TERMS AND CONDITIONS FOR USE OF SOFTWARE PLATFORM KNOWN AS “OVERWRITE” The following terms and conditions govern the contractual agreement between You (“the User(s)”) and SILOAM TECHNOLOGIES PTE. LTD. (“SILOAM”) arising from and in relation to the access, browsing, rights and obligations in connection with the use of SILOAM’s software platform known as “OVERWRITE” that is owned and operated by SILOAM (the “Platform”) and services provided (“Services”). In consideration of SILOAM providing you with access to the Platform and services, you agree to the following terms and conditions (the “terms and conditions”) at all times. If you do not agree to all the terms and conditions, you are not authorised to use the services and the Platform. If you continue to use the Platform, you are deemed to agree to the said terms and conditions.
OVERWRITE is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use OVERWRITE. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using OVERWRITE. 1. Definitions “Confidential Information” means any information or material proprietary and/or confidential to SILOAM, a Purchaser or Content Contributor or User disclosed or obtained in connection with use of the Platform or pursuant to these Terms and Conditions, including without limitation (i) Any information in connection with a Transaction, Item, Purchaser, Content Contributor or Service Provider; (ii) Item prices; (iii) SILOAM Software including all updates, upgrades and versions; (iv) SILOAM business, technical and process documentation; or (v) Any non-public information contained in or acquired by use of the Platform confidential information does not include information that (a) is publicly known or which becomes publicly known through no breach by You; (b) lawfully received by You from a third party without any confidentiality restriction; (c) or is already known by You without any confidentiality restriction.
“Content” means any data and content created, uploaded, posted, shared or otherwise made available by Content Contributors and SILOAM through the Platform, and any data and content by Content Contributors and Users including text, photos, sounds, music, videos, audio-visual combinations, interactive features, profile information and anything else entered or uploaded onto the Platform with consent.
“Content Contributor” means any natural person, entity, business or company that provides the Content to the Platform;
“Fee Schedule” means the schedule attached to the Registration Form accompanying these terms or such other location. “Item” or “Items” means any product(s) or service(s) listed for sale, exchange or offered by a Content Contributor on the Platform.
“Purchaser” means a party that purchases an Item using the Platform.
“Registration Form” means the form accompanying these terms which must be completed by all Users.
“Services” means [Overwrite Platform or such other platform for Users in any capacity to post content including but not limited to questions, learning materials, comments, information and any other materials that contribute to the User experience on the Platform. It further provides Content Contributors an avenue to provide Users with questions and learning materials while understanding User’s strengths and weaknesses.] “Service Provider” means any third party service provider who provides any service or Transaction in connection with the Platform or to any User through the Platform. “Software” means the computer software (proprietary to or otherwise licensed by SILOAM) as provided by SILOAM or accessible by third party internet or web browser software when connecting to the Platform. “Transaction” means a purchase or sale of an Item completed using the services or facilitated by the use of the Platform. “User” of “Users” means any party who accesses the Platform or is linked with certain third party social networking sites or uses the services or otherwise facilitates such use by others including any User, Purchaser, and Content Contributor. “Platform” means the Software created and owned by SILOAM known as “OVERWRITE” or such other website, mobile applications or domain name or such other technology assigned by SILOAM.
“You” or “Your” means any Content Contributor, Administrator (on behalf of a company), Purchaser, Service Provider or other User (as the case may be) who accesses and/or uses the Platform.
Words denoting the singular shall include the plural and vice versa. The headings in these terms and conditions are for convenience only and shall not affect its interpretation. 2. Venue for Exchange Of Ideas, Content, Continuous Learning Journey 2.1. The Platform provides a venue for Users in any capacity to post content including but not limited to questions, learning materials, comments, information and any other materials that contribute to the User’s experience on the Platform. The Content Contributor may also be User and/or Purchaser for all intents and purposes. 2.2. As a User, You understand and agree that SILOAM does not act as agent, partner, fiduciary or trustee for any Content Contributor or Service Provider and that SILOAM does not exercise any control over (i) the quantity, availability, quality, safety or legality of any Items; (ii) the accuracy or usefulness of the description or classification of any Items; (iii) the ability of either a Content Contributor, User or Purchaser or Service Provider to fulfill its obligations to complete a Transaction; (iv) the legal capacity of any Content Contributor, User or Purchaser or Service Provider to
lawfully enter into a Transaction; or (v) any representations made in respect of the Items or any representations made by any Content Contributor, User or Purchaser or Service Provider. You further understand and agree that SILOAM does not endorse, sponsor, certify or guarantee any Items.
3. Acceptance of Terms and Conditions 3.1. These Terms and Conditions may be modified, amended or revised from time to time and such modification, amendment or revision will be effective upon notification to You of the same. 3.2. You will be notified of any modification to these Terms and Conditions in accordance with the provisions herein. Your subsequent use and/or access of the Platform and/or the services shall be deemed to be Your agreement to be conclusively bound by any such future modification, amendment or revision. 4. The Platform and / or Its Services SILOAM reserves the right at its sole discretion to: (i) suspend, deny access to or use of the Platform for the purposes of system maintenance, upgrading, security or such other purpose as SILOAM may deem appropriate; (ii) discontinue all or part of the services on the Platform without notice to You; or (iii) add and/or modify all or part of the services on the Platform at its discretion. 5. Use Of The Platform 5.1. You agree at all times to comply with the terms and conditions that apply to each service, where applicable. 5.2. You will be responsible, at Your own cost, for providing the telecommunications connectivity, computer hardware, internet access and other technology necessary for You to access or use the Platform. 5.3. You agree not to use any software, hardware, device or electronic means to interfere, alter, deny or otherwise disrupt the normal operation of the Platform or any content within the Platform. 5.4. You will not be permitted to participate in the services conducted through the Platform without registering as a User. 5.5. If Your registration application is approved by SILOAM, SILOAM will notify You and Your User ID and password will be activated. 5.6. You are to use only the User ID and password given to You and/or to You on behalf of the business that you represent, as indicated on the applicable registration application. Unapproved and unauthorised multiple use of the User ID and password may render the User ID and password to be deactivated and for SILOAM to stop its services to You. 5.7. You will be responsible for the confidentiality and use of Your User ID and password, and You
will be held solely responsible for all communications made through the Platform using Your User ID and password whether or not authorized by You. 5.8. You will further ensure that You and/or your employees and/or agents (as the case may be) maintain confidentiality of Your User ID and password and ensure compliance by your employees and/or agents of all instructions or notices given by SILOAM from time to time regarding the use of the Platform. 5.9. You will notify SILOAM immediately upon becoming aware of any unauthorized access to or use of the Platform and agree that SILOAM shall not be responsible to You and You shall not make any claim, demand or request for compensation from SILOAM in respect of any loss or damage suffered by You as a result of any unauthorized access to and/or use of Your User ID and password. 6. Fees and Charges 6.1. Unless otherwise agreed by separate written agreement(s) with SILOAM, all fees and charges in connection with the use of the Platform and/or the Services or any related Transaction (as set out in the Fee Schedule) will be payable by You to SILOAM. 6.2. You agree that SILOAM will not be responsible for any fees, costs or taxes associated with any Transaction between a User or Purchaser and Content Contributor. 6.3. You shall be responsible for determining whether taxes are payable in respect of the Transactions under any applicable law and acknowledge that We are not liable and shall not be held responsible for paying, collecting, reporting or remitting any taxes arising from any Transactions.
not contain any electronic virus or other electronic code designed to delete, corrupt, expropriate data or otherwise disrupt system operability; and (vi) You will not engage in any activities which causes or is intended to cause undue system overload or material degradation of the Platform’s computer system resources. (vii) Maintain the security and confidentiality of password issued by SILOAM to You upon registration and to use the same only for the purposes contemplated by these Terms and Conditions
9. Disclaimer 9.1. The information on the Platform is compiled from various sources and provided on an “AS IS” basis for general information purposes only. While SILOAM will use reasonable commercial efforts to ensure that the Platform is at all material times available for use (except as provided under these Terms and Conditions), You understand and agree that use of the services and the Platform is provided on an “AS AVAILABLE” basis without any guarantee or assurance that such use or access thereto will be uninterrupted, continuous or error-free. SILOAM does not warrant or represent that (i) the information on the Platform; or (ii) the Software is free from errors or omissions, and further makes no representations, conditions or warranties whether express or implied, including any implied warranties of satisfactory quality, completeness, accuracy or fitness for a particular purpose. 9.2. The Platform may contain links to non-SILOAM controlled web sites or other software. SILOAM is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party web sites or software. Browsing or downloading information from the internet may involve risk. You are advised that Your use or selection of links to third parties is at Your own risk and You should take precautions to ensure against electronic viruses or other similar electronic items of destructive nature. 10. Limitation and Exclusion of Liability 10.1. SILOAM disclaims any and all liability for all use of the Platform or the services, including losses, damages, claims or expenses any person may incur as a result of: (i) transmission of any information to or from the Platform; (ii) failure or limitation in any security prevention or detection to or from the Platform; (iii) reliance on any information contained in the Platform; (iv) hyperlink from the Platform; (v) any error, mistake or omission in the information on the Platform; and (vi) any disruption or failure in any third-party computer network linked to the Platform; even if advised of the possibility of such loss or damage. 10.2. With the exception of death or personal injury by the proven fault of SILOAM, You expressly understand and agree that neither SILOAM, its subsidiaries or affiliates, officers, directors, employees or licensors will not in any circumstances be liable for any indirect, consequential or incidental damages, including damages for loss of business, business interruption, loss of business information, loss of data, procurement of substitute goods or services or any other losses whatsoever, arising out of (i) the use or inability to use the Platform, the services or reliance on the Platform’s contents ; (ii) unauthorised access to or alteration of your data or data transmissions; or (iii) any other matter in connection with access or use of the Platform (even if SILOAM has been advised of the possibilities of such damage).
10.3. With the exclusion of death or bodily injury directly caused by the proven fault or negligence of SILOAM, SILOAM’s aggregate liability to any User for claims under and in connection with use of the Platform, whether for liability in contract, tort or otherwise irrespective of the form of action will be limited to Singapore Dollars Two Hundred And Fifty Only (S$250.00) in respect of any one event or series of connected events and provided always that SILOAM’s aggregate liability under or in connection with these Terms and Conditions (whether for liability in contract, tort or otherwise) will be limited to the lesser of (i) Singapore dollars Two Hundred And Fifty Only (S$ 250.00); or (ii) the fees and charges actually paid by You to SILOAM in the three (3) calendar months immediately preceding the cause of action. The limitations and exclusions of liability and warranties in these Terms and Conditions are subject to any restrictions on such limitations and exclusions under the applicable law.
(i) You agree that any and all outstanding charges or fees payable by You in connection with Your use of or Transactions conducted on the Platform shall become immediately due and You will pay all such charges and fees upon demand; (ii) SILOAM may delete or otherwise remove any of Your data stored within the Platform; and (iii) SILOAM may terminate, suspend or disallow Your access to the Platform and stop all services to You.
13. Copyright All copyright, trademarks, and other intellectual property rights in the Platform (including but not limited to any images, photographs, animations, video, audio, music, text and “applets”), are owned or otherwise licensed by SILOAM. No title or any intellectual property right is transferred hereunder. No part of this Platform may be reproduced, distributed or modified in whole or in part in any manner whatsoever by any medium without the written consent of SILOAM. 14. Trademarks 14.1. The Platform domain name(s) (where applicable), the SILOAM logo, SILOAM., “Overwrite” logo and/or other SILOAM products and services referenced within the Platform or associated materials are trademarks or copyright of SILOAM, and may be registered in certain jurisdictions. All other product names, company names, marks and logos referenced may be trademarks of their respective owners. 14.2. Nothing within these Terms and Conditions should be construed as granting any right any license or right to any trademarks or the Platform content without the written permission of SILOAM, or the respective third-party owners. 15. Confidentiality 15.1. You agree to preserve the confidentiality of any Confidential Information and not to permit the disclosure of Confidential Information to any unauthorised parties. Where applicable, You will undertake to ensure that any of Your employees, financial or legal representatives to whom all or any of the Confidential Information is disclosed, strictly on a “need to know” basis in furtherance of Your obligations under these Terms and Conditions, shall enter into written confidentiality undertakings to protect unauthorised disclosure of the Confidential Information upon terms equivalent to this provision. 15.2. You further agree and acknowledge that any breach or threatened breach by You of the confidentiality provisions in these Terms and Conditions may cause irreparable injury to SILOAM for which monetary damages would be an inadequate remedy and that, in addition to any other remedies that may be available, in law, in equity or otherwise, SILOAM shall be entitled to obtain injunctive, prohibitory or other urgent relief against the threatened breach of these Terms and Conditions or the continuation of any such breach by You, without the necessity of proving actual damages.