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Terms of Use

 

1.Introductory statement

Welcome to MICA! These Terms of Use and our Privacy Policy govern your access to and use of our services and the MICA website, including any browser extensions, mobile applications and other downloadable apps we provide (collectively:), so please read them carefully.

A reference to “this Web Site” is to www.radicali.io, www.meetmica.io and all web pages thereunder, including the content, information, applications, programs, images, sounds, graphics, video and other materials displayed therein and the functionalities or services provided therein (collectively the “Content”). “You” refers to such party who is given access or use of this Web Site by Radicali Pte Ltd (“Owner”).

The access to and use of this Web Site is subject to the following terms and conditions (“Terms/Terms of Use”). By accessing this Web Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use this Web Site. Any access to our Web Site through registration/ subscription is non-transferable. As used in these Terms of Use and this Web Site, “Radicali” means Radicali Pte Ltd and “we”, “us” or “our” refers to the Owner. If you are using this Web Site on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization and represent and warrant that you have the authority to agree to these terms on the organization’s behalf. In that case, “you” and “your” will refer to that organization.

We may periodically revise the Terms.  If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use this Website after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using this Website.

 

2. Your account

You are responsible for safeguarding and maintaining confidentiality of your login credentials to this Website and your account information. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account. You may not use anyone else’s account at any time, without the permission of the account holder. You agree to ensure that You successfully log out from Your account at the end of each session. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Owner, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

 

3.Your content and usage of our website

By using this Website, you provide us with text, file attachments, and other information (“your content”). You retain full ownership of your content – what belongs to you stays yours.  You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed. We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.

By using this Website, you agree to grant us the following non-exclusive license:

Our rights under this clause will survive termination or expiry of the Agreement and title to, and all Intellectual Property Rights in Analytical Data is and remains our property.

These rights are limited in the following ways:

 

4.Your obligations

Your use of our Web Site is solely for your personal and non-commercial use. You may only use this Website as permitted by law, including all applicable international laws and regulations. Do not, for example:

We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

5.No editorial control of Third Party Content

This Web Site may contain content from or hyperlinks to other sites owned and operated by third parties. Such content and hyperlinks are provided only for ready reference and ease of use. We do not control such web sites and cannot be held responsible for the accuracy, quality or integrity of such content and do not endorse these sites unless we specifically so state. In the event this Web Site provides content from or hyperlinks to other web sites that are not owned, operated or maintained by us, you acknowledge and agree that we have no editorial control or responsibility for the content on or available from such web sites. Therefore, any content, opinions, statements or other information expressed or made by third parties on this Web Site are those of such third parties. We do not represent or endorse and cannot guarantee the accuracy or reliability of any content, opinion, statement or other information provided by any third party, or represent or warrant that your use of such content displayed on this Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with us. We are under no obligation to maintain any content or link on this Web Site and may remove content or a link at any time in our sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content or other materials available on or through any such third-party web sites.

6.Modification of services

We may, at our discretion, modify or discontinue any of the Content or any portion thereof, with or without notice. Neither we nor our affiliates will be liable to you or any third party for any modification or discontinuance of any of our Content.

 

7.Confidentiality

From time to time, either party (the “Disclosing Party”) may disclose or make available to the other party (the “Receiving Party”) non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information (“Confidential Information”). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.

The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.

If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements.

The obligations under this clause shall survive any termination or expiry of the Terms.

8.Intellectual Property Rights

You agree that copyrights, trademarks, patents, designs and other proprietary rights and laws (“Intellectual Property Rights”) protect the Web Site. Any rights not expressly granted herein are reserved. The intellectual property rights in this Web Site and the Content are owned, licensed to or controlled by the Owner, its licensors or service providers. The Owner aggressively enforces its intellectual property rights to the fullest extent of the law. Certain information and data made available by the Owner are the property of the content providers and are identified as such. The Owner has been licensed by the content providers to store, catalogue and distribute this information to you. The information and data are protected by copyright and other intellectual property laws and no such right is deemed to have been transmitted by this arrangement to the user. You have obtained only the limited right to use, in the manner set out earlier, the information provided hereunder.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorisation of the Owner or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorised by you, is prohibited unless specifically permitted by the Owner. Any unauthorised use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable laws, regulations and statutes. Neither the Owner nor its affiliates, warrant or represent that your use of Content, Software or any other materials displayed on this Web Site will not infringe rights of third parties.

 

9.Use of Cookies

A cookie is a piece of information which a web server may place on your computer when you visit a web site. Cookies are commonly used by web sites to improve the user experience and have not been known to transmit computer viruses or otherwise harm your computer. Many cookies last only through a single web site session or visit. Others may have an expiration date or may remain on your computer until you delete them.

We may use cookies for a number of purposes, including but not limited to maintaining continuity during a user session, gathering data about the usage of our Web Site, storing your preferences for the purpose of marketing and storing a user name or encrypted identification number so that you do not have to provide this information every time you return to our Web Site.

Our cookies will track only your activity relating to your online activity on this Web Site and will not track your other Internet activity. Our cookies do not gather personally identifiable information.

You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain online products and services or Web Site features.

We may occasionally use other companies to set cookies on this Web Site and gather cookie information for us. In some cases, we may also use another company to operate web servers for this Web Site. We use the cookie information gathered by these companies in the same manner as stated above.

 

10.Feedback

Any feedback you provide with respect to the Web Site shall be deemed to be non-confidential. The Web Site shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Owner is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Web Site may have something similar to the feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from IMTMA for the feedback under any circumstances, unless specified. As stated elsewhere, under no circumstances shall we be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the Web Site.

 

11.Termination

We may terminate or modify your access to and use of this Website, at our sole discretion, at any time and without notice to you, as stated in Clause 2 of the Terms of Use. For example, if you are not complying with these Terms, or if you use this Website in any way that would cause us legal liability or disrupt others’ use of this Website. If we suspend or terminate your use of this Website, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.

 

12.Warranties

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE AND ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE OWNER MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

 

13.Indemnities

You will hold harmless and indemnify Radicali Pte. Ltd. and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of this Website or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.

 

14.Limitation of liability

YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THIS WEB SITE, OR STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THIS WEBSITE, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THIS WEB SITE.

15.Entire Agreement

These Terms of Use and other policies the Owner may post on this Web Site constitute the entire agreement between the Owner and you in connection with your use of this Web Site and the content and software, and supersedes any prior agreements between the Owner and you regarding use of this Web Site, including prior versions of these Terms of Use. The Owner may update these Terms of Use Agreement from time to time by posting revised Terms of Use on this Web Site, without notice to you, and your subsequent use of the Web Site indicates your acceptance of and is governed by those new Terms of Use. These Terms of Use is effective until terminated or updated by the Owner, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in these Terms of Use will survive. These Terms of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Web Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control.

 

16.Governing Law

Use of this Web Site and these Terms of Use are governed by the laws of Singapore and you hereby submit to the non-exclusive jurisdiction of the Singapore Courts. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

 

17.Notices

Any notices to you from us regarding this Web Site or these Terms of Use will be posted on this Web Site or made by e-mail.

 

18.Contact us

If you have any questions about these Terms, please contact us at support@radicali.io.