PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING WHOSENTWHAT SERVICES AND WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT USE THE SERVICES OR ACCESS THE WEBSITE.
Last Updated - 29th October 2023
Your use of WhoSentWhat's services, including the services WhoSentWhat makes available through this website, including this website and any content made available through this website (collectively the "Service") is governed by these terms and conditions (the "Terms"). Please read these terms carefully before using the Services. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and representing that you have the authority to bind that organisation to these terms. In that case, "you" and "your" will refer to your organisation.
You may use the Services only in accordance with these Terms. You may use the Services only if you have the legal power and capacity to form a contract with the Company. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion. You may not access the WhoSentWhat Services if you are our direct competitor, except with our prior written consent.
You must follow the policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
We may, at our discretion, periodically change the description or content of our services in order to reflect changes to the service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the services or better address a perceived need among our customers.
In the course of using our Service, you may be required to provide WhoSentWhat with your personally identifiable information, including contact information, username and password ("Credentials"). WhoSentWhat will handle such information with the utmost attention, care and security. Nonetheless, you, not WhoSentWhat, shall be responsible for maintaining and protecting your Credentials in connection with our Service. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify WhoSentWhat of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify WhoSentWhat immediately.
By making available any user generated content ("User Content") through our Site or Service, you hereby grant to WhoSentWhat a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site or Service.
Any links to third party sites displayed on WhoSentWhat sites are to be used at your own risk, and you explicitly agree that you will not hold us liable in any way for your use of such third party sites. WhoSentWhat does not support, endorse, or warrant the accuracy or legitimacy of these third party sites, and any use of such sites may be governed by other terms and conditions, which you should review before using such sites.
WhoSentWhat may at any time, in its sole discretion, suspend, modify or terminate all or part of the Service, terminate this Agreement, or suspend or terminate Your participation, in all or part of the Service for any or no reason.
You agree not to disclose WhoSentWhat Confidential Information without WhoSentWhat's prior written consent. "Confidential Information" means any information disclosed or made available to you by WhoSentWhat, directly or indirectly, whether in writing, orally or visually, other than information that: (a) is or becomes publicly known and generally available other than through your action or inaction or (b) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from WhoSentWhat.
You agree to indemnify, defend and hold WhoSentWhat and its officers, directors, shareholders, successors, affiliates, employees, agents and representatives harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any breach of any of these Terms of Service or any Program Terms. WhoSentWhat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
IN NO EVENT SHALL WHOSENTWHAT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOST DATA OR LOST PROFITS, EVEN IF WHOSENTWHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
ALL SERVICES PROVIDED BY WHOSENTWHAT ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHOSENTWHAT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Neither party will be liable for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
This constitutes the entire agreement between the parties and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral, regarding the subject matter. No modification, course of conduct, amendment, supplement to or waiver of this Agreement or any provisions hereof shall be binding upon the parties unless made in writing and duly signed by both parties.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Each party is an independent contractor. Except as set forth in this Agreement, neither party is authorized or empowered to obligate the other or incur any costs on behalf of the other without the party's prior written consent.
This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. For any matter related to the interpretation or execution of this Agreement, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the exclusive jurisdiction of the federal and state courts located in Singapore.
Any notice, communication or statement relating to these Terms of Service for either party shall be in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by verified facsimile transmission or verified e-mail; or (iii) hand delivery, with acknowledgement of receipt, transmission, in each case to the other party’s address set forth herein