The terms and conditions of this Agreement govern your access to and use of the services provided by Imotiv Ptd Ltd (“Imotiv” or “We” or “Our”), a Singaporean entity, through various electronic platforms such as mobile applications and website (“Application”).
Subject to your compliance with the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable licence, without the right to sublicense, to download and install a copy of the Application onto any authorized device you own and control, and run such copy of the Application solely for your personal, non-commercial use. Notwithstanding the above, Imotiv reserves the right to refuse to provide services to anyone, for any reason or no reason, in Imotiv’s sole discretion.
Imotiv reserves the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Application at any time and without notice. Nothing in this Agreement will constrain how we operate our business.You shall be responsible for reviewing and becoming familiar with any such modifications.
If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on our Application or website. Use of the services by you following such notification constitutes your acceptance of the terms and conditions of the terms and conditions as modified.
What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
To access or use the Application, you are required to register for an account by providing, among others, your name, email address and password.
You may post an image of yourself for the use of your online profile. By submitting such image, you represent and warrant that you are authorised to use such image and grants Imotiv the non-exclusive and royalty-free right to use the image.
You may also sign up for an account by connecting your account with other third party accounts such as Facebook or Nuffnang and you grant Imotiv the permission to access and transfer the information stored in such account(s).
You shall provide Imotiv with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and condition of this Agreement, which may result in immediate termination of your account. In registering an account, you shall not:
We reserve the right to refuse registration of, or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your password.
Imotiv cannot guarantee it but will strive to keep Imotiv safe for your usage. Therefore, your cooperation is really much appreciated.
You shall not use, allow, or enable others to use the Application, or knowingly condone use of the Application by others, in any manner that is, attempts to, or is likely to:
Imotiv may place advertisements in the Application. The manner, mode and extent of such advertising are in the sole discretion of Imotiv and subject to change without specific notice to you.
You must be at least 18 years of age, or of legal age as specified by the laws of Singapore from time to time, in order to use the Application. Imotiv shall disclaim responsibility for its contractual obligation made with a minor.
Any agreement entered into by a minor shall be deemed to be entered into by the said minor's legal guardian and shall be binding on the legal guardian, including but not limited to all financial charges and legal liability that the minor may incur as a result of entering into this Agreement.
Third Party Content
The Application allows you to follow any websites as you desire. It will provide the contents of third parties which are selected by Imotiv and/or by yourself.
When you select your preferred websites, you acknowledge and agree that Imotiv has no control over the content provided by such websites. Please follow or interact at your own risks because you may be exposed to content or material that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are otherwise deceptive.
You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any content by third parties, and Imotiv disclaims any liability that you may incur arising from your access to, use of or reliance upon such third party content.
Imotiv is not responsible or liable:
We do not make any promises to remove such third party content from being accessed through the Application.
The availability of such third party content does not imply any endorsement by us of such third party content or the content, products, or services available therefrom. You acknowledge sole responsibility for and assume all risk arising from your use and reliance of any third party content.
As part of the service provided, Imotiv will send emails to notify you on the on-going activities on the Application or to inform you about new products or services provided by Imotiv. To change any of the settings, please refer to ‘Notifications’ on ‘Your Settings’ page.
When you claim your blog, you must ensure that you are the owner of the blog. You are not permitted to claim blogs that belong to others. By claiming your blog, you grant us a licence to make your blog or blog(s) available to the rest of the world. The licence may also allow Imotiv to promote and place your blog as a recommendation for other users.
Imotiv may recommend websites to you as part of the service or according to your preferences, it is not compulsory for you to read them, it is up to your discretion. Furthermore, please note that Imotiv does not guarantee that your website will be placed on the recommended page.
The Application may allow users to send messages to each other. However, the use of the private messaging service is not "Private" in the sense that it is a message seen only by the sender and receiver. While the message is private from the rest of the users, Imotiv can view them if needed from the database.
You acknowledge that Imotiv owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Application, and that you will not acquire any rights, titles, or interests in or to the Application except as expressly set forth in this Agreement.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Imotiv’s services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Application or proprietary information related thereto.
You will not remove, obscure, or alter Imotiv’s copyright notice, Brand Characteristics (as defined below), or other proprietary rights notices affixed to or contained in the Application.
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
If you wish to use Imotiv’s trade names, trade marks, logos, domain names, and any other Imotiv brand characteristics ("Brand Characteristics"), you may do so, so long as such use is in compliance with this Agreement and you agree not to:
You will grants or cause to be granted us a royalty-free, non-exclusive, worldwide, perpetual, right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, all of the content you submit to us, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Application) through which the Application is available thereon are syndicated, offered, advertised or described.
Nothing in this Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you under applicable law (e.g., fair use under copyright law, referential use under trade mark law, or valid license from a third party).
If you believe in good faith that the materials we host infringe on your copyright, you (or your agent) may send us a notice, requesting that we remove or block access to the infringing material, which shall include the following information:-
If you breach any of the terms of this Agreement, we have the right to suspend or disable your access to or use of the Application.
You will not disclose or use Imotiv’s Confidential Information.
"Confidential Information" means any information disclosed or made available to you by Imotiv, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within Imotiv reporting systems and other performance metrics and any other technical or programming information Imotiv discloses or makes available to you.
However, Confidential Information does not include information other than information that:
You expressly agree that Imotiv, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be liable for any loss of profits, data or followers, costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if Imotiv has been advised of the possibility of such damages, resulting from
You agree to indemnify, defend and hold Imotiv, its agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Application and/or your breach of any term of this Agreement.
This Agreement will be governed by the laws of Singapore and parties agree that any dispute or claim between you and Imotiv will be adjudicated in the courts in Singapore. Any claim against Imotiv arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party;
You agree to file any claim or cause of action against Imotiv within one (1) year of the date that the claim or cause of action arises.