Cloud ERP

Terms & Conditions

Last Updated Date: 1st July 2016

1. Definitions

1.1 “Company” means Cloude8 Pte Ltd (a company incorporated under the laws of the Republic of Singapore and holding registered company number: 201509275C), whose registered office is at 143 Cecil Street 03-01 GB Building Singapore 069542 including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to the Company.

1.2 “Website” means – the entire web site accessible at or through www.cloude8.com including any web portal, job portal, e-commerce portal, BYOB-business portal, and the content contained therein, as well as any program for accessing the same through mobile technology, where such portals or content are under the editorial control of authorized members of the Company.

1.3 “Service” means any service or procedure used/provided by the Company to any Member and includes, but is not limited to: information, products and services provided by telephone, fax or mail, on the Website or by E-mail, further details of which are contained within these Terms and Conditions and in other parts of the Website. - >- “Third Party” or “Third Parties” means – person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of these Terms and Conditions, as being other than the Company or a Member.

1.4 “Your Information” means – any information you provide to us or any other User in relation to or in connection with any Service including information provided during registration, demo system sign up and any other communication processes arising as a result of your use of any Service or the Website.

3. Privacy and data protection and exchange of information

3.1. You expressly consent to uses and disclosures of Your Information as set out by the Personal Data Protection Act in Singapore.

3.2. More details of the Personal Data Protection Act can be found here https://www.pdpc.gov.sg/legislation-and-guidelines/overview

3.3. The Company holds Your Information on a database and as part of the business System strictly in accordance with its Privacy Policy.

3.4. If for any reason you do not wish any or all of Your Information to be used in the way set out in these Terms and Conditions then please do not use the Services of the Company.

4. Disclaimer of warranties

4.1 The Website and the Services are provided on an “as is” and “as available” basis and the Company makes no warranties or representations, whether express or implied, in relation to the Website or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

4.2. The Company makes no warranty that the Website or use of the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.

4.3. No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website or the Services or that any defects in the Website or the Services will be corrected and you understand and agree that any material or data obtained through use of the Website or the Services is at your own discretion and risk.

5. The company’s rights

5.1. The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website or any Service without notice to you and you confirm that the Company shall not be liable to you or any Third Party for any modification to or discontinuance of the Website or the Service.

5.2. The Company may amend these Terms of Use from time to time and shall post such amendments on the Website and shall update the date upon which these Terms of Use were last modified. Your continued use of the Website and any Service after the date of each amendment will constitute your acceptance of the amended Terms of Use.

5.3. The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company.

5.4. In the event of the Company’s publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond the Company’s control, the Company may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.

6. Indemnity

6.1. You agree to indemnify the Company forthwith on demand and hold the Company harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the provision of Your Information (regardless whether such information is your own personal information or personal information of another person) or from your use of the Website or any Service.

7. Limitation of liability

7.1. Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal injury resulting from the negligence of it or its employees, servants or agents acting in the course of their employment.

7.2. You acknowledge that the Company has no effective control over the information that can be accessed by using the Website and any Service, and that the Company may not be in a position to examine your use of the Services or the nature of the information you are sending or uploading, and you shall therefore not hold the Company liable in any way in relation to the transmission or reception of any such information.

7.3. The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete and such information may contain inaccuracies, typographical, human and/or machine errors, or omissions.

7.4. The Company shall not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or any Service.

7.5. Where you rely or act upon any of the information contained within the Website or any Service, you do so entirely at their own risk.

7.6. E-mails that are automatically generated from information provided by Users are not under the editorial control of the Company and therefore do not necessarily reflect the opinions, positions and/or beliefs of the Company.

7.7. The Company is not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of E-mails that are not under the editorial control of the Company.

7.8. To the extent permissible by law, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of the Website or any Service, or with these Terms of Use, including without limitation damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage).

7.9. Without limiting the generality of Clauses 7.7 and 7.8, you agree not to hold the Company responsible for any damages or other liabilities arising from Work performed by any Trade Professional. The Company does not and cannot be involved in Users’ dealings with Trade Professionals, or control whether or not Trade Professionals will complete any Work as agreed and in the event that a User has a dispute with one or more Trade Professionals, the User hereby releases the Company (and its agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

7.10. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising therefrom, are hereby expressly excluded to the extent permitted by law.

7.11. While every reasonable care will be taken in respect of information supplied by you, the Company cannot accept liability for any information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by the Company’s fault or negligence or otherwise).

7.12. The Company cannot and does not guarantee and does not warrant against human and/or machine errors, omissions, delays, interruptions or losses of information or data, infringing any material, or defamation.

7.13. The Company cannot guarantee the day or time that the Company will respond to any E-mail, telephone or written enquiries or Website form submissions.

7.14. Any responses made by the Company do not purport to be complete and exhaustive.

7.15. Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, transmitter or satellite degradation, failure of the Internet, interruption or failure or any other condition beyond the control of the Company’s affecting production or delivery of the Website and any information incorporated in it in any manner or any of its obligations under these Terms of Use.

7.16. Each of the provisions of this Clause 7 shall be construed separately and independently of the others.

DATA PROTECTION NOTICE

This Data Protection Notice (“Notice”) sets out the basis which CLOUDE8 PTE LTD (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

PERSONAL DATA

1.	As used in this Notice:

“customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and

“personal data” means data, whether true or not, about a customer who can be identified:
(a)	from that data; or (b) from that data and other information to which we have or are likely to have access.

2.	Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your NRIC number, contact information such as your address, email address or telephone number, nationality, gender, date of birth, marital status, photographs and other audio-visual information, employment information and financial information such as credit card numbers, debit card numbers or bank account information.

3.	Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).

COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

4.	We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

5.	We may collect and use your personal data for any or all of the following purposes:

(a)	performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;

(b)	verifying your identity;

(c)	responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;

(d)	managing your relationship with us;

(e)	processing payment or credit transactions;

(f)	sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions;

(g)	complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

(h)	any other purposes for which you have provided the information;

(i)	transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and

(j)	any other incidental business purposes related to or in connection with the above.

6.	We may disclose your personal data:

(a)	where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or

(b)	to third party service providers, agents and other organisations we have engaged to perform any of the functions listed in clause 5 above for us.

7.	The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).

WITHDRAWING YOUR CONSENT

8.	The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.

9.	Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.

10.	Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.

11.	Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

ACCESS TO AND CORRECTION OF PERSONAL DATA

12.	If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.

13.	Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.

14.	We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).

PROTECTION OF PERSONAL DATA

15.	To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.

16.	You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

ACCURACY OF PERSONAL DATA

17.	We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

RETENTION OF PERSONAL DATA

18.	We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

19.	We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

TRANSFERS OF PERSONAL DATA OUTSIDE OF SINGAPORE

20.	We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.

DATA PROTECTION OFFICER

21.	You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

CloudE8 DPO at [email protected]

EFFECT OF NOTICE AND CHANGES TO NOTICE

22.	This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

23.	We may revise this Notice from time to time without any 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.

Effective date :	[1st January 2018]
Last updated  :	[1st November 2018]