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Notice of Amendment to Platform Agreement (effective 26 February 2024)
19
February 2024
We are updating our Privacy Policy, and Platform Agreement, which will take effect on 26 February 2024. You can find the updated Privacy Policy via this link, and Platform Agreement via this link.
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Please note that the updated Privacy Policy, and Platform Agreement will be binding on you if you continue to operate your Account and/or use our Services and/or use our Platform and/or otherwise provide information to or communicate with us, on or after 26 February 2024. If you do not accept the revised terms, you have the right to terminate your account with us.
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Please feel free to get in touch with us on support@endowus.com if you have any questions.
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Summary of Amendments to the “Privacy Policy” (Changes indicated as strikethrough for deletion and grey highlighted for newly added)
| Clause | Exisiting Clause | Revised Clause |
|---|---|---|
| 1 | By using our services pursuant to your agreement(s) with us ("Services"), operating any account maintained with us, accessing the online platform operated by us (which is accessible through our website at www.endowus.com or through our mobile application) ("Platform"), websites or mobile applications, or otherwise providing information to or communicating with us, you are taken to have agreed to our collection, use, processing and disclosure of your Personal Data in accordance with this Privacy Policy. | By using our services pursuant to your agreement(s) with us (including but not limited to the Agreement (defined below)) ("Services"), operating any account maintained with us, accessing the online platform operated by us (which is accessible through our website at www.endowus.com or through our mobile application) ("Platform"), websites or mobile applications, or otherwise providing information to or communicating with us, you are taken to have agreed to our collection, use, processing and disclosure of your Personal Data in accordance with this Privacy Policy. |
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Summary of Amendments to the “Platform Agreement” (Changes indicated as strikethrough for deletion and grey highlighted for newly added)
| Clause | Exisiting Clause | Revised Clause |
|---|---|---|
| 2 | "Platform" means the online platform (accessible through our website at www.endowus.com or through our mobile application) operated by us; | "Platform" means the online platform (accessible through our website at www.endowus.com or through our mobile application) operated by us including any software or information provided as part of or in connection with the Platform and includes our website as well as any electronic means of communication which we have made available to you;; |
| 2 | "Service"Â means any service provided by us through the Platform | "Service" means any service provided by us through our Agreement with you and/or through the Platform- |
| 6.1 | The names, images, logos, or any other trademarks ("Marks") identifying us or third parties and their products and services are subject to copyright, design rights, and trademarks of us and/or third parties, with all rights to the Marks expressly reserved by us or the relevant third parties; nothing in this Platform Agreement shall confer any license or right to use any trademark, patent, design right, or copyright of us or any other third party without prior written consent, and you shall not use our Marks or the Marks of any other third party in any way, including in advertising, publicity, or as a hyperlink without our prior written consent. | The names, images, logos, or any other trademarks (Marks") identifying us or third parties and their products and services are subject to copyright, design rights, and trademarks of us, our affiliates, and/or third parties, with all rights to the Marks expressly reserved by us, our affiliates, or the relevant third parties; nothing in this Platform Agreement shall confer any license or right to use any trademark, patent, design right, or copyright of us or any other third party without the prior written consent of us, our affiliate, or such third party, and you shall not use our Marks or the Marks of any of our affiliates or other third parties in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent. |
| 6.2 | We, our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, and other third parties we may appoint for the operation of this Platform or the provision of services to you, and licensors, own and retain all rights, titles, and interests in and to... | We, our affiliates, our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, and other third parties we may appoint for the operation of this Platform or the provision of services to you, and licensors, own and retain all rights, titles, and interests in and to... |
| 6.5 | Unauthorised conduct or use of the Platform or the Platform Contents may violate our or any third-party owners' intellectual property rights and may also be an offense under the Computer Misuse Act (Cap. 50A) of Singapore. |
Unauthorised conduct or use of the Platform or the Platform Contents may violate ours or any third party owners' intellectual property rights and may also be an offence under the Computer Misuse Act |
| 6.6 | Without prejudice to the generality of the foregoing, all copyright, trademarks, trade secrets, service marks, registered and unregistered design rights, and all other intellectual property and other rights in the applications, processes, systems, and services relating to the Platform are property of Endowus and shall at all times remain the sole and exclusive property of Endowus, and/or where applicable its licensors. You shall have no right or interest in such intellectual property or other rights, except the right to access and use the Service as provided to in this Platform Agreement. All rights not expressly granted to you are reserved by Endowus. | Without prejudice to the generality of the foregoing, all copyright, trademarks, trade secrets, service marks, registered and unregistered design rights, and all other intellectual property and other rights in the applications, processes, systems, and services relating to the Platform are property of Endowus and/or our affiliates and shall at all times remain the sole and exclusive property of Endowus and/or our affiliates, and/or where applicable its or their licensors. You shall have no right or interest in such intellectual property or other rights, except the right to access and use the Service as provided to in this Platform Agreement. All rights not expressly granted to you are reserved by Endowus and/or our affiliates. |
| 7.1 | The Platform is provided 'AS IS' on an 'IS AVAILABLE' basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights… | The Platform is provided 'AS IS' on an 'IS AVAILABLE' basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We, our affiliates, and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights… |
| 7.3 | ...You confirm that you will not hold us liable, whether in contract, tort (including negligence) or otherwise for any losses, costs, charges, damages or expenses ('losses') that you may suffer directly or indirectly and which arise as a result of Endowus and you transmitting data or documentation to each other through the internet, electronic mail or other electronic media including any losses arising from breaches of security caused by third parties; and you (and your personal representatives) will fully indemnify each Indemnified Person against all claims, reasonable costs and expenses (including legal fees), damages, liabilities and losses which any Indemnified Person may suffer or incur directly or indirectly as a result of, or in connection with, or arising out of our use of the internet or electronic mail as a medium to communicate with you, or to transmit data or documentation from us to you, or in connection with any claim, action, proceeding or investigation arising out of or in connection with such medium of communication (including all costs of enforcement)… | ...You confirm that you will not hold us liable, whether in contract, tort (including negligence) or otherwise for any losses, costs, charges, damages or expenses ('losses') that you may suffer directly or indirectly and which arise as a result of Endowus and you transmitting data or documentation to each other through the internet, electronic mail or other electronic media including any losses arising from breaches of security caused by third parties; and you (and your personal representatives) will fully indemnify each of Endowus, its affiliates, and its and its affiliates’ officers, directors, employees, representatives and agents (the “Indemnified Person”) against all claims, reasonable costs and expenses (including legal fees), damages, liabilities and losses which any Indemnified Person may suffer or incur directly or indirectly as a result of, or in connection with, or arising out of our use of the internet or electronic mail as a medium to communicate with you, or to transmit data or documentation from us to you, or in connection with any claim, action, proceeding or investigation arising out of or in connection with such medium of communication (including all costs of enforcement)… |
| 7.4 | Exclusion of liability. To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under this Platform Agreement, you acknowledge and agree that we (and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns) are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:… | Exclusion of liability. To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under this Platform Agreement, you acknowledge and agree that we, our affiliates, and any of our or our affiliates’ service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you (including the Service), directors, officers, employees, subsidiaries, successors or assigns are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:… |
| 7.5 | Your indemnities to us. To the maximum extent permitted under Applicable Laws and without prejudice to any other rights we may have under this Platform Agreement, you shall indemnify, and shall keep indemnified, us and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which we may incur or sustain (directly or indirectly) or which may be made against us in any jurisdiction as a result of or in connection with or arising out of: (i) your use of the Platform or our services, (ii) our operation of the Platform or the provision of our services, save where such losses are directly caused by our own gross negligence or willful default or that of our directors, officers, employees or agents. | Your indemnities to us. To the maximum extent permitted under Applicable Laws and without prejudice to any other rights we may have under this Platform Agreement, you shall indemnify, and shall keep indemnified, us, our affiliates and any of our or our affiliates’ service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which we may incur or sustain (directly or indirectly) or which may be made against us in any jurisdiction as a result of or in connection with or arising out of: (i) your use of the Platform or our services, (ii) our operation of the Platform or the provision of our services, save where such losses are directly caused by our or our affiliates’ own gross negligence or willful default or that of our or our affiliates’ directors, officers, employees or agents… |
| 8.6 | No third party rights. Unless stipulated otherwise, a person who is not a party to this Platform Agreement shall have no right under the Contracts (Rights to Third Parties) Act (Cap. 53B) of Singapore or under any law, to enforce any provision in this Platform Agreement. |
No third party rights. Unless stipulated otherwise, a person who is not a party to this Platform Agreement shall have no right under the Contracts (Rights to Third Parties) Act 2001 |
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