The following terms and conditions govern your installation, use and/or access of:
(a) the website (“Site”) that is owned and operated by Simi Studios Pte Ltd (“Simi”);
(b) any goods or services offered by Simi through the applications made by Simi, that you may download and install, or that may come pre-installed, on supported operating systems and/or devices (collectively, “App”); and
(c) any specific goods or services offered, supplied, produced, provided and/or
(d) delivered by Simi, whether via the Site, the App or any other sites that are owned and operated by Simi (collectively, “Services”).
2. USER ACCOUNT
2.1. User warranties. In respect of your account registered for our Products (“Account”), you warrant that:
(a) all information provided by you, including all information provided in the registration or signup form(s) is true, correct and complete;
(c) you consent to Simi and the Products having access to the contact information of the Products users and other contacts in your mobile phone address book, and that you are authorised to provide such information to Simi and the Products; and
(d) you shall keep all the information you have provided updated, accurate and complete and update any changes without delay using the Products’ relevant feature.
2.2. Consent to communication. By providing your contact information to sign up for the Account, you agree that Simi or its agents can use the contact information to contact you through any form of communication (including text messages, phone calls and emails).
2.3. Account security. You must keep your Account and information related to your Account (such as username, password, security question and/or any pin numbers) confidential, safe and secure. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities related to your Account, and you agree to immediately notify Simi of any security breach of your Account. Simi shall not be responsible for any losses arising out of the unauthorised use of your account at any time. In particular:
(a) you must not disclose your Account’s sensitive information such as identification or password to any other party; and
(b) you must not allow any other party to use or share your Account.
2.4. Devices and software. You shall be responsible for the devices, software and data connections required to use the Products, which Simi does not supply. For as long as you use the Products, you consent to downloading and installing updates to the Products, including automatically.
3.1. Territory. You may install, use and/or access the Products only in territories around the world where it is legal for you to do so. You undertake and warrant that you are legally entitled and able to install, use and/or access the Products.
4. PAID CONTENT, FEES AND TAXES
4.2. Method of payment. Unless otherwise stated, payment may be made by Visa, Mastercard and/or any other methods as displayed on the Products from time to time. You authorise Simi to charge your charge card or other account(s) and/or payment methods for the Products, any content, products or services purchased and for any additional amounts (including any taxes and late fees, where applicable) that may be accrued by or in connection with your account on the Products.
4.3. Time of payment. You are liable to pay for the Paid Content at such charges and at such times in accordance with the terms and conditions accompanying such Paid Content, or as Simi may determine from time to time. Where subscription-based Paid Content is concerned, you agree that payment has to be made in advance at monthly intervals or at such intervals as may be determined by Simi. For all other Paid Content, payment has to be made at the point of sale.
4.4. Your responsibilities. You shall, at all times, be responsible for:
(a) the timely payment of all fees and taxes associated with your installation, use and/or access of the Products, without any counterclaim, deduction, set off or withholding whatsoever;
(b) the charges of your carrier data plan associated with your installation, use and/or access of the Products;
(c) ensuring that the credit card (or other payment methods) that is being used is yours, or that you have been specifically authorised by the owner of the credit card (or other payment methods) to use it;
(d) providing Simi with a valid payment method details for payment of all fees, updating Simi on any changes through the relevant feature in the Products. Your access to the Products may be temporarily disrupted by any change in payment methods, while Simi verifies your new payment information; and
(e) conforming with any terms and conditions and charges imposed by third-party service providers in relation to the payment gateway services provided to facilitate your online payments.
4.5. No refund. All sales and purchases of the Paid Content are final and are non-refundable.
4.6. Prices subject to change. Prices for Paid Content are subject to changes. Simi does not provide price protection, guarantee or refunds in the event of a price reduction or promotional offering. Simi reserves the right to, at any time, make any change, modification and/or variation to any of the goods, services and/or content (including but not limited to price(s), content bundles and content packaging) made available on the Products. The change, modification and/or variation shall be reflected in the information displayed on the relevant section of the Products as Simi may from time to time determine.
4.7. Paid Content disclaimer. Simi does not warrant the accuracy, completeness, reliability or currency of details and information appearing on the Products, such as product description, stock availability and pricing. Items sold may vary from the product information presented on the Products. Simi reserves the right to rectify any error, inaccuracy or omission in information and to make the changes as it deems appropriate at any time without prior notice and without incurring any liability to you, irrespective of whether you made any order or purchase based on such error, inaccuracy or omission.
4.8. Third-party content disclaimer. The Products may allow you to access, use or interact with third-party websites, apps, content and other products and services. Please note that your use of third-party products and services shall be governed by the third party’s own terms and privacy policies. Where you purchase any Paid Content made available by third parties (whether via advertisements displayed on the Products, or via sections of the Products enabling the purchase), you expressly acknowledge and agree that the Products act as a venue only. Simi is neither involved nor responsible for:
(a) the accuracy, correctness or truthfulness of any information of third-party (and its products and services) that is made available or posted on the Products;
(b) the posting, provision, delivery of such information from Simi to you; and
(c) the provision of the third-party products and services (including Paid Content).
Any dispute or discontent related to third-party products and services (including Paid Content) must be brought to the third-party directly and not to or through Simi.
5. RIGHT TO USE
6. CONTENT AND INTELLECTUAL PROPERTY
6.1. Simi Content. All of the:
- content (including without limitation all text, photographs, graphics, video and audio content) located on the Products;
- compilation(s) (meaning the collection, arrangement and assembly) of all content on the Products;
- software used on the Products; and
- all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents and other intellectual property rights associated with the Products
belongs to Simi, its content suppliers and/or its software suppliers and is protected by Singapore and international intellectual property laws (including without limitation copyright and trademark laws). You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, report or in any way exploit any part of the Products for any purpose.
6.2. Infringement. Without limiting the foregoing provisions, you shall not utilize the content of the Products in such a way as to infringe Simi’s, its content suppliers’, its software suppliers’, other Products users’ and others’ rights (including copyright, privacy, publicity, intellectual property right, proprietary rights).
6.3. Trademarks. The names, trademarks, service marks and logos (“Trademarks”) displayed on the Products are registered or unregistered Trademarks of Simi, its content suppliers and/or its software suppliers. Nothing on the Products should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trademarks. Simi prohibits use of the Trademarks as a “hot” link or in-link to any site unless establishment of such a link is approved in advance by Simi in writing.
6.4. User submitted content. Simi may provide facilities on the Products for you to submit and/or upload materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Contents“) to Simi or to the Products directly. You are solely responsible for Your Contents, and Simi acts as a passive conduit for your online distribution and publication of Your Contents. With respect to Your Contents:
a. Your Contents (or any materials contained therein) shall not:
(i) be false, fraudulent, inaccurate or misleading;
(ii) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(iii) violate any law, statute, ordinance or regulation or cause Simi to violate any law, statute, ordinance or regulation;
(iv) be defamatory, libellous, offensive, vulgar, unlawfully threatening, unlawfully harassing or otherwise objectionable;
(v) be obscene or contain child pornography or anything adult in nature or harmful to minors;
(vi) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(vii) be subject to or infringe the copyright or other intellectual property rights of third-party
(viii) create liability for Simi; or
(ix) cause Simi to lose, in whole or in part, the services of its internet service provider or other suppliers.
(b) If Your Contents do not comply with the above clause 6.4(a), you shall not submit or upload Your Contents to the Products.
(c) We reserve the right to remove any content that violates the above clause 6.4(a)
6.5. Feedback. Your Contents may contain information that can, directly or indirectly, be used to improve the whole or part of any Products and the user experience (“Feedback“). Feedback may include but is not limited to suggestions, comments, ideas or survey responses. You acknowledge and consent that Simi shall be free to use, disclose, reproduce, or otherwise exploit all Feedback as it sees fit without any obligation to you and without restriction of any kind from you. For the avoidance of doubt, you shall not, through your provision of Feedback, acquire any rights or licenses in the Products.
6.6. General contents. Simi does not control and is not responsible for controlling how or when the Products users use the Products, features and interfaces. Simi is not responsible for and is not obligated to control the actions or information (including content) of the Products users or other third parties, neither does Simi make any express or implied warranties as to the accuracy and reliability of the information (including content) provided by the Products users or third parties. Simi shall, in its sole discretion, have the right to remove or delete any material (including Your Contents) submitted to or posted on the Products without according any reason for such removal or deletion.
6.7. Participation. The Products may have features and facilities such as bulletin board service, chat rooms and features within the Products which allow you to post content, discussion and other information thereon (“Communities”). While Simi will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential or private in nature, Simi shall not responsible for the use by others of the information that you disclose within the Communities. Simi does not control or endorse the content, messages or information found in any Community, and, therefore, it specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. By posting comments, messages or other information on the Products, you grant Simi the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
6.8. Linked Content. The Products may provide opportunities to link to, or otherwise use, sites and services offered through or by third parties. Your use of these third-party services is subject to terms of the third parties. Simi has no control over any third-party site or service. Further, Simi is not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. You shall make your own independent judgment regarding your interaction with these third-party sites or services. Simi’s inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement of such third-party site or service.
7. USAGE RESTRICTIONS
7.2. You must not and must not attempt to:
(a) reverse engineer, display, print, save, cache, copy, reproduce, change, alter, modify, decompile, extract code from or create any derivative work of, any or any part of the Products or Account(s);
(b) communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Products or Account(s);
(c) send, store or transmit viruses or other harmful computer code through or onto the Products or Account(s);
(d) sell, re-sell, offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, or exploit in any way for personal or other gain, any or any part of the Products or Account(s);
(e) hack, bypass or gain unauthorised access into any part of the Products or Account(s);
(f) collect information of or about the Products users in any impermissible or unauthorised manner including using any data mining, bots, spiders, automated tools or other data gathering and extraction methods;
(g) deep link from any other website to, or frame on any other website, any or any part of the Products or Account(s);
(h) use any device, software or routine to interfere or attempt to interfere with the proper working of; or interfere with any other user’s access or use of any part of the Products or Account(s);
(i) impose any unreasonable or disproportionately large load on Simi’s and/or its service provider’s infrastructure;
(j) use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Products or Account(s);
(k) use any or any part of the Products or Account(s) for sending out unsolicited e-mails and messages;
(l) use any or any part of the Products or Account(s) for any unlawful, harmful (be it to you or other users), immoral or illegal activities;
(m) assume a false identity or the identity of some other registered user to register, access or use any or any part of the Products or Account(s); or
(n) use any or any part of the Products or Account(s) in any way that:
(i) will or could violate, or that will or could result in Simi violating any law, statute, ordinance, regulation, code of practice, direction, order or guideline issued by any regulatory authority;
(ii) obscene, defamatory, threatening, intimidating, harassing, libelous, hateful or ethnically offensive or instigate conduct that would be illegal or inappropriate, including promoting violent crimes;
(iii) involve fraudulence, publishing falsehoods, misrepresentations or misleading statements;
(iv) involve any non-personal use of the Products (unless otherwise authorised by Simi);
(v) cause any form of burden, impairment, harm, loss or damage to Simi or others (including, without limitation, loss of reputation and goodwill);
(vi) create any liability for Simi; or
(vii) cause Simi to lose, in whole or in part, the services of any Internet or telecommunication service provider or any other supplier of products and/or services.
8. SIMI’S DISCRETION
Without prejudice to Simi’s other rights and discretions as stated herein, Simi reserves the right, in its sole discretion, to:
(a) determine whether an individual is eligible to install, use and/or access the Products.
(b) decline and refuse the registration of your account without the need to give any reason to you or any third party.
(c) refuse, cancel or modify your order(s) for Paid Content.
9.1. No warranty. The Products are provided on an “as is where is” basis and you shall download and use the Products at your own risk. Simi does not make any representation or warranty, express or implied (to the extent permitted by law):
(a) as to the use, security, accuracy, merchantability, reliability, title, non-infringement, satisfactory quality or fitness for any particular purpose of the Products and its contents;
(b) that the use of the Products will be safe, uninterrupted, free of error and free of any viruses, bugs or other harmful code; and
(c) that the Products or any part thereof are appropriate or available for use in any particular jurisdiction.
9.2. Advertising and related services. Where you subscribe for or engage any services on the Products that relates to any advertisement or other similar services, for any purpose whatsoever, you hereby expressly acknowledge and agree that the Products act as a venue only, and Simi is not involved or responsible for the correctness, accuracy or truthfulness of any information that is posted by other users of the Products, or the posting, provision, delivery of such information to you.
9.3. Access. Simi shall not be responsible for any connection or access to the Products by you. You are responsible for providing your own communications, equipment and subscribing to a communications service provider to access the Products, as well as any charges (such as Internet access charges) thereon.
9.4. Security. Certain data transmissions between your computer and the Products, are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. Simi does not guarantee that information transmitted through the internet and the Products is secure or that such transmissions will be free from delay, interruption, interception or error. Furthermore, although Simi intends to take reasonable steps to prevent the introduction of viruses, worms, Trojan horses or other destructive materials to the Products, Simi does not guarantee or warrant that the Products and materials that may be downloaded from the Products are free from such destructive features. Simi shall not be liable for any damages or harm attributable to such features.
9.5. Third-party conduct. You specifically acknowledge that Simi is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury, damage and loss from the foregoing rests entirely with you.
9.6. Limitation of liability. In no event shall Simi be liable to you and/or to any party for any and all damages, expenses, claims, costs or losses of any kind, including without limitation, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, arising out of any legal claim (whether in contract, tort or otherwise), your use of or inability to access or use the Products, Account(s), Paid Content, and/or the content of the hyperlinks, including but without limitations, special, incidental, indirect or consequential damages. Any claim or liability against Simi shall be limited to the amount you paid, if any, for use of the Products.
10. PERSONAL DATA
10.2. Consent. By installing, using and/or accessing the Products, you agree and consent to the collection, use, disclosure and processing of your personal data by Simi for the following purposes:
(a) for Simi or its designated representatives or business partners to provide goods and services to your or parties designated by you and matters ancillary thereto;
(b) to verify and process payment when you purchase goods and services from the Products;
(c) for verification and record of your personal particular;
(d) for communication with you;
(e) for research and analysis, including surveys and polls;
(f) for Simi or its designated representatives to conduct market research and analysis, and offer surveys to you, in relation to the Products;
(g) to send you notices, information, promotions and updates including marketing and advertising materials in relation to Simi’s goods and services and those of third-party organisations selected by Simi; and
(h) to comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence or misconduct or for the purposes of taking legal action against you.
10.3. Cross-border transfer of data. In addition to the above, you further consent to Simi transferring your personal data out of Singapore to any Simi’s third-party service providers or agents for the purposes as described in clause 10.2 above.
11. SUSPENSION AND TERMINATION
11.1. Simi reserves the right to suspend and/or terminate:
(a) this agreement with you; and/or
(b) your use of and/or access to all or part of the Products, Paid Content and Account,
with or without notice and with or without cause, including (without limitation) when Simi believes that:
(b) you have violated the rights of Simi or any third party;
(c) you are using and/or allowing the Products and/or Account to be used for illegal, improper and/or fraudulent purposes. In such event, you may be referred by Simi to the relevant authorities without notice and Simi shall comply with the directions or guidelines issued by these authorities without further reference to you;
(d) you have become or threatened to become a bankrupt under the laws of any jurisdiction applicable to you; or
(e) you have passed away.
11.2. Simi may modify or discontinue the Products, without prior notice and without any reason whatsoever, and it shall not be liable to you or any third party as a result of such modification or discontinuation.
You agree to defend, indemnify and hold Simi harmless from and against all claims, complaints, causes of action, controversies, disputes, losses, damages, costs and expenses (including legal fees), arising out of:
(a) your use of the Products;
(c) any misrepresentation made by you.
In addition, Simi reserves the right to use whatever information that is available about you that it can access to stop any such breach or any unlawful or inappropriate use of the Products, including informing any third party Simi deems appropriate of such breach or use and/or disclosing your personal information to such third party.
13.3. Electronic transactions. You hereby acknowledge and agree:
(a) that all electronic communications made pursuant to the use of any of the Products shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
(b) not to contest the legally binding nature, validity or enforceability of any transaction on any of the Products on the ground that it was entered into electronically, and to expressly waive all rights you may have to assert such claims; and
(c) that any and all transactions, including but not limited to the passing of risk and/or title to any and all goods and/or services purchased and/or transacted on the Products, shall be deemed and construed to be transacted, transferred and/or passed to you in the Republic of Singapore.
13.7. Assignment. All your rights, interests and obligations hereunder are personal to you and may not be transferred or assigned by you at any time. Simi may assign or transfer, directly or indirectly, any and all of its rights, interests and obligations hereunder (whether by operation of law, merger, acquisition, restructuring, consolidation, sale of assets or otherwise) to its successors, assigns or any entity without prior notification and without your prior consent.