TERMS AND CONDITIONS FOR USE OF WEBSITE
These Terms and Conditions (the “Terms”) govern your access and use of the website (the “Website”) that is owned, controlled and provided by SESTO Robotics Pte. Ltd. (“SESTO”). Please read these Terms carefully.
By accessing and using the Website, you acknowledge that you have read these Terms and agree to be bound by these Terms.
1.1. For the avoidance of doubt, the following words have the following meanings:
“Affiliates”: means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity, and includes the Representatives of such an entity.
“SESTO”: means SESTO Robotics Pte Ltd and, where applicable, includes any of its Representatives and/or Affiliates.
“Content”: means any data, including personal data, and / or information that is available, accessible or stored in the Website in an electronic form, including, without limitation, any information, documents, text, files, images, sounds, moving images and videos.
“Representatives”: means the employees, agents and legal and / or financial consultants of the subject entity.
1.2. Clause headings are for ease of reference only and are not intended to be part of or to affect the meaning, interpretation or construction of any of the terms and conditions of these Terms.
1.3. Words importing the singular include the plural and vice versa.
1.4. Words importing the masculine gender include the feminine or neuter gender and vice versa.
1.5. References to persons are to be construed as references to an individual, company or trust as the context requires.
1.6. Reference to any law, statute, enactment, ordinance, order, regulation or other similar instrument shall be construed to include a reference to the law, statute, enactment, ordinance, order, regulation or instrument as from time to time amended, extended, re-enacted or consolidated and all statutory instruments, orders, regulations or instruments made pursuant to it.
3. Rights To Modify Terms
3.1. SESTO reserves the right to amend these Terms at any time, with or without notice. You agree that it is your responsibility to stay informed about any updates or amendments to these Terms. The current version of these Terms and any updates or changes to the same can be found at www.sestorobotics.com/terms.
3.2. Your continued access and/or use of the Website following any updates or changes to the Terms constitutes your agreement to these updates or changes. If you do not agree with any of the updates or changes to the Terms, please discontinue any further access or use of the Website.
4. Intellectual Property Rights
4.1. You hereby agree and acknowledge that the Website, including any software therein, and any Content made available on the Website, constitutes the intellectual property of SESTO which may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws (“Relevant IP”).
4.2. SESTO hereby grants to you a worldwide, personal, non-sub-licensable, non-transferable, revocable and non-exclusive license to access and use the Website and to access and use any of the Content made available or accessible by SESTO therein, strictly for non-commercial purposes. The grant of this license does not constitute a transfer or sale of the Website and/or the Contents, or any copy thereof, and SESTO retains all right, title, and interest in and to the Relevant IP.
4.3. SESTO, and other graphics, logos, designs, page headers, icons, scripts and service name, (Collectively, the “Marks“) used and displayed on the Website are the property of SESTO and all rights to the Marks are expressly reserved by SESTO.
4.4. You are not permitted to use any Marks without the prior consent of SESTO. Your access to and/or use of the Website and/or the Contents available therein should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks appearing on the Website without the prior written consent of SESTO. The Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of SESTO.
5. Use Of The Website
5.1. You are entitled to access and use the Website and/or any of the Content available and accessible in the Website in accordance with these Terms.
5.2. You agree that you shall not:
(a) modify, disassemble, decompile or reverse engineer the Website, including any software therein, and/or any of the Content available and accessible therein;
(b) reproduce or make any copies of the Website, including any software therein, and/or any Content available and accessible in the Website except with the prior written consent of SESTO;
(c) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website and/or any of the Content available and accessible in the Website, including but not limited to any features that:
(i) are designed to verify the identity of the user;
(ii) prevent or restrict the access to or use of any particular functionalities of the Website;
(iii) prevent or restricts the access to, use of, or the copying of any Content that is made available or accessible through the Website;
(d) delete any Mark and/or other proprietary rights notices that is displayed on the Website and/or any Content available, accessible and/or stored in the Website;
(e) use the Website, and/or any Content accessible and available therein for any purpose that is unlawful or prohibited by these Terms;
(f) use the Website, and/or any of the Content available and accessible in the Website in any manner that could damage, disable, overburden, or impair the operation of the Website, or interfere with any other persons’ access to and use of the Website and/or any of the Content available therein;
(g) use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Website and/or to intercept or expropriate any Content, system, data or personal data from the Website; and/or
(h) upload, post or transmit any Content of any type that (1) infringes or violates any rights of any party, (2) is false, offensive, defamatory, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation.
6.1. In the course of your access and/or use of the Website and the Content made available therein, you may receive or come into possession of such Content belonging to SESTO that is proprietary and/or confidential to SESTO, and/or that you only have authority to access, use, disclose and/or retain for specific purposes (the “Confidential Information”).
6.2. You agree that you shall keep such Confidential Information in strict confidence. In this regard, disclosure of such Confidential Information to any third party is strictly prohibited, unless with the prior written authorization of SESTO.
6.3. You agree that, upon request by SESTO, you will return or delete and cease to retain any and all copies of such Confidential Information in your possession or under your control and to certify in writing that such an obligation has been complied with if requested by SESTO to do so.
6.4. You shall notify us immediately upon receipt of any Content or information which is not intended for you and you shall delete and cease to retain such Content or information immediately.
7. Termination and Modification
7.1. SESTO reserves the right to:
(a) modify, enhance, upgrade, reduce or vary the functionality of the Website, in whole or in part, at any time, for any reason, with or without notice; or
(b) terminate or suspend your access and use of the Website therein at any time, for any reason, with or without notice.
7.2. You agree that SESTO will not be liable to you or any third-party for any modification, suspension or termination of the Website.
7.3. You acknowledge and agree that these Terms will apply to all such modifications, upgrades, enhancements, reductions and/or variations to the Website, including any functionalities available therein.
8. No Warranty as to Accuracy of Information
8.1. SESTO does not warrant the accuracy or completeness of any Content which is made available and accessible in the Website. SESTO hereby excludes all liability and responsibility arising from any use of or reliance placed on the Content by you, or by any third party who may be informed of the same, and you acknowledge that any reliance on such Content shall be at your sole risk.
9. Disclaimer of Warranties
9.1. You acknowledge and agree that your access and use of the Website and any of the Content available and accessible in the Website is at your sole risk and that the entire risk as to the satisfactory quality, performance and accuracy of the same is with you. You also acknowledge and agree that the Website and any Content accessible and available in the Website is provided on an “as is”, “as available” and “with all faults” basis.
9.2. To the fullest extent permitted by law, SESTO hereby disclaims any and all representations and warranties with respect to the Website, and any Content accessible and available in the Website, whether express, implied, statutory or otherwise, including but not limited to merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement of third party rights.
9.3. SESTO does not warrant that the Website and any Content accessible and available in the Website will meet your requirements or be uninterrupted, free from any malicious software (such as trojans, worms or viruses), error-free, accurate, complete or provided without delay or that any defects or errors in the same will be corrected. No oral or written information or statement given by SESTO shall create such a warranty.
9.4. SESTO does not provide any warranties, guarantees or representations as to any products or services offered by SESTO on the Website or to the truthfulness, accuracy or completeness of any Content accessible and available in the Website.
10. Exclusion and Limitation of Liabilities
10.1. To the fullest extent permitted by law, SESTO will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary loss or damage whether in any case arising from or related to (a) your access and use of, or inability to access or use, the Website (b) your use or reliance on the Content that is available and accessible in the Website; and (c) any other matter relating to the Website and any Content contained therein, regardless of the type of claim, whether in contract, tort (including negligence), warranty, misrepresentation, whether or not foreseeable, and regardless of the cause of such damages and/or losses even if SESTO has been advised of (or is otherwise aware of) the possibility of such damages and/or losses in advance, including, without limitation:
(a) any loss or damage due to any interruption or cessation of transmission of the Website and/or the Content provided therein;
(b) any loss or damage due to any bugs, viruses, third party malicious activities (i.e. spoofing, hacking), Trojan horses or similar malware which may be effected and/or transmitted to or through the Website or any Content contained therein by any third party;
(c) any loss of profits, sales, business, or revenue;
(d) loss or corruption of data, information or software;
(e) loss of business opportunity;
(f) loss of anticipated savings;
(g) loss of goodwill;
(h) pure economic loss; and/or
(i) any indirect or consequential loss.
10.2. Where the exclusion of liability is not permitted under any law, SESTO’s total liability to you for any direct, indirect, special, exemplary or consequential damages, or for any other damages shall not exceed SGD 100,000.
11. Links to Third Party Websites
11.1. This Website may contain hyperlinks to websites that are not maintained by SESTO. SESTO is not responsible for the contents of those websites and shall not be liable for any damages or loss arising from access to those websites. Use of the hyperlinks and access to such websites are entirely at your own risk.
11.2. Hyperlinks to other websites, if any, are provided as a convenience to the user. In no circumstances shall SESTO be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this Website is linked.
12. Links to this Website
12.1. Except as set forth below, caching and links to, and the framing of this Website or any of the Contents are prohibited.
12.2. Linking to the Homepage: You may link to the Homepage of this Website, upon notifying SESTO in writing.
12.3. Your linking to, or your framing of this Website or any of the Contents constitute acceptance of these Terms. This is deemed to be the case even after the posting of any changes or modifications to these Terms. If you do not accept these Terms, you must discontinue linking to, or framing of this Website or any of the Contents.
12.4. Under no circumstances shall SESTO be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to this Website or any of the Contents.
12.5. SESTO reserves all rights to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
12.6. SESTO reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from this Website or any of the Contents.
13.1. You agree to indemnify and keep SESTO indemnified against any and all loss, cost, damage, expense or liability, including without limitation, reasonable attorney fees and costs, incurred or suffered by SESTO as a result of any claim or cause of action asserted against SESTO by a third party in connection with or arising from your breach of any of the terms contained herein.
14. Governing Law and Dispute Resolution
14.1. These Terms and any matters related to the same shall be governed by and construed in accordance with the laws of the Republic of Singapore without giving effect to any choice of law principles thereof which would result in the application of the laws of any other jurisdiction.
14.2. In the event of any disputes arising out of or in relation to these Terms, including any question regarding its existence, validity or termination, SESTO and you agree that the dispute shall be submitted for full and final resolution by litigation under the exclusive jurisdiction of the Courts of Singapore.
15. Force Majeure
15.1. SESTO will not be liable or responsible for any failure of the Website, any inability to access and use the Website, and/or any Content contained therein that is caused by any act or event beyond SESTO’s reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private transport, activities of hackers, malicious conduct, failure or interruption of any public or private telecommunications networks, power failures or interruption, or failures of any third party service providers (including providers of internet services and telecommunications).
16. Entire Agreement
16.1. These Terms constitutes the entire agreement and understanding between SESTO and you relating to your access and use of the Website and any of the Content provided therein. Except as may be expressly stated in these Terms, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. You agree that in accessing and using the Website and the Content provided therein, you do not rely on any statement, representation, warranty or understanding made prior to these Terms save to the extent that such statement, representation, warranty or understanding is incorporated into these Terms.
17. No Waiver
17.1. The failure of SESTO to enforce any of the terms set out herein shall not constitute a waiver of such a right and shall at no time and in no manner affect the right of SESTO to enforce such a term at a later time.
18.1. If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall not be affected by such judgment and the terms and conditions of these Terms shall be carried out as close as possible according to the original terms and the intent reflected in these Terms.
19.1. You may provide any notice or other communication required or permitted to be given hereunder to SESTO by email, facsimile and/or regular mail at the following address:
SESTO Robotics Pte Ltd
6 Penjuru Close
Facsimile +65 6877 0693
19.2. SESTO may provide any notice or other communication required or permitted to be given hereunder, including those regarding any amendments to these Terms, by email, facsimile and/or regular mail at the relevant contact address provided by you or by posting such notices on the Website. You agree that such notices by the aforementioned means will constitute sufficient and adequate notice to you of the matters contained therein.
20.1. SESTO may assign, delegate, sub-contract or transfer any or all of SESTO’s rights and/or obligations under these Terms to any third party. You may not transfer any or all of your rights or obligations under these Terms to any third party.
21. Relationship of the Parties
21.1. You agree that no joint venture, partnership, employment, or agency relationship will exist between you and SESTO as a result of these Terms or your use of the Website and/or any of the Content available and accessible in the Website.
22. Third Party Rights
22.1. These Terms are entered into between you and SESTO. For the avoidance of doubt, except as expressly stated in these Terms, a person who is not a party to this Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of these Terms.