Legal

Reviewed: 5 March 2020

TERMS AND CONDITIONS FOR USE OF GROUND LABS WEBSITE AND SOFTWARE

Please review the following terms and conditions concerning your use of this site and the software distributed therein. By using this site, and materials downloading therein, you agree to these terms and conditions. Ground Labs reserves the right to change these terms and conditions from time to time at its sole discretion.

General

These terms and conditions apply to the groundlabs.com website (referred to herein as the “Web Site”) of Ground Labs Pte Ltd (referred to herein by “we”, “us” and “our”). The URL’s for this Web Site include, but are not limited to:

www.groundlabs.com

These terms and conditions apply to all websites owned and operated by Ground Labs. These terms represent the entire understanding relating to the use of the Ground Labs web site and prevail over any prior or contemporaneous, conflicting or additional communications.

Any action related to this Website will be governed by Singaporean law. No choice of law rules of any jurisdiction will apply.

PLEASE ENSURE YOU UNDERSTAND THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE AND/OR ANY GROUND LABS SOFTWARE.

By using or accessing the Web Site you signify that you have read and understood and accept all terms and conditions governing this Web Site or any part thereof, including without limitation any and all disclaimers, rules, guidelines and privacy policies or statements, which terms and conditions shall take effect immediately on your first use of the Web Site, and you agree to abide by the same. You also consent to receive required notices and transact with us electronically

The Web Site and any information or software contained or referred to therein, and throughout these terms and conditions this means to include without limitation all names, facts, figures, procedures, images, graphics and any other type of content whatsoever, is provided “AS IS”, “WITH ALL FAULTS” and on an “AS AVAILABLE” basis without any representations or warranties of any kind, whether express or implied by law, to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, merchantability, non-infringement, compatibility, security, effectiveness, reliability, timeliness, accuracy and completeness, and without any obligation on our part, whether express or implied, to ensure that the Web Site and any such information or software contained or referred therein meet any expectation or requirements whatsoever.

If you do not agree to be legally bound by all the terms and conditions of this Web Site you should not, and are not permitted to, access or use this Web Site and/or Ground Labs software.
Any headings of clauses or provisions in these terms and conditions are included for convenience and clarity only and are not to be used to limit or restrict the validity, enforceability, scope or meaning of these terms and conditions or any clause or provision thereof.

PRIVACY

The receipt, use and storage by us of any personal details you may provide to us during your use of and access to the Web Site is governed by our privacy policy, which you hereby accept and agree with. Our privacy policy is subject to these terms and conditions.

We try our best to protect your privacy and any personal information (such as name, address, email address, phone, etc.) you may have provided to us is kept confidential. However, as a result of your use, access to or participation in the Web Site, some information of a personal or private nature may enter the public domain. For example, you may lose some privacy by posting a question or answer which shows your facts or your view of the facts.

USE ALLOWED

The Web Site and any information or software contained or referred to therein may only be used and accessed upon agreement and in accordance with these terms and conditions. You may only use or access the Web Site for lawful, personal and non-commercial purposes in a manner that does not infringe the rights of third parties or restrict or inhibit the use and enjoyment of the Web Site by any other person, and only to the extent reasonably necessary to take cognisance of or contribute information contained or referred to in the Web Site.

USE NOT ALLOWED

You are not permitted and you agree that you will not use the Web Site or any part thereof to advertise or disseminate a commercial message or any duplicative or unsolicited messages, or to disseminate any information (in the broadest sense and including any type of content as well as software, programmes and other computer code), whether directly or indirectly and whether knowingly or not, that is or may be inconvenient, disruptive, distressing, intimidating, harassing, threatening, abusive, degrading, indecent, sexually oriented, vulgar, obscene, offensive, libellous, slanderous, defamatory, hateful, racial, malicious, false, inaccurate, deceptive, fraudulent, invasive, infringing, tortious, illegal or unlawful in respect of any other person or the rights, privacy, dignity and well-being of any other person, or that constitutes or promotes unequal treatment of any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

GENERAL

We are not under any obligation to provide or continue to provide the information contained in or access to the Web Site. We may change, functionally limit or discontinue the Web Site or any part thereof at any time and without notice.

EXTERNAL REFERENCES

The Web Site may mention, refer to or contain advertisements of, or may provide external hypertext links to other persons, websites, information, products or services. No such mentioning, reference, advertisement or link constitutes or should be construed as any affiliation or endorsement of any third party, web site, product or service. External hypertext links provided by us are provided as a convenience and we do not control, are not responsible for and do not routinely screen, approve, review or endorse any of the persons, websites, information, products or services to which such links refer. When deciding to transact business with any third party, visit any external website or purchase any product or service you should do your own independent research and not rely on the information found on the Web Site. You acknowledge and agree that we are not responsible or liable for any third parties or their websites, information, products or services. Any dealings that you have with advertisers found on the Web Site are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or damage you may claim against an advertiser.

NO RELIANCE OR ADVICE

The information or software contained in or referred to in the Web Site may be outdated, inaccurate and/or incomplete, and we are not obliged to ensure that the same is updated, accurate or complete. The information contained and accessed on the Web Site is provided as general guidance or general information of interest, and is not intended to replace or serve as a substitute for, and does not constitute, any professional advice, consultation or service. You should not rely only upon any information on the Web Site, and you should review and consider information on the Web Site in the light of your own independent research, and judge the merits of the information for yourself. We do not guarantee the veracity, reliability, accuracy or completeness of any information provided on the Web Site. Nothing transmitted to or from this website constitutes the establishment of a professional-client relationship between you and us or any person contributing information to the Web Site.

CONTRIBUTIONS

The information contained in or referred to in some parts of the Web Site is contributed by third parties who access, use and/or participate in the Web Site. Membership, registration or proof of identity is not or may not be required for such third party contributors to contribute information to the Web Site. Such third party contributors may, unintentionally or even intentionally, contribute information which contains errors or omissions, is inaccurate or incomplete, or even misleading or deceptive, or is defamatory or offensive. The information provided by such third party contributors expresses solely their opinions and should in no event be construed as reflecting our opinion.

Other information contained in or referred to in some parts of the Web Site may be contributed by authors on our request or pursuant to a contractual relationship with us. The provision of information contained in or referred to in the Web Site pursuant to any request by us or contractual relationship with us is intended solely to enhance the quantity of information contained or referred to in the Web Site. Any information contributed by such authors may not be accurate or complete, may be defamatory or offensive, and expresses solely their opinions and should in no event be construed as reflecting our opinion.

We are under no obligation to monitor, pre-screen or censor contributions made by such third party contributors or authors, and cannot always effectively do so because information can be contributed in real time. You agree and understand that such third party contributors or authors who may contribute information to the Web Site are not by virtue of their contribution affiliated with, employed by or agents of us and that we make no representations as to the qualifications of any such person. We do not make any representation or warranty with respect to the qualifications or the information contributed by such third party contributors or authors. We are not responsible for any errors or omissions, or any inaccuracies or incompleteness, or any defamatory or offensive elements in any information contributed by such third party contributors, or for any results obtained from the use of such information, and we are not liable for any loss or damage caused, whether in whole or in part, by your reliance on such information. If you do rely on such information in any way you have made a conscious, willing, free, and personal decision to do so at your own risk.

ADMINISTRATION AND MODERATION

We may use any technical means to prevent unsolicited bulk communications from entering, utilising or remaining within our computer or communications networks even if doing so may result in a disabling of your account, whether partially or completely and temporarily or permanently.

We reserve the right to disclose individual account or user information to any relevant third party (such as the authorities or your employer, school, internet services provider) when we are required or ordered to do so by law or by any competent court or authority, or when we have reason to believe that disclosing this information is necessary to identify, contact, stop or bring legal action against any person who may be seriously or repeatedly violating these terms and conditions or who may be infringing our rights, property or interests or those of third parties. Without prejudice to the generality of the foregoing, the contribution of any apparent pornography involving minors will be reported to the authorities together with any and all data we have in relation to the contribution thereof.

RESULTS

We do not make any representation or warranty, whether express or implied by law, to the extent permitted by law, that the results that may be obtained from the use of the Web Site and any information or software contained or referred to therein will be of satisfactory quality, fit for a particular purpose, merchantable, non-infringing, compatible, secure, timely, accurate or complete.

USE OF SOFTWARE

To the extent that Ground Labs provides for the download of software, such software is protected by the applicable copyright, patent or other intellectual property rights of Ground Labs. Any use of the software is subject to the terms of the applicable license agreement.

Where the use of Ground Labs software is bound by license, the following conditions apply:

Host license
Use of the software is restricted to the host system specified at the time of license issuance. The software may not be used past the license expiration date.

For the purpose of this section, a host system may be defined as a single operating system instance, independent of underlying hardware, physical or virtual.

Distribution of Ground Labs software to entities other than the entity specified within the license is not permitted.

Circumvention of these conditions via technical or other means constitutes a willful violation of copyright which will be prosecuted to the extent of the law. Ground Labs reserves the right to pursue civil damages where possible.

ACCESS AND SECURITY

We do not represent or warrant, and hereby disclaim any representations or warranties, whether express or implied by law, to the extent permitted by law, that the provision of and access to the Web Site and any information or software contained or referred to therein will be accessible, uninterrupted or error-free, that defects will be corrected, or that the Web Site or the server that makes it available are free of viruses or other harmful components, or that you have the ability to transmit and receive information from or through the Web Site.

TRADEMARKS

“Ground Labs”, “Card Recon”, the Ground Labs logo and design, the Card Recon logo and design, and all other art and graphics used on Ground Labs web operated websites and software are trademarks of Ground Labs Pte Ltd. Use of these trademarks is forbidden without prior written consent of Ground Labs.

COPYRIGHT

The contents of this site are subject to protection under Singaporean and foreign copyright laws. You may not copy or distribute any portion of this site except as necessary to view this site.

DISCLAIMER

Although Ground Labs has attempted to provide accurate information on this Web site, information on this Website may contain technical inaccuracies or typographical errors. The contents of any documents on this Web site are believed to be current and accurate as of their publication dates. Ground Labs assumes no responsibility for the accuracy of the information. Ground Labs may change the programs or products mentioned at any time without notice. For the most current and complete documents, please contact Ground Labs directly. Mention of non-Ground Labs products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. GROUND LABS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

GROUND LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY GROUND LABS PRODUCT, OR DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GROUND LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR ACCESS TO, USE OF AND/OR PARTICIPATION IN THE WEB SITE AND ANY INFORMATION OR SOFTWARE CONTAINED OR REFERRED TO THEREIN. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL ANY LIABILITY ON OUR PART EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR ACCESS TO, USE OF OR PARTICIPATION IN THE WEB SITE AND ANY INFORMATION OR SOFTWARE CONTAINED OR REFERRED TO THEREIN OR AN AMOUNT OF SGD $1 (ONE SINGAPOREAN DOLLAR), WHICHEVER IS THE LOWER.