to, access or intended to access any part of CollectSmart Platform(s), or CollectSmart Service(s) or CollectSmart Subscription(s), etc (“CollectSmart Access Controlled Items” / “Controlled Part of Website”), then such access is governed by additional terms such as Terms of Services and Subscription Specific Terms and these shall be binding on you and your organisation. If this is not acceptable to you or your organisation then you may not access those portions of the Website or any part of any CollectSmart Platform(s), CollectSmart Service(s), or CollectSmart Subscription(s). Your access to CollectSmart Access Controlled Items or Controlled Part of Website shall mean a deemed & binding acceptance of the additional terms by you and by your organisation. If you do not have required authority to bind yourself or your organisation to the terms, you must not access such parts of the Website or any part of CollectSmart Platform(s), Service(s) or Subscription(s).
1.3 The Purpose: The CollectSmart Website and Platform is meant for specific rightful and lawful commercial activities and a specific limited commercial purpose of provision of CollectSmart Services provided by us for certain fees (Purpose).
1.4 Access for the Purpose Only. You agree to access and use the CollectSmart Website or Platform for the limited Purpose. You may not post or access or use any material for any other purpose. You may access the website as an individual entity and may not share resources or information with others. Also, you may not form any group or union or community or collective entity etc on or in relation to this website, whether by using, or without using, the resources of this site.
2.1 We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. We encourage you to review this page periodically in order for you to stay notified of any changes.
2.2 If you do not consent to such variation or amendment, you should not use or access the Website. If, following such amendment or variation, you continue to use or access the Website, you shall be deemed to have irrevocably consented to such amendment or variation and to have agreed to be bound thereby.
3.1 We may alter, suspend or discontinue this Website in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use of or access to all or part of the Website for any reason, including without limitation, breach of these Terms of Use. Any of the service or material on the Website may be out of date at any given time, and we are under no obligation to update such material.
3.2 You are responsible for both: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
3.3 To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. it is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this website or otherwise, including, but not limited to, through the use of any interactive features on the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3.4 If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.5 We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if in our opinion, you have violated any provision of these Terms of Use.
3.6 You shall not use the Website for any purpose that is unlawful or prohibited by these Terms of Use and all applicable laws and regulations, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Website to: (i) transmit via or through the Website any information, data, text, images, files, links or software except in connection with your authorised use of this Website or otherwise in response to specific requests for information by us; (ii) introduce to the Website or any other computer or website viruses, worms, Trojan horses, logic bombs and/or other material that is malicious or technologically harmful; (iii) obtain unauthorised access to any computer system; (iv) impersonate any other person or falsely state or otherwise misrepresent your affiliation with any person or entity; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address, (vii) tamper with or obtain access to the Website or any component of the Website; (viii) conduct fraudulent activities; or (ix) collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
3.7 Your Content, if any: The content you may send, upload, modify, alter or in any way contribute to, exchange or post on the Website (“post” or “upload”): (1) must fully comply with all the applicable local and international laws, rules, regulations and norms, and the laws, rules and regulations of (a) Singapore, (b) the United States of America (USA), (c) the European Union (EU), (d) the United Nations (UN) and (e) laws and regulations of any country from which they are posted or are accessible, including but not limited to laws, rules and regulations related to data protection, privacy, ecommerce, trade, and taxation (Any and All Relevant Laws and Regulations), (2) must strictly be for, in line with, and relevant to, the intended Purpose of this Website and not for any other purpose (3) must not include anything that is or may be deemed as computer, internet or technology misuse, (4) must not be deceptive, wrongful, erroneous or non factual material or material that misrepresents or incorrectly or inaccurately represents us or others, including but not limited to materials that may cause any reputational, business, financial or any other damage, harm or loss to us or any other entity, (5) must not be in breach of any legal duty or obligation owed to a third party, such as a contractual duty or a duty of confidence; (6) must not impersonate any person, or misrepresent your identity or affiliation with any person; or otherwise constitute a misrepresentation of or suppression of any fact, identity, right, obligation, authority, status or any other matter in relation to any person or entity, (must not cause us or any entity any reputational, business, financial, or any other harm, damage or loss, (7) must not contain any material that infringes on or violates, or may be deemed to violate, any rights of ours or other entities including but not limited to rights such as copyright, data right, patent right, trade mark or any other type of intellectual property rights of any other entity, (8) must not contain any material that is, or can be deemed to be, defamatory to us or any other entity, (9) must not contain any material that is political in nature or has political references or views or is defamatory to or is otherwise critical of or criticizing of any nation, government, international body or group, corporate entity or individual, (10) must not promote any illegal, unlawful, immoral, fraudulent or deceptive activity or any activity that can cause reputational or financial harm, damage, or loss, in any manner whatsoever, to us or any other entity, society in general or any societal or other groups or individuals, (11) must not contain any material which is, or may be deemed as offensive, defamatory, derogatory, discriminatory, racist, sexist, inflammatory, hateful, obscene, or violent; (12) must not contain any material that can cause or promote violence, disharmony, anxiety, fear, hatred, enmity, ill-will, hostility, abuse, harassment, discrimination, injustice or denial of equal opportunity, including but not limited to reasons of, or based on, race, religion, ethnicity, gender or sexual orientation, colour, creed, age or any other immutable traits or characteristics, (13) must not contain any material that is sexist or sexually explicit or has adult oriented content or promotes immoral or illegal activities; Without limiting our rights and recourses, we reserve the right to take any appropriate action as we deem fit in the event we believe that there is non compliance to these terms.
3.8 Transactions or Information Exchange: in connection with access to or use of the CollectSmart Website with respect to any information exchange or transactions you agree that you will be in full compliance with Any and All Relevant Laws and Regulations at all times while dealing with your customers, suppliers, distributors, business partners, payers, banks or financial institutions or any other entities and also while dealing in your trade, e-commerce, financial transactions or any information exchange. You will not deal in (1) any unlawful or prohibited trade, (2) any prohibited items, (3) unlawful or prohibited transactions, (4) any countries, entities, persons or items or services that come under embargoed, sanctioned, denied, prohibited, restricted countries, entities, persons, or items or services based on the relevant denied or prohibited or restricted or similar lists and All Relevant Laws and Regulations.
3.9 You agree that it is solely your responsibility to comply with Any & All Relevant Laws and Regulations, including but not limited to all applicable ecommerce, trade and tax compliance laws, regulations and requirements of Singapore, USA, EU and UN and that you are not violating any of these. By using the CollectSmart Website or Platform, you agree to fully indemnify us against any harm, damage or loss to us or any third party due to your acts, commissions, omissions or non-compliance with the requirements herein, whether intentional or otherwise.
4.1 This Website may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us, including third party payment system providers. You acknowledge and agree that we are not responsible for the content, privacy, policies or practices of such third party websites or the companies that own them. By using the Website, you expressly relieve us from any and all liability arising from your access and use of any third party website.
5.1 All Services, Subscriptions or packages made available through CollectSmart Website Platform are made available for certain fees and subject to subscription process, and are governed by additional Terms of Service, including Subscription Specific Terms, which will apply to you and your organization, and which you will have to accept. These terms are in addition to terms herein.
6.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors or our service providers. We reserve the right to enforce these intellectual property rights to the fullest extent of the law.
6.2 These Terms of Use permit you to use the Website for your use only. You must not reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Website in any form or by any means without our prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Website.
7.1 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
7.2 This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinion expressed in these materials and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8.1 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to the warranties of merchantability, non-infringement, and fitness for particular purpose.
8.2 Without limitation to the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation as to: (i) the reliability, accuracy, completeness, and validity of any content or material on the Website; (ii) that the functions contained on the Website will be secure, uninterrupted, free of errors or that any defects will be corrected; or that (iii) the Website or the server(s) that make it available are free of viruses or other harmful components. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors.
8.3 To the maximum extent permitted under applicable law, we shall not be liable to any user of the Website or any other person for any direct, indirect, special or consequential loss or damage (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of or related to the use, inability to use, performance or failure of this Website or any materials posted therein, or any information contained therein or stored or maintained by us, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
8.4 You acknowledge and agree that your access and use of the Website is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any transactions or contracts concluded by you for the supply of goods or services formed through the Website may be processed by third party payment system providers and we do not retain or process any such payment information. We cannot guarantee the security of such third-party payment system(s) or any payment data on the Website. We are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the internet, your connection to the internet or the actions or inaction of any other person or entity, including any internet service provider. By using and/or accessing the Website, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
8.5 For the avoidance of doubt, nothing in this clause 9 excludes, restricts or modifies any condition, warranty, right or liability implied into these Terms of Use where to do so is illegal or would render any provision hereof void.
9.1 By using and/or accessing the Website, you agree to indemnify, hold harmless and defend us, our affiliates, licensors, service providers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers and successors from any claims, losses, damages, liabilities, costs and/or expenses, including but not limited to legal fees arising directly or indirectly from your access of and/or use of this Website, including without limitation, any claims of infringement of a third party’s rights, any assertion and enforcement of our rights under these Terms of Use and any breaches of your obligations under these Terms of Use.
10.1 Each of the provisions of these Terms of Use is severable from the other(s). If any such provision or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Terms of Use but the validity, enforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby.
11.1 The Terms of Use, our Privacy Policy and our Terms of Service constitute the sole and entire agreement between you and us regarding the use of the Website and supersede all prior and contemporaneous understandings, agreement, representations, and warranties, both written and oral, regarding the Website. If you access or use certain portions of this Website or services offered through or from or by this Website, certain additional terms shall be applicable to you and your organization, and these terms shall be binding on you and your organisation, and if this is not acceptable to you, you may not use or access those portions of the Website or any part of CollectSmart Platform or Services or Subscriptions. You and or your organization may also be required to explicitly accept such additional terms and conditions based on your use of certain parts of the Website or use or subscription to services offered from the Website. These additional terms include, but are not limited to, the Terms of Service, Subscription Specific Terms, etc.
12.1 This Terms of Use and the use of our Website shall be governed by the laws of Singapore. You agree to submit any disputes arising out of or in connection with this Terms of Use to the exclusive jurisdiction of the Singapore courts.