SEEKER’S TERMS AND CONDITIONS
1.1 We, Acceset Pte. Ltd. (UEN: 201810050N) a company registered in Singapore (“us” or “we”), own, operate and control the Acceset platform (“Platform”). On this Platform, we facilitate your organisation/institution to connect anonymous users (“Seekers” and “you”) who are seeking non-professional help and advice to peer volunteers in the same organisation/institution (“Befrienders”). Your organisation/institution will appoint administrator(s) with administrator-access and rights to the Platform (“Administrators”). In addition, your organisation/institution will also appoint moderators to facilitate and moderate all communications between Seekers and Befrienders on the Platform (“Moderators”).
1.2 We provide the Platform to you subject to these terms and conditions (“Terms and Conditions”). By accessing or using the Platform via desktop, laptop, mobile devices and / or any other device capable of connecting to the Internet or posting any content from, on or through the Platform, or registering for an account with the Platform, you agree that you accept and agree to be bound by these Terms and Conditions, whether or not you have registered with the Platform.
1.3 If you do not agree to these Terms and Conditions, you must not access or use the Platform, nor register for an account with the Platform.
1.4 These Terms and Conditions may be modified from time to time. Any changes to these Terms and Conditions will be reasonably notified to you through our sites. Please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time. Your use of our sites after you have been notified that changes have been made to the Terms and Conditions, will be deemed as your agreement and acceptance to such changes.
2. REGISTRATION AND ACCOUNT
2.1 You must be 16 years or older to register as a Seeker and/or to use this Platform.
2.2 By creating an account and/or using this Platform, you confirm that you have the right, authority and capacity to enter into this Terms and Conditions. You further confirm that (a) all information provided is truthful and accurate, and that you will continue to maintain the accuracy of all information, and (b) you will be using the Platform for your personal use.
2.3 You may only create one account.
2.4 You will be responsible for any activity that happens on or through your account. You must keep your password confidential. If you discover any unauthorised use of your account, please contact us at email@example.com
2.5 We and/or your Administrator can disable or suspend your account if you are in breach of these Terms and Conditions or for any other reasonable reason. We shall not be responsible for any actions taken by your Administrator in relation to your account.
3. RELATIONSHIP WITH OTHER USERS
3.1 We only act as an intermediary between you and other users, and our services are limited to providing the Platform. Our obligations and duties are strictly in accordance with the relevant terms. We are not, and will not be deemed to be, in an employer-employee relationship, partnership, or agency relationship with any users.
3.2 Befrienders, Moderators and Administrators are neither employees, agents nor representative of us, and we assume no responsibility for any act or omission of any such user. Your institution/organisation shall be solely responsible for the selection of the Befrienders, Moderators and Administrators.
3.3 You understand and agree that Befrienders are not mental or medical health professionals, physicians, attorneys or other professionals.
3.4 We do not verify the skills, degrees, qualifications, credentials or background of any Befriender or Moderator.
3.5 Your organisation/institution is responsible for verifying the skills, degrees, qualifications, licensure, certification, credentials of the Moderators. We do not represent or warrant that the Moderators are properly licensed or qualified.
3.6 You understand and agree that Moderators may or may not be mental or medical health professionals, physicians, attorneys or other professionals.
3.7 You understand and agree that, although the Moderator may be a mental or medical health professional, physician, attorney or other professional, we cannot predict or assess the competence of, or appropriateness for your needs. You also acknowledge and agree that you take full responsibility for the decision to access a Befriender or Moderator through the Platform and to continue interacting with the Befriender or Moderator, and that the Platform’s role is strictly limited to providing access to such Befriender or Moderator.
4. LICENSE AND PLATFORM ACCESS
4.1 We grant you a limited license to access and make personal use of this Platform. No right, title or interest in our materials is conveyed to you. You may not download (other than page caching) or modify this Platform, or any portion of it, except with our prior express written consent. This license does not include any resale or commercial use of this Platform or its materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
4.2 This Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by us.
4.3 In accessing and using our Platform, you may not:
4.3.1 do so in any way that breaches any applicable local, national, or international law or regulation;
4.3.2 do so in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.3.3 transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.3.4 knowingly transmit any data, send, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
4.3.5 download (other than page caching) or modify this Platform, or any portion of it without our prior express written consent;
4.3.6 make any derivative use of the Platform or its materials;
4.3.7 use data mining, robots, or similar data gathering and extraction tools;
4.3.8 use our trademarks or names in metatags and/or hidden text for purposes of gaining higher rankings from search engines, resulting in unfair competition;
4.3.9 link to any web page on this Platform;
4.3.10 frame, inline link or utilise other techniques to associate or juxtapose any of our trademarks, logos, or other material with advertisements and/or other information not originating from the Platform;
4.3.11 do anything else which could cause damage to the Platform, us and our employees, our reputation, or would otherwise have a negative impact on us; or
4.3.12 aid or abet any of the above.
4.4 Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms and Conditions, we reserve the right to seek all remedies available by law and in equity. We retain the right at our sole discretion to deny access to anyone to this Platform, at any time and for any or no reason, including, but not limited to, for violation of these Terms and Conditions.
5. UPLOADING OF CONTENT TO OUR SITES
5.1 Whenever you make use of a feature that allows you to upload content to our sites, you must comply with the content standards set out in these Terms and Conditions
5.2 You warrant that any such contribution will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5.3 You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties in accordance with this Terms and Conditions and as required by law.
5.4 Where a Moderator has determined that you, or any other person, may be at the risk of getting hurt, you may be recommended professional counselling as a replacement for the text-based support provided by the Befriender and Moderator, and your contact with Befrienders may be discontinued. For the avoidance of doubt, you will remain anonymous during this process.
5.5 Except as provided in paragraph 5.6, you must not provide any personal data, whether relating to yourself or otherwise, on the Platform.
5.6 A Moderator may invite you to provide your contact information for the sole purpose of referring you for professional counselling. If you choose to provide your contact information to a Moderator, you acknowledge and agree that the Moderator may disclose your contact information for the abovementioned purpose.
5.7 We will use our best efforts to assess any possible risks for users (in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation in light of those risks. For the avoidance of doubt, any moderation by us is in addition to the moderation carried out by Moderators, and/or Administrators. However, we are under no obligation to oversee, monitor or moderate any service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any service by a user in contravention of our content standards, whether the service is moderated or not.
5.8 Any user contributions shall comply with these content standards. These standards apply to each part of any contribution as well as to its whole.
5.9 Contributions must:
5.9.1 Be accurate (where they state facts).
5.9.2 Be genuinely held (where they state opinions).
5.9.3 Comply with applicable law in the Singapore and in any country from which they are posted.
5.10 Contributions must not:
5.10.1 Contain any material which is defamatory of any person.
5.10.2 Contain any material which is obscene, offensive, hateful or inflammatory.
5.10.3 Contain sexually explicit material.
5.10.4 Promote violence.
5.10.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
5.10.6 Infringe any intellectual property right of any other person.
5.10.7 Be likely to deceive any person.
5.10.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
5.10.9 Promote any illegal activity.
5.10.10 Be threatening, abuse or invade another’s privacy, or harass any other person as defined under the Protection from Harassment Act (Cap. 256A) of Singapore.
5.10.11 Be used to misrepresent your identity or affiliation with any person.
5.10.12 Advocate, promote or assist any unlawful act such as copyright infringement or computer misuse.
5.11 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
5.12 We have the right to remove any posting or message you make on our Platform if, in our opinion, your post and/or message does not comply with the content standards set out in this Terms and Conditions.
6. USER GENERATED CONTENT
6.1 This site may include information and materials uploaded by other users of the Platform, including messages from other Seekers, Befrienders or Moderators (“User Content”). This information and these materials have not been verified or approved by us, and we do not necessarily review all User Content. The views expressed by other users on our sites do not represent our views or values. Such User Content shall be the sole responsibility of the user who posted such content.
6.2 If you wish to raise any objections about information and materials uploaded by other users, please use the “Flag” function on the Platform or contact us on firstname.lastname@example.org. We may review the User Content to determine whether it is illegal or if violates any of our policies, and we will remove or refuse to display such User Content if we believe that it violates the law or any of our policies.
7. WE MAY SUSPEND OR WITHDRAW THE PLATFORM
7.1 We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
8. LINKS TO OTHER WEBSITES
8.1 Links may be established from this Platform to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to this Platform. None of such links should be deemed to imply that we endorse the Third Party Sites or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
9. LIMITATION OF LIABILITY
9.1 This site and all information, content, materials and services included on or otherwise made available to you through this Platform are provided on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or services included on or otherwise made available to you through this Platform, unless otherwise specified in writing. You expressly agree that your use of this Platform is at your sole risk.
9.2 We do not warrant that this Platform, information, content, materials or services included on or otherwise made available to you through this site, their servers, or email sent from us are free of viruses or other harmful components.
9.3 With respect to products sold on this Platform, our express warranties are limited to those specified with each product. To the fullest extent permissible by applicable law, we disclaim all other warranties, whether express or implied.
9.4 We make no representation or warranty whatsoever as to (a) the accuracy or availability of the Platform, (b) the willingness or ability of the Befriender or Moderator to listen, respond and/or give advice, or (c) whether the Seeker will find the advice useful, satisfactory or relevant.
9.5 In no event will we be liable to any party for the following kinds of damages of any kind arising from the use of this Platform or from the use of or reliance on any information, content, materials (including software) or products and/or services included on or otherwise made available to you through this site, including, but not limited to
9.5.1 direct, indirect, incidental, punitive, and consequential damages, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if we were expressly advised about the possibility of such damages, unless otherwise specified in writing;
9.5.2 losses and/or damages that are not covered by our specific product warranties; or
9.5.3 losses and/or damages caused by your violation of these Terms and Conditions.
9.6 Nothing in these Terms and Conditions of use excludes or limits our liability that cannot be excluded or limited by law.
9.7 If you are considering suicide, or harming yourself or others, or if you have a medical emergency, you should immediately seek help and contact the police or emergency medical services. The 24hr hotline for the police is 999, 995 for emergency ambulance or 1777 for private ambulance. Alternatively, you could contact Samaritans of Singapore at 1800-221-4444.
10.1 You hereby indemnify us and our affiliates, officers, agents, partners and employees and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of the information you submit, post to or transmit through our sites, your access or use of our sites, your violation of any terms in these Terms and Conditions or your violation of any rights of another.
11. OTHER TERMS THAT MAY APPLY TO YOU
12. THIRD PARTY RIGHTS
12.1 The Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore is expressly excluded and shall not apply to these Terms and Conditions.
13.1 If any provision in these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, that provision shall be deemed severable. Any modification to or deletion of a provision shall not affect the validity and enforceability of any remaining provisions.
14.1 No failure or delay by a party to exercise any right or remedy provided under this Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15. APPLICABLE LAW
15.1 By visiting this site, you agree that the laws of the Republic of Singapore without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between us without regard to principles of conflict of laws.
16.1 Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by litigation in the courts of the Republic of Singapore.
17. Entire Agreement
These Terms and Conditions (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Acceset Pte Ltd with respect to the Platform, our services, and your dealings and relationships with us. These Terms and Conditions supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.