1.2 Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platform or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platform.
1.4 By clicking [“I Accept”] OR [“I Agree”] OR logging into, browsing, or accessing the Platform, you signify your acceptance of the Terms. We may amend the Terms from time to time and you agree to be bound by the revised Terms as and when they are amended. It is your sole responsibility to read the Terms regularly.
1.5 If you do not agree to these Terms, please do not access or use the Platform. By continuing to use the Platform, you agree to be bound by the Terms.
1.6 For the purposes of these Terms, We, Us or Our shall mean the Company. The terms You, Your, or User shall mean any person or entity accessing, browsing and/or using the Platform.
2.1 The Platform may be used by (i) natural persons who have reached eligible age and/or who are eligible to form legally binding contracts in the country you access the Platform from and (ii) corporate legal entities, e.g companies. Where applicable, these Terms may be subject to country-specific provisions. We reserve the right to refuse to provide you with access to the Platform, in whole or in part, if we discover that you are not eligible to form legally binding contracts. Access to the Platform is only offered to persons who have been granted specific access by the Company.
2.2 Unless otherwise specifically agreed with Us in writing, You may only use the Platform for personal and non-commercial purposes. A mobile smart device running any version of the ‘Android’ or ‘iOS’ operating systems (“Device”) and internet connection are required to access and use the App. You acknowledge that the Platform, whether whole or in part, and some Services may not be available in some areas, in some countries, and/or may require separate subscriptions or registration.
3. ACCOUNT CREATION
3.1 To use the Platform, You are required to register for and maintain an Account and will be required to furnish certain information and details, including Your name, email address, contact number and any other information that We may deem necessary.
3.2 Your registration on the Platform and creation of Your account thereon shall be subject to confirmation by the Company who has granted you access to the Platform. You are solely responsible for maintaining the confidentiality and security of Your Account, password, activities that occur in or through Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
4. LICENSE AND INTELLECTUAL PROPERTY
4.1 The Platform and Services are hosted on an interface and proprietary Platform which is owned and developed by Smarten Spaces Ptd Ltd (“Smarten Spaces”), a third party provider. We have been granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Platform and to make the same available to You.
4.2 We grant You a limited license to access and use the Platform for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with Our express written consent. Any unauthorized access to the Platform or any networks, servers or computer systems connected to the Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform is not permitted.
4.3 This license is non-sublicensable, non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than Your authorized use; or any use of data mining, robots, or similar data gathering and extraction tools.
4.4 The Platform may contain copyrighted material, trademarks, and other proprietary information and intellectual property owned by us, or which has been licensed to us by Smarten Spaces and/or other third parties. Mere access to or use of the Platform does not confer upon you any rights to the intellectual property belonging to us, Smarten Spaces and/or other third parties. You agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such intellectual property . Any use of the Platform or its contents without our permission is prohibited.
4.5 The following trade names and the trademarks in relation to those trade names indicated on the Platform are Smarten Spaces’ trade names/ trademarks and strictly may not be used in connection with any product or service that is not offered by Smarten Spaces in any manner that is likely to cause confusion among users of the Platform (“Users”) or that disparages or discredits Smarten Spaces and the Platform:
- Smarten Spaces
- Jumpree WorkSafe
5. TERMS OF ACCESS
5.1 By accessing the Platform, you agree that you will use the Platform and access and use the Services for lawful purposes only, and comply with all applicable laws and regulations. You agree that you will not do anything that may impair the performance of any functionality of the Platform or the servers on which the Platform is hosted.
5.2 You agree to provide authentic and true information in all instances where any information is requested of you. If at any time, the information provided by you is found to be false or inaccurate (wholly or in part), we reserve the right to suspend or terminate your access to the Platform without any prior intimation whatsoever.
5.3 When you access the Platform, you agree not to:(i) scrape or attempt to scrape or extract any data, including information provided by third parties or other Users of the Platform ; and/or (ii) use the Platform for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Platform,; and/or (iii) access or attempt to access any content available on the Platform by any means other than through the interface provided by us.
5.4 You agree that while using the Platform, in addition to other prohibitions as set forth under these Terms, you will not, whether directly or indirectly, post, upload, publish, transmit or share any material or information that:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other intellectual property or proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
5.5 You further agree that you will not, whether directly or indirectly, use the Platform (collectively, “Prohibited Uses”):
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any applicable regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any person, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet;
(h) to collect or track the personal information of others;
(i) to spam, phish or pharm;
(j) harvest or collect any information available on the Platform including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(k) for any obscene or immoral purpose;
(l) to interfere with or circumvent the security features of the Platform or any related website, other websites, or the Internet; or
(m) to allow or permit any third-party to collect any data, information or User Content from the Platform or the Services.
5.6 In the event, we receive any court order or notification from a government agency that any information posted by you amounts to a breach of this provision, we will take such steps necessary as required under law to remove or disable access to such information and may suspend or terminate your access at our sole discretion.
5.7 We reserve the right to terminate Your use of the Services, App, Platform or any related website if We discover You to be using the Services, App, Platform or any related website for Prohibited Uses.
6. USER CONTENT
6.1 Users may be allowed to submit, post, and/or otherwise provide information or other content through the Platform (“User Content”). If You submit any User Content on the Platform, You represent, warrant, covenant and undertake to Us that:
(i) You own all intellectual property rights in the User Content submitted by You;
(ii) You have all requisite rights, permissions, and/or consents necessary to post such User Content;
(iii) the posting and/or using of Your User Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
(iv) where applicable, You alone shall pay for all royalties, fees, and any other monies owed by reason of User Content You post; and
(v) You shall not submit any Prohibited User Content (as defined hereinbelow).
6.2 By posting any User Content, You grant to Us, and Our affiliates, a world-wide, non-exclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such User Content (in whole or part) worldwide via the Platform or its website or otherwise through any means, medium or channel, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further consent to all relevant acts or omissions in relation to Your moral rights in such User Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all Your moral rights in such User Content.
6.3 Reports of such Prohibited User Content (defined below) will be reviewed and We reserve the absolute right to determine the extent of such violations and to take any steps We deem necessary to prevent the submission of or remove Prohibited User Content, including the suspension or termination of any User or account (including related accounts) engaging in such activities.
(i) is commercial in nature (including advertising);
(ii) is false or misleading;
(iii) diminishes, misappropriates, or infringes on the legal rights of others, including the right to privacy, copyrights, trademarks, patents, trade secrets, and any other intellectual property rights;
(iv) directly or indirectly identifies any other person or reveals any of his or her personal information, without obtaining such person’s express written consent to the disclosure of such person’s identity or personal information if such person is not a minor, or pertains to minors and directly or indirectly identifies minors or reveals any of their personal information, (e.g. full name, age, address or contact information);
(v) is unlawful, defamatory, libelous or invades the privacy of others;
(vi) is abusive, harassing, offensive, vulgar, intimidating or uses fear to silence another;
(vii) is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economic class;
(viii) encourages criminal behaviour or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
(x) falsely expresses or implies that such content is sponsored or endorsed by Us.
6.5 While We are not obligated to do so, We have the right to examine User Content before or after its publication, prevent publication of inappropriate, erroneous or otherwise inadequate User Content, or remove any User Content after its publication.
(i) We will have no duty to detect any such User Content even if We conduct such an examination; and
(ii) if We do detect such User Content, We will have no duty to prevent or remove any such User Content.
6.7 We retain sole discretion to determine which User Content will be published, the duration of its publication, its location, how and when it appears on the Platform, its design and any other matter about the publication of User Content. We do not guarantee that all User Content will be published, in general, nor do We guarantee that if User Content is published that it will be published for any specific length of time. User Content does not reflect Our views, and We have no responsibilities with respect to the substance of any User Content, including, for example, ensuring that User Content is accurate, complete, reliable, legal (e.g., is non-infringing or non- violative of any third party’s rights), useful or up-to-date.
6.8 We do not endorse any User Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, direct, indirect, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any user content.
7. MONITORING THE PLATFORM AND YOUR ACCOUNT
8. PERSONAL DATA
8.2 In order to provide the Services to you, we may share your Personal Data with Smarten Spaces who process the data we collect on our behalf, and in order to assist in providing and improving the Services. To understand how Smarten Spaces handles personal data, You may visit: https://coworking.smartenspaces.com/privacy.html.
8.3 Your personal data may be transferred overseas from time to time. Such transfers will be carried out in accordance with relevant data protection laws.
8.4 We may also disclose personal data as permitted or required by law. If you choose not to provide this information you understand that you may not be able to access the full range of services, including modules and features on our Platform.
We will use our best efforts to ensure that the Platform is accessible to you from everywhere on a 24/7 basis. However, we may, from time to time and without prior notice of downtime, suspend access to the Platform or to some parts thereof for maintenance or other reasons. We may also, at our sole discretion, either temporarily or permanently disable access to the Platform for specific Users. You agree that you have no expectation of or right to permanent and uninterrupted access to the Platform.
10. THIRD-PARTY DISCLAIMERS
10.1 We do not guarantee that other Users of the Platform will comply with these Terms. You hereby assume all risk of any harm or injury which may result in you on account of such non- compliance by other Users. We shall not be liable for any such harm or injury resulting from third party use.
10.2 We do not guarantee or make any representations regarding the content of any third-party sites. If you access a link to any third-party website, you hereby acknowledge that you do so entirely at your own risk and expense.
10.3 We shall not be responsible for any dispute between you and any other third party arising out of the use of the Platform. We shall not be held liable for any negligent conduct or behavior of any third party in relation to the use of the Platform.
You agree to indemnify us, our subsidiaries, Smarten Spaces and Smarten Spaces’ subsidiaries and affiliates, for all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to your
(i) misuse of the Platform
(ii) breach of these Terms
(iii) violation of any law, rules or regulations or the rights of a third party, or
(iv) any fraudulent act on your part.
12. LIMITATION OF LIABILITY
12.1 Neither us nor Smarten Spaces will be responsible for the accuracy, completeness, reliability, fitness, availability or relevance of any information on the Platform.
12.2 You hereby acknowledge and agree that neither us nor Smarten Spaces, nor our affiliated companies, subsidiaries, officers, directors, employees or any related party will be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, reputation, goodwill, business opportunities, data or other intangible losses or be liable for any loss or damages of any kind whatsoever arising out of the use of or inability to use the Platform, however arising whether by tort or by contract, including without limitation, damages for loss or corruption of data or programs and service interruptions, even if we or Smarten Spaces know or have been advised of the possibility of such damages.
12.3 We and Smarten Spaces further disclaim any and all liability for the acts, omissions, and conduct of any third parties, in connection with or related to the use of the Platform. We will not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third-party service providers or advertisers or resulting from the presence of such advertisers on the Platform.
The Platform is provided and maintained an “as is” and “as available” basis and offer no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform. The Company and Smarten Spaces specifically disclaim any implied warranties of fitness for a particular purpose or non-infringement and that communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted or that the error will be rectified. You expressly agree that the use of the Platform is at your own risk and that you will not hold the Company nor Smarten Spaces responsible for any content that may be deemed offensive, indecent, or objectionable to you. In particular, neither Company nor Smarten Spaces will be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or for any loss of any kind arising out of the use of or inability to use the Platform. Consequently, We assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.
If you violate or breach any of these Terms, we may suspend or terminate your account or your access to the Platform, at our discretion. In such an event, we shall not be liable for any damages arising therefrom.
15. GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be governed by the laws of the country in which the Company is incorporated. Disputes or proceedings arising in Singapore shall be subject to the jurisdiction of the courts in Singapore.
16. FEATURES AND SERVICES
16.1 This Platform is an informational and interactive platform for Users to access various features and services, and to receive news and updates on the Premises. We have provided features including an emergency hotline and a service request function as part of our efforts to create an environment within the Premises to help our Users stay vigilant and to encourage responsible behaviour during this time – allowing them to share information, guidelines and best practices from local authorities. The Platform should not be relied on as official advice. Where data is provided, it relies on data provided by third parties and where parts of the Platform permit contributions from the User, information entered by the User.
16.2 This Platform is not for commercial use and is intended solely for responsible use by Users. We and Smarten Spaces expressly disclaim any and all representations and warranties with respect to the Platform, including any content submitted by Users, accuracy, fitness for use and merchantability. Please refer to our section on ‘Community Posts’ and ‘User Content’ for more guidelines on how and when you should use the Community channel.
16.3 The features and services offered through this Platform include (and are not limited to):
(i) Enhanced Visitor Management Solution (VMS)
The VMS will be enhanced with the provision of a health declaration form for visitors entering the premises owned and maintained by Us and to which the Platform is synced to (“Premises”). A Non-Disclosure Agreement will also be provided to visitors through the VMS for them to sign before entering the Premises.
We may organise events within the Premises from time to time. This module displays events that will be held on the Premises (“Events”). To attend Events, Users may be required to provide their personal information to register for Events.
(iii) Service Requests
Users can use the ‘Service Requests’ function to raise a request for amenities and services, including hand sanitizer, face masks and other essentials.
We have provided FAQs to address the commonly asked questions from Users.
(v) Community Posts
Users can post information, news, latest updates and questions through the Community channel to share useful news and updates. We strive to create dialogue with Users and encourage you to share only content from official news websites on the Community channel (“Community Posts”).
While we will try to check that all Community Posts comply with our acceptable use standards, we are not obligated to monitor any Community Posts. We expressly exclude our liability for any loss or damage arising from the use of the Community Posts by any User who we view in our sole discretion to be breaching acceptable use standards. If in our opinion an individual makes use of the Community in breach of these Rules, we reserve the right to remove, or to disable access to, any Community Posts, and to terminate, suspend or change the conditions of their access to the Community channel without prior warning. We also reserve the right to bring legal proceedings against any individual for a breach of the use of the Community channel, or take such other action as we reasonably deem appropriate.
- The views expressed by any individual within the Community Posts are those of the individual and do not necessarily reflect the views of the Company.
- Any advice or information posted to the Community channel should not be regarded as advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by a user of the Community channel, or by anyone who may be informed of any of its contents. You must always seek advice from qualified professionals.
- Any advice or information posted to the Community channel should not be accepted as true or correct. It is up to individual users to check the validity of any advice or information before relying on it, especially where the consequences of following it could be serious.
- We may stop, or suspend, moderating the Community at any time.
(vi) Emergency Hotline
Where available, Users may dial in to our hotline with any questions and concerns. This module enables users to request for emergency support within the Premises only. PLEASE NOTE THAT this is not a replacement for the local safety and security authorities. Users of their own volition shall choose to contact the Company’s security services or the local authorities.
In no event shall we and/or Smarten Spaces and its subsidiaries, its officers and employees be liable for any liability, loss, injury or risk (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages) which is incurred or suffered as a direct or indirect result of the use of any of the material, advice, guidance or Services on this Platform.
17.1 The User represents and warrants that they will not use the Platform for any purpose that is unlawful or illegal under applicable law nor shall the Platform be used in any manner, which could damage, disable, overburden or impair it or any Events publicised or promoted through the Platform.
17.2 The User agrees to indemnify, defend and hold harmless the Company and Smarten Spaces from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company and/or Smarten Spaces by virtue of any breach or non-performance of events.