By using and continuing to use the “Nofity Beneficiary” Service (“Service”), you agree to be unconditionally bound by the terms of service (“TOS”) set out below which may be updated by us in our sole discretion from time to time without notice to you. You agree that your continued use of the Service after such update will constitute your acceptance of and agreement to be bound by the updated TOS.
We will from time to time determine or specify the scope and features of the Service and are entitled to modify, expand, suspend, reduce or withdraw the Service without notice to you and without giving any reason thereof. We shall not be responsible or liable to you for any expense, loss, damage, liability or other consequence suffered by you or incurred by you in connection with any such action.
Please note that the service does not automatically send a notification on your behalf in relation to recurring fund transfers. You will still need to initiate the sending of the notification at the relevant date.
2. No illegal or harmful uses
2.1 All information, data, text, messages or other materials ("Content") transmitted via the Service, are your sole responsibility. You, and not us, are solely and entirely responsible for the form, content and accuracy of all Content that you upload, post, email or otherwise transmit (collectively, “transmit” and each act a “transmission”) via the Service. We do not assume the obligation to remove, validate, screen, verify or edit the Content.
2.2 You may not use the Service or transmit, distribute, market, publish, display or sell any Content in violation of any applicable law or regulation (foreign or domestic) or are harmful in nature.
2.3 The kinds of illegal or harmful conduct which are prohibited include but are not limited to the following:
(a) impersonating or falsely stating or otherwise misrepresenting your affiliation with, any person or entity;
(b) forging headers or otherwise manipulating any identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
(c) transmitting material that is unlawful, libellous, defamatory, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
(d) infringement of intellectual property rights or other proprietary rights including, but not limited to, material protected by copyright, trademark, patent, trade secret or other intellectual property right used without proper authorization;
(e) offering or disseminating fraudulent goods, services, schemes, or promotions;
(f) fraudulent submission or use of personal or financial information or engaging in any practice that constitutes an unfair or deceptive trade practice;
(g) transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) transmitting any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
(i) "stalking" or otherwise harassing another person.
2.4 We reserve the right to restrict or prohibit any and all activities, conduct or Content that we determine in our sole discretion may be harmful to our systems, network, reputation, good will, our other customers, or any third party.
3. Risks/ Liability
3.1 You acknowledge that your use of the Service may, at any time, be adversely affected by problems with your computer (or such other access device) or the internet, including, without limitation, interference to the network coverage, undeliverable messages or delay in transmission due to any reason such as excessive network traffic, service interruption or incorrect data transmission.
3.2 You acknowledge that all transmissions cannot be guaranteed to be completely secure and can be intercepted by third parties and may not be immediately received by the intended recipient. Consequently, you understand that you should not post any private information (whether yours or the recipient’s) unless you want it to be available publicly. You are aware that the Content transmitted by you may be subsequently forwarded to a third party by the recipient.
3.3 We will not inform you nor track on your behalf the status of any transmissions. We will not inform you if any Content is undeliverable. We will not accept or respond to any query on the same.
3.4 You are aware that you must enter the correct email address for the intended recipient of the Content you transmit. You are also aware that we cannot retract or recall any Content once it has been transmitted.
3.5 You understand and agree that your use of the Service is at your own risk and we shall not be responsible or liable to you for any expense, loss, damage, liability or other consequence suffered or incurred directly or indirectly by you, including without limitation, any loss, damage, liability or other consequence arising from or as a result of any connection failure, interruption or delay in transmission (including but not limited to any difficulties experienced by your internet service provider(s)).
3.6 You shall indemnify us and keep us indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by us in providing the Service to you.
4.1 No failure or delay by us in exercising or enforcing any right or option under these TOS shall operate as a waiver thereof or limit, prejudice or impair our right to take any action or to exercise any right as against you or render us responsible for any loss or damage arising therefrom.
4.2 If any one or more of the provisions in these TOS are deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
5. Applicable Law and Jurisdiction/ Third Party Rights
5.1 These TOS shall be governed and construed in all respects in accordance with the laws of the Singapore but in enforcing these TOS we are at liberty to initiate and take actions or proceedings or otherwise against you in Singapore or elsewhere as we may deem fit, and you hereby agree that where any actions or proceedings are initiated and taken in Singapore, you shall submit to the jurisdiction of the courts of Singapore in all matters connected with your obligations and liabilities under or arising out of these TOS.
5.2 A person who is not a party to any agreement governed by these TOS has no right under the Contracts (Rights of Third Parties) Act (53B) to enforce any terms herein.