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TERMS OF USE

Last updated: November 2019

1. INTRODUCTION

1.1 These terms and conditions (“Terms of Use”) represent the contract between CompassList Pte. Ltd. (hereinafter referred to as “we”, “our”, “us” or “the Company”) and you, the user, governing your use of this website www.compasslist.com and all pages within the domain (the “Website”). BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DISAGREE WITH ALL OR ANY PART OF THESE TERMS OF USE, PLEASE DO NOT USE OR CONTINUE ANY FURTHER USE OF THIS WEBSITE.

1.2 These Terms of Use are without prejudice to any terms and conditions of our paid Lister Premium subscription service (“Lister Premium Ts n Cs”), our free Lister Basic account terms and conditions (“Lister Basic Ts n Cs”), our Privacy Policy and our Cookies Policy. In the event of any conflict, the conflict shall be resolved in the following order of primacy: (i) Lister Premium Ts n Cs; (ii) Lister Basic Ts n Cs; (iii) these Terms of Use; (iv) Privacy Policy; and (v) Cookies Policy.

2. LICENCE AND ACCEPTABLE USE

2.1 Subject to restrictions found in these Terms of Use, the Company grants you a temporary, non-exclusive, non-transferable, revocable licence to view and access content on the Website available to your class of user. You shall not attempt to gain any unauthorised access to any part of the Website and/or its contents.

2.2 In addition to these Terms of Use, you shall use the Website in compliance with all laws, directives and regulations applicable to you. Where access to the Website is prohibited in your country, you shall not attempt to access the Website and/or circumvent any measures restricting access to the Website.

2.3 You may NOT use this Website:

(a) for any form of commercial exploitation. The licence granted in section 2.1 is limited to your personal use of the Website only;

(b) in any way that causes, or may cause damage to the Website and/or interference with the use, performance, accessibility and availability of the Website;

(c) as part of any systematic or automated data collection activities, including but not limited to data mining, data harvesting and scraping;

(d) to store, transmit, publish or distribute any malicious computer software, including but not limited to spyware, viruses, Trojans and worms; or

(e) for any unlawful, illegal, fraudulent, dishonest, criminal or harmful purpose or activity.

2.4 Any unauthorised use of this Website shall result in the immediate termination of the temporary licence referred to in clause 2.1 above.

3. COOKIES AND PRIVACY POLICY

3.1 We are committed to protecting and respecting your privacy. We will comply with all applicable data protection and privacy laws. Please take the time to familiarise yourself with our Privacy Policy and Cookies Policy, which you will be deemed to have accepted by using the Website.

4. INTELLECTUAL PROPERTY

4.1 We are the rightful owner or valid licensee of all intellectual property rights (including but not limited to, patents, copyrights, trademarks, service marks, logos, trade names and know-how) in and to the Website and all of its content (including but not limited to, text, articles, pictures, images, photographs, graphics, animations, pictures, software and programs, files, video, audio and music). You acknowledge and agree that you acquire absolutely no rights or licences in or to the Website or its contents through your use of the Website.

4.2 You shall not reproduce, distribute, exploit, communicate, reverse engineer, decompile, disassemble, perform, modify, translate, create any derivative works from or adapt any content, source code, design or any other intellectual property relating to the Website or its content, except in the following circumstances:

(a) To the extent that such acts are required for the lawful and reasonable use of the Website;

(b) As permitted through the functionality of the Website available to your class of user, e.g. sharing our articles using tools that we make available on the Website;

(c) In accordance with clause 4.3 below;

(d) With our express prior written permission; or

(e) To the extent permitted by any applicable law.

4.3 Without prejudice to clauses 4.1 and 4.2, you may include on your website, social media posts or in private emails (i) the original headline in full of an article on the Website; (ii) the first 40 words of the article (where the article comprises more than [xxx] words); and/or (iii) a link to the article, subject to the following conditions:

(a) The aforementioned website or social media posts do not contain inappropriate, profane, infringing or otherwise objectionable material as determined by the us in our sole and absolute discretion;

(b) The aforementioned website or social media posts shall not lead to damage, dilution or tarnishment of the goodwill of the Company and/or the reputation of the Website;

(c) You shall attribute “CompassList Pte. Ltd.” in writing as the source of the link and/or its related content;

(d) You shall not remove the copyright or trade mark notice from any copies of our content;

(e) The aforementioned website or social media posts shall not create the false impression that they or you or any entity you represent are endorsed by, sponsored, linked to or otherwise associated with the Company;

(f) You shall not share the link and/or its related content for any monetary benefit or other commercial gain;

(g) You shall not frame, archive, mirror or systematically download, cache, print or store any web page on this Website without our express prior written approval; and

(h) You shall remove the link and/or its related content as soon as reasonably practicable, and in any event no later than 48 hours, when notified by us to do so.

4.4 While we welcome feedback on how we can better improve our services, you hereby acknowledge and agree that unless otherwise specified by us in writing, any feedback you provide is deemed to be non-confidential and non-proprietary, and we shall be free to use such information on an unrestricted basis.

4.5 This section 4 shall be without prejudice to section 5 on User Content.

5. USER CONTENT

5.1 You may be permitted to submit content (including comments) in various areas of the Website. When you submit content to the Company, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of the content to submit it to the Website.

5.2 You or the owner of the content still own the copyright in the content submitted to us, but by submitting the content, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, unrestricted, fully transferable, perpetual, worldwide licence allowing us to, use, copy, sublicense, adapt, display, publish and/or transmit all or any part of your content in any format and on any platform, either now known or hereafter to be invented.

5.3 You acknowledge and agree that when you post comments on the Website, you are doing so at your own discretion and risk. You further acknowledge and agree that the views expressed by you do not necessarily reflect the views of the Company, and that we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, filter, monitor, review, moderate or edit any content posted by you. You agree to indemnify us against any and all damage, costs, losses or expenses (including the full extent of legal fees) incurred or sustained by us arising out of or in relation to your comments.

5.4 We reserve the right at our sole and absolute discretion to censor, crop, edit, remove, or refuse to publish, your submitted content at any time.

5.5 You undertake not to post content that, as determined in our sole and absolute discretion,

(a) is obscene, threatening, abusive, harassing, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory, or otherwise objectionable;

(b) is discriminatory on the basis of race, religion, ethnicity, sex, gender, sexual orientation, disability or age;

(c) infringes any intellectual property right of any party or individual, including but not limited to copyright, trade mark, patent, trade secret, designs and/or confidential information;

(d) is harmful to minors;

(e) constitutes the personally identifiable information of any other person which such person has not authorized you to disclose;

(f) constitutes or otherwise encourages criminal conduct;

(g) is spam or flood (repeatedly posting the same message);

(h) is posted using an account that impersonates any person or entity (including our employees or contractors) or misrepresents any connection with any person or entity; or

(i) exploits the Website for commercial and/or promotional purposes, including without limitation, submitting comments that solicit funds or business, or promote, advertise, market or otherwise solicit the sale of any goods or services.

6. DISCLAIMERS AND LIABILITY

6.1 While the Website is intended for access 24 hours a day and 7 days a week, we do not guarantee constant, uninterrupted access to the Website, or that the Website will operate without faults or errors, or that the Website will always remain available. We reserve the right without giving prior notice to change the form, nature and functionality of the Website, to suspend access to the Website or to shut it down indefinitely and without assigning any reason whatsoever therefor.

6.2 The information and content on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. For the avoidance of doubt, we provide no warranty as to the accuracy, timeliness, suitability for any purpose, completeness or reliability of any information or content on the Website. We are under no obligation to update any information or content on the Website. Any reliance placed on information or content on the Website is made at your own discretion and risk. In particular, the information or content on the Website is not intended to be and should not be relied upon as advice, representation or endorsement in respect of any specific business model, investment, sale, purchase and/or other financial or business decisions.

6.3 The Website may contain advertising material submitted by third parties. We do not endorse, nor bear responsibility for the content of the advertising material, including for its accuracy or suitability for any purpose.

6.4 We do not endorse or accept responsibility in any way for any content (including comments) posted on the Website by users unless done in his/her capacity as employees of the Company.

6.5 We shall not be responsible or liable to you in the event of any systems or communications errors, bugs, malware or viruses as a result of your use of the Website and its content which results in any damage whatsoever to your hardware, software and/or data.

6.6 In order to use the Website, you may be required to download third party software. We do not provide any warranty nor accept any liability in respect of any consequences of the download, installation, operation and/or use of such third party software.

6.7 We do not warrant that the access to this Website and the content and services provided herein is legal in the jurisdiction that you access it from. It is your sole responsibility to ensure that you are acting legally in accessing the Website and the content and services provided herein. You agree to bear full responsibility and to indemnify us for any consequences of your unauthorised or illegal access.

6.8 We shall not be liable for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with your use of the Website and the content and services provided herein, except to the extent to which it is unlawful to exclude such liability under the applicable law.

6.9 We expressly exclude liability for any indirect, special, incidental or consequential loss or damage which may arise in respect of the use or otherwise of the Website and the content and services provided herein, and for any loss of profit, opportunity, business, revenue, goodwill or anticipated savings, whether or not such losses were within our contemplation at any material time.

6.10 You acknowledge that, with respect to any claim you may have arising out of or arising from your use of the Website, any damage suffered by you will not be irreparable or otherwise be such as to entitle you to injunctive or other equitable relief or to in any way enjoin our exploitation or other use of the Website and its content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages in an action at law, if at all.

6.11 You undertake to bear full liability and to indemnify the Company, our parents, investors, subsidiaries, affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, losses, damages, costs and/or expenses associated with any breach by you or any user of your account of any of the provisions in these Terms of Use.

7. VARIATION

7.1 We reserve the right to change these Terms of Use from time to time at our sole and absolute discretion. The most updated Terms of Use will be made available promptly on the Website. It is your responsibility to keep yourself updated and aware of the latest version of these Terms of Use. If any change is unacceptable to you, you should immediately cease all further use of the Website. If you continue using the Website after the changes take effect, you will be deemed to have accepted the changes.

8. MISCELLANEOUS PROVISIONS

8.1 Severability: If any term or provision of these Terms of Use is held to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms of Use shall not be affected.

8.2 Waiver: Any failure by us to enforce at any time any of the provisions of these Terms of Use or any rights or remedies in respect thereto shall in no way be considered to be a waiver of such provisions or rights, or in any way affect the validity of these Terms of Use.

8.3 Legal Relationship: Nothing in These Terms of Use shall be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships or any other similar relationship between us and you.

8.4 Entire Agreement: These Terms of Use supersedes all prior agreements, arrangements and understandings between the parties relating to the use of the Website, and constitutes the entire agreement between the parties relating to the same. All other documents, whether signed or unsigned, which are inconsistent with these Terms of Use, shall not be given any effect unless otherwise provided for in these Terms of Use, or unless this clause is specifically waived by us in writing.

9. GOVERNING LAW AND JURISDICTION

9.1 Use of the Website and these Terms of Use are governed by and shall be construed in accordance with the laws of the Republic of Singapore. You hereby submit to the exclusive jurisdiction of the courts of the Republic of Singapore in respect of all matters and disputes arising under or in relation to the use of the Website and these Terms of Use.

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