Terms of Service

Legal

Important Notice

AZTECH TECHNOLOGIES PTE LTD AND ITS RELATED COMPANIES (COLLECTIVELY “AZTECH,” “WE,” “US,” OR “OUR”) HEREBY REMIND ALL USERS TO CAREFULLY READ AND UNDERSTAND THESE TERMS OF SERVICE AS THEY CONTAIN IMPORTANT INFORMATION PERTAINING TO YOUR LEGAL OBLIGATIONS, RIGHTS, AND REMEDIES, THE EXEMPTION FROM OR LIMITATION OF OUR LIABILITY, AND TERMS ADDRESSING HOW DISPUTES SHALL BE RESOLVED.

These Terms of Service govern the use or access by users (“User”, “you”, “your”) of our website (“Website”), mobile application and services (collectively referred to as “Services”) which may be used in conjunction with our hardware products (“Products”) or in other ways that we may provide. These Terms of Service constitute a binding legal agreement between you and Aztech (“Terms” or “Agreement”) and are to be read with our other supplemental agreements as specified herein (“Supplemental Agreements”).

By using or accessing our Products or Services or creating an Account (as specified in Section 1 below) you hereby represent and warrant that:

(i) you have read, understood and agreed to be bound by these Terms;
(ii) you are of legal age in your jurisdiction to enter into a binding agreement; and
(iii) if you are agreeing to these Terms on behalf of an organization or entity, you are authorized to agree and bind them to these Terms.

We reserve the right to amend any portion of these Terms at any time at our sole discretion and without notice. If any amendments are made to these Terms, we will publish them on this page and such amendments shall be effective as at the date of publication. Your continued use of our Products and Services after such amendments are published constitutes your acceptance of the new Terms. IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE STOP USING OR ACCESSING ANY OF OUR PRODUCTS AND SERVICES IMMEDIATELY.

1. Creating an Account

In order to use or access some of our Products or Services, you may need to create an account (“Account”). In doing so, you agree to (a) provide accurate, current and complete information about you when prompted (“Registration Details”); (b) maintain a secure password to prevent others from gaining access to your Account; (c) maintain and promptly update the Registration Details and any other information you provide to us to ensure they are current, accurate and complete; and (d) notify us immediately of any unauthorized use or suspected unauthorized use of your Registration Details or any other breach of security. You may not use anyone else’s Registration Details at any time without the express permission and consent of the holder of those Registration Details.

If you have created an Account to use or access our Products and Services, you understand and agree that you shall be responsible for all actions relating thereto and that you may be liable for losses or damages arising from your failure to keep your Account secure. Aztech shall not be liable for any such loss or damage arising from your failure to keep your Account secure.

2. Restrictions

The rights granted to you in these Terms are subject to the restrictions in any software license and service agreements provided with the Products and Services and the following restrictions: (i)you agree not to transfer, license, sell, rent, assign, lease, distribute, host or otherwise commercially exploit the Services or Products; (ii)you agree not to disassemble, decompile, change or reverse engineer any part of the Services or Products; and (iii)you agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Aztech.

3. Modification of Services

Aztech reserves the right to modify, suspend or discontinue the Services or any part thereof at any time with or without notice. You agree that Aztech will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof. Aztech reserves the right to modify or change the Services or any part thereof, your access and use of such Services and any applicable service terms with or without notice. Aztech will use reasonable efforts to notify you of any amendments  via the contact details you have provided to Aztech.

4. Cross-Border Use and Access

The Products and Services provided or accessed through or on our website may not be available to all persons or in all countries. If you choose to access the website from outside Singapore, you do so on your own initiative and at your own risk and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, Aztech accepts no responsibility or liability for any damage or loss caused by your use or access of the Products or Services from outside Singapore.

5. Reliability of Services

The Services are intended to complement the use and/or control of our Products and should not be relied on for time-critical information. The Services may be subject to disruptions for reasons outside of Aztech’s control such as Wi-Fi connectivity issues and service provider uptime. You acknowledge and agree that Aztech shall not be responsible for any damages caused or allegedly caused by disruptions to the Services.

You acknowledge and agree that the Services are not error-free or reliable all the time. The optimal functioning of the Services may be affected or interrupted by the device you use, data transmission and internet access and other factors which  are beyond the control of Aztech. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY CRITICAL PURPOSES.

The Services or any part thereof may be suspended for any period of time, without notice, for reasons such as security issues, maintenance and repair, or other circumstances. You acknowledge this and agree that you will not be entitled to any refunds or rebates for any suspension of the Services or any part thereof.

6. Requirements for Access and Use of Services

In order to access the Services, you will need to ensure that you have in place: (i) a functioning Wi-Fi network at the place you use our Products and Services; (ii) an Account to access the Services; (iii) a smart mobile device that can be used to download the mobile application to access the Services; (iv) sufficient bandwidth; and (v) other requirements that may be specified by Aztech from time to time. It is your responsibility to ensure that all such requirements are met and you acknowledge that failing to ensure that such requirements are met may result in you not being able to properly use or access the Services.

7. Information Provided

The Services may provide you with information relating to the Products linked to your Account (“Information”). Such Information is provided “as is” and “as available” and Aztech does guarantee its accuracy or currency.

8. User Information

Users who post or transmit information through the Services (“Content”) do so at the user’s own sole responsibility and risk and Aztech will not be liable for any errors or omissions in any Content. You acknowledge that when using the Services, you will be accessing such Content at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

9. Privacy and Data Protection

Aztech takes the protection of your personal information seriously which is why we have in place a Privacy Policy which details how we collect, use, disclose, process, and protect your personal information and data when you use our Products and Services. By agreeing to be bound by this Agreement, you also agree to the terms of our Privacy Policy.

Certain Products and Services that you use may collect video, audio, and other data. As the controller of some of the data that the Products and Services you use collect, you may be subject to the data protection and privacy laws of the jurisdiction applicable to you. This may give rise to certain obligations and/or responsibilities on your part. You agree to assume the responsibility of ensuring compliance with any applicable laws when using or accessing the Products and Services.

10. Use of Products

Some of our Products and Services come with instructions on their installation and use. It is your responsibility to follow such instructions and to ensure that the Products are maintained regularly (e.g. to charge or change a Product’s batteries) after installation.

AZTECH MAKES NO WARRANTY OR REPRESENTATION THAT ANY PRODUCTS MANUFACTURED OR SOLD BY US ARE COMPLIANT WITH INDUSTRY STANDARDS, LAWS, REGULATIONS AND/OR OTHER SPECIFICATIONS THAT MAY BE SET OUT BY RELEVANT AUTHORITIES HAVING JURISDICTION.

11. Third Party Vendors/Operators

Our Services may involve third party products and services at times, which may affect the reliability of the Services we provide. You acknowledge and agree that: (i) the use of and access to our Services or any part thereof may rely on third-party vendors or service providers who may not operate reliably all of the time and whose operations may affect the operation of our Services, (ii) the quality and performance of such third-party products and services are not within our control, and (iii) Aztech is not responsible for any loss or damage that is caused by the operation of such third-party products and services.

Our Website may contain links to other websites, operated by third parties, which may not be under our control. We do not make any warranties, representations or endorsements with respect to such third party websites.

Aztech shall not be responsible for the products and services of third parties, including, without limitation websites operated by third parties and the application stores from which you download our mobile application.

12. Ownership

All intellectual property rights such as copyright, trademark, patent, trade secret, etc. in the Products and Services (i.e., the Sites, Web Apps and Mobile Apps) are owned by Aztech and/or, as the case may be, its partners. Your use of and access to the Products and Services do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Aztech and, as the case may be, its Partners, reserve all rights not expressly granted to you in these Terms. There are no implied licenses under these Terms.

You agree and acknowledge that you have read, understood and agreed to the terms of the Software License and Service Agreement which govern your downloading, installation and use of our mobile application and services provided thereunder. You may not use the content of the Services for a commercial purpose or in a public way or copy any the content of the Services without our express written consent.

13. INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD AZTECH AND, AS THE CASE MAY BE, ITS PARTNERS, HARMLESS FROM AND AGAINST:

(I) ANY THIRD PARTY CLAIMS AGAINST ANY OF THE AZTECH PARTIES ARISING FROM OR RELATING TO (A) YOUR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES; (B) YOUR BREACH OF THESE TERMS; (C) ANY FEEDBACK YOU PROVIDE; OR (D) YOUR CONTRAVENTION OF ANY LAW OR INFRINGEMENT OF ANY THIRD-PARTY RIGHTS (COLLECTIVELY, ”THIRD PARTY ACTION”); AND

(II) ANY AND ALL RELATED DAMAGES, LOSSES, COSTS AND FEES INCURRED BY AZTECH OR ANY OF ITS PARTNERS RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION.

14. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS”. AZTECH, AND AS THE CASE MAY BE, OUR PARTNERS, DISCLAIM ALL IMPLIED OR EXPRESS WARRANTIES AND CONDITIONS OF ANY KIND. AZTECH MAKES NO REPRESENTATIONS AND WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLIANCE, OR LEGALITY OF ANY CONTENT OF THE SERVICES.

15. Limitation of Liability

IN NO EVENT WILL AZTECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF AZTECH KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL AZTECH BE LIABLE IN ANY WAY FOR ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH THE USE OF OR ACCESS TO ANY CONTENT STORED, PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

16. Dispute Resolution and Governing Law

You agree that the laws of the Republic of Singapore, without reference to the principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Aztech. In the absence of relevant legal provisions, international business practices and/or business practices may be used as references.
By using or accessing the Products and Services, both you and Aztech agree that any dispute arising from the use of or access to our Products and Services shall first be settled through consultations between the parties. If no settlement can be reached through such consultations, both parties agree to submit said dispute or claim under this Agreement to the exclusive jurisdiction of the Singapore Courts. Notwithstanding the foregoing, Aztech has the right at any time to seek a temporary or permanent injunction or other equitable remedy or relief.

17. General

17.1 These Terms are to be read with the relevant Supplemental Agreements such as our Software License and Service Agreement which govern your use of our mobile application, and our Privacy Policy. Certain features of our Services may be subject to additional terms which will be presented to you before your use or access of such Services. Such additional terms are also incorporated into these Terms by reference.

17.2 Any failure by Aztech to exercise or enforce any right or provision of these Terms shall not be deemed as a waiver of such right or provision. The headings of all sections in these Terms are for ease of reference only and in themselves contain no practical significance; they shall not be used in interpreting the meaning of these Terms.

17.3 Any provision of this Agreement which is prohibited by applicable laws or by any court decrees shall be ineffective to the extent of such prohibition, but such provision shall not in any way invalidate or affect the remaining provisions of this Agreement.

17.4 These Terms and any associated rights or obligations, may not be assigned or otherwise transferred by you without Aztech’s prior written consent. These Terms may be assigned by Aztech without restriction. These Terms are binding upon any permitted assignee.

17.5 Your legal rights may vary based on the jurisdiction you are in. Where the jurisdiction applicable to you does not allow the exclusion of certain implied warranties or the limitation of indirect damages or any other rights, the provisions relevant to such exclusions and limitations of these Terms may not apply to you.