Terms & Privacy
Last updated: 28 November 2019
The following Terms of Service (“ToS”) and Privacy policies are applicable to Treebox Talk app only. White-labelled apps will be governed by their own organisation and contractual agreement with TreeBox or its authorised System Integrator(s) and will supersede this set of standard ToS and Privacy policies.
TREEBOX TERMS OF SERVICE
This TreeBox Terms of Service (“ToS”) is a legal agreement between our company, TreeBox Solutions Pte. Ltd. (Company Registration No. 201100585R), a company incorporated in Singapore (“TreeBox”, “we”, “us” or “our”) for providing OnTalk® – our secure mobile communications services and all releases, upgrades, updates, white-labelled versions and versions of the same (“our Services”) to you (either an individual or a single entity) (“you”). You agree to be bound by this ToS by installing, copying or using our Services. If you do not agree to all the Terms in this ToS, you shall not download, install, copy or use our Services.
- About Our Services
- You shall use our Services solely for securing mobile communications for your own internal business purposes and/or any mutually agreed purposes. You acknowledge that you are licensed to use our Services only in accordance with the express terms of this ToS and not further otherwise.
- We reserve the right to change, modify, suspend or discontinue all or any part of our Services thereof at any time or upon notice as required by local laws.
- We may release certain additional services or features in a beta version, which may not work correctly or in the same way as the final version, and we shall not be held liable in such instances.
- We may impose limits on certain features or restrict your access to parts of, or the entire, our Services in its sole discretion and without notice or liability.
- We reserve the right to modify this ToS at any time. Express acceptance by you, as evinced by your use of our Services subsequent to a change shall constitute your acceptance to be bound by the terms of revised ToS.
- We reserve all rights not expressly granted to you.
- Notwithstanding anything to the contrary, if you and us have both executed a written agreement which governs access to or use of our Services, then the terms of that agreement shall govern and control to the extent there is a direct conflict between the terms of this ToS and the terms of that agreement.
- The Terms in this ToS shall govern any upgrades of our Services provided by us that replaces or supplements our Services unless such upgrade is accompanied by a separate agreement, in which case the terms of that new agreement shall govern.
- Use of our Services
- In order to use our Services, you are required to go through a registration process. As part of registration process, you are required to provide your current mobile phone number and/or a valid email address. You agree to receive SMS, Instant Messages or emails (from TreeBox) with codes to register for our Services.
- You must be at least above age of 18.
- You must provide certain devices, software and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to download and install our updates to our Services, including automatically.
- You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes, in the form of a subscription payment or a license fee. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
- You acknowledge that our Services shall expire upon the expiration or termination of this ToS and/or termination of your subscription payment or license fee, and that upon expiry of our Services, our Services will cease to operate on the equipment unless and until another agreement has been made or you renew your subscription payment or licence fee for our Services.
- Acceptance use of our Services
- You shall use our Services according to our ToS and posted policies. If we disables your account for a violation of our ToS, you will not create another account without our express permission.
- You shall use our Services for the sole purpose of securing mobile communications on your equipment. Unless expressly stated otherwise, our Services may only be used in connection with your equipment registered with our Services.
- You must access and use our Services only for legal authorised and acceptable purposes.
- You shall not (or assist others) access, use, copy, adapt, modify, prepare derivative works based upon, reproduce, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair or harm us.
- You shall not directly or indirectly reverse engineer, alter, modify, create derivative works from, decompile, or extract code through or onto our Services.
- You shall not remove or alter any patent, trademark, logo, copyright or other proprietary notices in our Services.
- You shall not combine or merge our Services (or any part thereof) to become incorporated in any other program, or arrange or create any derivative works based on it.
- You shall not use our Services or make our Services available to any third party or permit a third party to do so.
- You shall not gain or attempt to gain unauthorised access to our Services or systems.
- You shall not interfere or disrupt the integrity and performance of our services.
- You shall not create accounts for our Services through unauthorised means.
- You shall not collect information of or about our users in any impermissible or unauthorised manner.
- You shall not sell, resell, rent or charge for our Services, without our express approval.
- You shall not distribute or make our Services available over a network where they could be multiple devices at the same time, without our express approval.
- You shall not use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third party.
- You shall not use our Services in any manner which would be in breach of applicable laws and regulations.
- We will assume that any use of our Services made using your user name and password is you, and you will be responsible for any such use. You shall: (a) use best efforts to prevent unauthorised access to or use of our Services, including keeping all passwords and user names confidential, and prevent any third party from accessing or using its user name(s), password(s) and account(s) for our Services; (b) be solely responsible and liable for all activity conducted through your account(s) in connection with our Services; and (c) notify us promptly if you become aware of or reasonably suspects any security breach, including any loss, theft or unauthorised disclosure or use of your user name(s), passwords(s) or account(s) for our Services. We are not liable for any loss or damage arising from unauthorised use of your password and your failure to comply with this section.
- Our Services may allow you to access, use or interact with third party services such as Google Drive or iCloud through a share button. Please note that when you use third party services, their own terms and privacy policies will govern your use of those services.
- We do not claim ownership of the information that you submit for your OnTalk® account or white labelled versions of OnTalk® or through our Services.
- We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, trade secrets, patents and other intellectual property rights unless you have our express permission.
- In order to operate and provide our Services, you grant us a world-wide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivate works of, display and perform the information (including the content) that you upload, submit, store, send or receive on or through our Services. The rights you grant in this license are for limited purpose of operating and providing our Services such as transmitting your messages via our servers and storing undelivered messages on our servers for up to thirty (30) days.
- We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms in this ToS. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our ToS. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
- Limitation of Liability
- The maximum aggregate liability from us for any damages, breach of warranty, and any liability arising under any indemnity under this ToS shall under no circumstances exceed the total amount of license fees paid for your individual use of our Services in the thirty days prior to the occurrence giving rise to such claim or action.
- Under no circumstances shall we be held responsible or liable under this ToS for any incidental, special, indirect or consequential damages (including, but not limited to, damages for the inability to use our Services, loss of business, loss of profits, business interruption, corruption or loss of data, failure to transmit or receive any data) arising out of or related to your use or inability to use the our Services or services of any third party software, hardware, or applications in conjunction with our Services, or otherwise under or in connection with the provisions of this ToS even in the event of fault, tort (including negligence), misrepresentation, product liability, breach of contract, or breach of warranty, even if we have been advised of the possibility of such damages.
- You agree to defend, indemnify, and hold us harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our ToS; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
- YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. TREEBOX IS PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. TREEBOX DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. TREEBOX DOES NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. TREEBOX IS NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE TREEBOX, TREEBOX’s SUBSIDIARIES, AFFILIATES, AND TREEBOX AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “TREEBOX PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
- This ToS is personal to the parties and as otherwise expressly provided, neither this ToS nor any rights, licenses or obligations under it may be assigned or transferred by either party without the prior written approval of the other party.
- Notwithstanding the foregoing, we may assign its rights and obligations under this ToS to any acquirer of all or of substantially all of our equity securities, assets or business relating to the subject matter of this ToS or to any entity controlled by, that controls, or is under common control with us.
- Unless a mutually executed agreement has been made between you and us that states otherwise, our ToS makes up entire agreement between you and us regarding our Services and supersede any prior agreements.
- We may ask you to agree to additional terms for certain of our Services in the future.
- We may amend or update our terms in our ToS. We will provide you notice of amendments to our ToS, as appropriate. Your continued use of our Services confirms your acceptance of our ToS, as amended. If you do not agree to our ToS, as amended, you must stop using our Services. Please review our ToS from time to time.
- Legal Compliance
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. or U.K. Government embargo, or that has been designated by the U.S. or U.K. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.K. or U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable export laws and regulations of all jurisdictions with respect to our Services and obtain, at your own expense, any required permits or export clearances. We shall have no liability for any unauthorised export of our Services.
- Governing Law & Arbitration
- This Terms shall be deemed to be made in Singapore and shall be governed by and construed in accordance with the laws of the Republic of Singapore.
- Any dispute as to any matter arising under, out of, or in connection with this Terms shall be referred to and finally determined by arbitration at the Singapore International Arbitration Centre (“SIAC”) and in accordance with its Domestic Arbitration Rules.
- Effect of Notice and Changes to Notice
- This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the use of our Services by you.
- We may revise this Notice from time to time without prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our Services constitutes your acknowledgement and acceptance of such changes.
Last updated: 02 May 2019
“Personal Data” means information about you, from which you are identifiable, including but not limited to your name, telephone number, email address, your occupation, your designation in your company, your company details, the industry in which you work in, your profile picture, any information about you which you have provided to us during registration process and/or any information about you that has been or may be collected, stored, used and processed by us from time to time. The provision of your Personal Data is voluntary. However, if you do not provide us your Personal Data, we will not be able to provide you our Services or products / information which you request.
We collect personal data from you and any devices (including mobile devices) when you provide it to us in one or more of the following ways:
- when you register to download and/or use the resources which we make available on the Site;
- when you request to be included in our mailing list;
- when you respond to our promotions or campaigns, or when you register to attend our events;
- when you communicate with us, for example, to report a problem or to submit queries or comments regarding Our Services or our products and services;
- when you request for Our Services and in the course of performing our obligations in connection with our provision of our Services requested by you;
- when we need to verify your identity;
- when we need to manage your relationship with us and/or
- when you submit your personal data to us for any other reason.
You are under no obligation to provide personal data to us. However, if you choose to withhold the requested personal data, we may not be able to provide you with Our Services or certain aspects of Our Services.
The Personal Data which you provide to us will be used for the following purposes:
- delivering Our Services, including personalising your experience at customer touchpoints and/or registering for delivery of Our Services;
- operating, maintaining, developing and improving Our Services;
- administering your account with us;
- communicating with you and responding to your queries, complaints and other customer-service related matters;
- monitoring and analysing trends and usage;
- sending information, promotions, updates and marketing materials to you in relation to our company and/or our products and services, provided you have indicated that you do not object to being contacted for these purposes;
- enforcing our legal rights and remedies; and
- any other purposes as permitted by applicable law or with your consent.
We may disclose your personal data to the following third parties:
- our related companies and third party service providers who assist us in providing Our Services and/or who perform certain services on our behalf such as processing transactions, updating marketing lists, analysing data, hosting Our Services and providing support services. The external service providers will only have access to your personal data to the extent necessary to perform their functions;
- our professional advisors (including accountants, auditors and lawyers);
- governmental and regulatory authorities and law enforcement agencies as required or authorised by applicable law.
We do not sell any of your Personal Data to third parties’ marketing or advertising purposes that is unrelated to TreeBox.
Third Party Information Gathering
Some aspects of Our Services may utilise third party services, such as Google Analytics and/or Mailchimp, for web analytics and user activity tracking. To learn more about Google Analytics and how it collects and processes data, please go to www.google.com/policies/privacy/partners.
The third party service providers that administer the web analytics and user activity tracking services use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use Our Services. The information collected through these means (including IP address) will be used by the third-party service provider to evaluate use of Our Services and compile reports on user activity which will be provided to us for analytical purposes. You may deactivate the ability of these third party service providers to analyse your browsing activities on the Service.
In addition to using cookies and related technologies as described above, we may permit certain third party services, such as Google Adwords remarketing service, to collect and use other data about user activities to help us tailor advertising that we think may be of interest to you based on your use of our Site and/or Service. These companies may deliver ads that might also place cookies and otherwise track user behaviour.
Third Party Sites and Applications
Our Services may contain links to websites, resources and applications of third parties. Please be aware that we are not responsible for the privacy practices of these third parties. We encourage you to read their privacy policies so you can understand their privacy practices.
We may use “cookies” to collect information when you access or use Our Services. A cookie is a small file that stays on your computer or device until, depending on whether it is a sessional or persistent cookie, you switch off your computer or device or you delete the cookie. Cookies may collect and store or track information about your use of Our Services and your preferences, although such information is generally not personally identifiable. You may instruct your browser to refuse all cookies or to indicate when a cookie is being sent. If cookies are disabled you may still use Our Services, but the use of some features may be limited.
We have put in place reasonable security measures and follow industry best practices to make sure that your personal data is protected against unauthorised or accidental access, processing, erasure, alteration, disclosure, loss or use. While we cannot ensure or guarantee that the aforementioned would never occur, we will use all reasonable efforts to prevent the same.
You should bear in mind however that no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot guarantee the security of personal data you submit to us while it is in transit over the internet and any such submissions are at your own risk.
If you disagree with any of the clauses, please do not continue use of Our Services and/or do not proceed with the installation of our applications.
Last updated: 2 May 2019
TREEBOX SOLUTIONS PTE. LTD