EULA
End User License
Agreement
This End-User
License Agreement ("EULA") is a legal agreement between Quantum Inventions
("QI") and the end-user ("User") for the usage of QI's servers, software,
client applications, products, websites (collectively, "QI Services") and all
other related content and services essential and necessary for the provision
and proper operation of QI Services whether provided by QI or other 3rd parties
as the case may be.
By using or
installing QI Services, the User acknowledges the terms of this EULA and
further agrees to be legally bound by it. If the User does not agree to any of
the terms in this EULA, the User may not install or use any of the QI Services.
1. GRANT OF
LICENSE
QI grants the User
the following rights and privileges under this EULA.
2. TERMS OF USE
2.1 Acceptable
Use. The User may install, use, and/or otherwise access QI Services
from the Mobile, Web, Personal Navigation Devices ("PND") and In-dash
Navigation Systems solely for personal and non-commercial use.
2.2 Access
of Service. The User may access the QI Services from any combination
of the available platforms of which the QI Services are available.
2.3 No
Reselling Rights. The User is explicitly prohibited from distributing,
reselling or copying any part of QI Services unless otherwise authorized by an
authorized agent of QI.
2.4 No
Modifications. The User is explicitly prohibited from any attempts to
reverse engineer, modify, hack, recreate, decompile or disassemble any part of
the QI Services.
2.5 No
Copyrights. Copyrights and Data within QI Services remain the
intellectual property of QI and relevant 3rd party providers and are protected
by copyrights and other intellectual property laws and treaties. The User shall
not, by any means, copy the data or content provided with in QI Services for
any purposes including but not limited to reselling, modification, research or
not-for-profit purposes unless with explicit written permission from QI or QI�s
3rd party providers.
2.6 No
Automated Access. The User shall not use any type of spiders, web
crawlers, bots, automatic indexers, web robots, scripts or any other form of
automated technology to access any of the QI Services.
2.7 All
Other Uses Prohibited. Any other use of QI Services not explicitly
stated in this Clause 2 is expressly prohibited unless with the prior written
agreement from QI.
3. RESERVATION OF
RIGHTS AND OWNERSHIP
3.1 No Assignment
of Rights. QI reserves all rights not expressly granted to the User in
this EULA. QI Services are protected by copyright and other intellectual
property laws and treaties. Nothing in this EULA shall be deemed as any
assignment of rights to any User or any other parties.
3.2 No
Assignment of Rights from 3rd Party Providers. QI�s suppliers and 3rd
Party Providers own the title, copyright, and other intellectual property
rights to their own services, trademarks, logos, content, product within the QI
Services and nothing in this EULA shall be deemed as assignment of any rights
to any User or any other parties.
4. DISCLAIMER
QI Services are
provided to users on an AS-IS basis and QI makes no warranties whatsoever of
any kind in any form as to quality, accuracy, availability or any other measure
of the service. The User agrees not to hold liable QI and its employees in the
event of any loss resulting from the use of QI Services.
4.1 Availability
of QI Services. QI expresses no warranties on the service level of
availability of any of QI Services. Moreover, decreases in the level of
availability arising from, but not limited to handset malfunction, outages from
network service providers, lack of network coverage, server crashes or any
other third party dependencies shall not be construed as the failure of QI and
QI shall not be held liable for any of such claims, compensations, damages
(consequential, direct or indirect) which may be sustained or incurred or suffered
from such failures.
4.2 Compatibility. While
QI takes every measure possible to ensure that QI Services is compatible with
as many versions of the relevant mobile Operating Systems, firmware versions,
mobile browsers and web browsers, QI expresses no warranties regarding the
compatibility of any QI Services on any of the respective mobile Operating
Systems, firmware versions, mobile browsers and web browsers, or any forward or
backward compatibility whatsoever.
4.3 Fitness
for Purpose. QI expresses no warranty, implied or explicit regarding
the suitability of use of any of QI Services for any purposes.
5. ADVERTISING
QI reserves the
rights to push third party advertisements to users of QI Services through any
of the supported platforms of which the QI Services are made available on.
5.1 Quality
of Advertisements. QI expresses no warranties regarding the accuracy,
relevancy or dependability of the third party
advertisements displayed within the application. Users agree not to hold QI
liable to the quality of the advertisements.
5.2 Quality
of Advertisers Products or Services. QI expresses no warranties
regarding the quality of the products or services advertised on QI Services.
Users agree not to hold QI accountable to the claims, promises, or any other
form of description made by said advertisers of their products or services.
5.3 Rights
of Advertisers. All trademarks, copyright, designs and other
intellectual property comprised in the 3rd party advertisements belong to the
respective advertisers. No use and reproduction of any part of the same in any
manner is allowed without the Advertiser�s prior explicit consent.
6. TRACKING
QI implements
various tracking features to collect information regarding the User�s activity
or usage of QI Services. Such tracking may include, but
are not limited to the tracking of user�s position, search history, user
profile and any other activity within the QI Services. QI will use these information for purposes such as data mining, user
profiling, advertising, to improve the Quality of Service (QoS) for QI Services
and any other purposes as deemed necessary or important by QI. However, QI will
not resell, offer, nor make available in any means to any 3rd parties, any
personally identifiable information without the prior written consent of the
User.
By using the QI
Services, the User hereby explicitly agrees to QI�s tracking and collection of
said personal information about the user. The use of this user information is
further governed by QI�s privacy policy as per clause 8 of this EULA.
7. THIRD PARTY
RIGHTS, TERMS AND POLICIES
QI leverages upon
several 3rd Party Providers in the provision of QI Services to Users. By using
QI Services, the User agrees to be bound by the terms and conditions of these
third parties. Notwithstanding anything to the contrary in the foregoing, all
data, services or content provided by these 3rd Party Providers to the User,
through QI�s Services are provided on an AS-IS basis and the 3rd Party
Providers make no warranties whatsoever of any kind in any form as to the
quality, accuracy, availability, fitness for purpose, or any other measure of
the data, services or content and the User further agrees not to hold liable
any of these 3rd Party Providers for any loss resulting from the use of QI
Services.
7.1 Google. QI
Services that uses Google Maps and/or any other Google functionalities is
dependent on Google as a 3rd party provider to QI Services. As such, by using
the QI Services which incorporate some or all of Google�s services, the User
further agrees to be bound by Google�s Terms of Use which is available for
viewing at http://code.google.com/apis/maps/terms.html, and Google�s privacy
policy found at http://www.google.com/privacy.html.
7.2 Singapore
Land Authority OneMap. QI Services that uses the Singapore Land
Authority�s (SLA) OneMap is dependent on SLA as a 3rd party provider to QI
Services. As such, using the QI Services which incorporate some or all of SLA�s
OneMap, the User further agrees to be bound by SLA�s Terms of Use which is
available for viewing at http://www.onemap.sg/home/TermsOfUse.html.
7.3 Land
Transport Authority of Singapore. QI Services rely on the Land
Transport Authority of Singapore (LTA) as a provider for traffic information
including but not limited to road travel speeds, traffic camera data, estimated
time of arrival, road network information and traffic incidents. The User
agrees to abide and be bound by LTA�s Terms of Use, a copy of which is
available at http://www.lta.gov.sg/content/lta/en/home_terms.html, in
using QI Services which disseminates, shows, aggregates or otherwise displays
information from LTA.
7.4 National
Environment Agency. The National Environment Agency (NEA) provides
weather related information to users through the QI Services. Users using any
of QI Services, for which weather related information from NEA is a part of,
agree to abide and be bound by such Terms of Use from NEA, a copy of which can
be found at http://app2.nea.gov.sg/termsofuse.aspx.
7.5 SMRT
Corporation Ltd. QI Services include providing information to the User
regarding public transport services of SMRT Corporation Ltd., including but not
limited to arrival timings, train and bus routes, train and bus networks and
travelling time. The use of such information by the User is governed by SMRT�s
terms of use, a copy of which is available at http://www.smrt.com.sg/general/terms_of_use.asp. The
User further agrees to abide by and be bound by such Terms of Use.
7.6 SBS
Transit Ltd. QI Services include the provision of information to the
User regarding public transport services of SBS Transit Ltd., including but not
limited to arrival timings, train and bus routes, train and bus networks and
travelling time. The use of such information by the User is governed by SMRT�s
terms of use, a copy of which is available at http://www.sbstransit.com.sg/conditions.aspx. The
User further agrees to abide by and be bound by such Terms of Use.
7.7 All
Other 3rd Party Providers. For all other 3rd party providers not
mentioned in this clause 7, but who are providers or suppliers to QI for part
or all of the provision of QI services, the User
further agrees to be bound by and abide by the Terms of Use and Privacy
Policies of the respective and relevant providers or suppliers.
8. PRIVACY POLICY
Data and all other
information provided or submitted by the user through the usage of QI Services
or via any forms of communication with QI constitute user information (User
Information). QI treats User Information which by its very nature is sensitive,
in the strictest confidence. For the avoidance of doubt, any personal data as
defined in the Personal Data Protection Act 2010 (PDPA) that is provided to QI
in the User�s regular use of QI Services, shall also constitute User
Information. In the treatment of User Information, QI will at
all times comply with PDPA and the principles set out therein.
Users agree that
QI and/or its affiliates may collect and use such User information including
but not limited to the user�s Name, Age, Gender, and location gathered from QI
Services to profile users as part of QI�s ongoing measures to provide better
and more relevant services including but not limited to advertising, R&D,
data mining and user profiling.
QI will not use
this User Information to personally identify the user. However, QI may share
aggregated User Information that is not personally identifiable with partners,
governmental organizations, clients, other users of QI Services and the general
public.
QI will not resell
nor provide personally identifiable User Information to third parties without
the written consent of the user, unless required by statutory requirements,
regulatory requirements or through a discovery process in legal proceedings
initiated in a court of competent jurisdiction.
9. TERMINATION
Without prejudice
to any other rights or any of the foregoing, QI may at its own discretion
terminate this EULA for any reasons including but not limited to the User�s
failure to comply with the terms and conditions of this EULA or any of the 3rd parties terms and conditions. As such, QI may remove, block
or otherwise stop access to any or all of the QI
Services for the User and the User must remove all instances of QI Services on
all devices and platforms that the User is in possession of.
Additionally, QI
may at its own discretion, stop the provisioning of part or all
of the QI Services without giving any prior notice to the User. At such
the onset of such an event, this EULA would be terminated with immediate effect
and deemed NULL and VOID. The User agrees not to hold QI or any of QI�s agents,
officers, affiliates, subsidiaries or parent companies, responsible or liable
for any damages or compensation that may result from QI�s termination of part
or all of the QI Services or this EULA.
10. LIMITATION OF
LIABILITY AND INDEMNITY
Except as
expressly stated herein, (a)QI grants no other warranties relating to the
provision of the QI Services and all other conditions, warranties, stipulations
or other statements whatsoever, whether express or implied, by statute at
common law or otherwise howsoever, relating to the application, are hereby
excluded: in particular (but without limitation to the foregoing), QI grants no
warranties regarding the fitness for purpose, accuracy of the data or
performance that may be provided hereunder, whether express or implied, by
statute at common law or otherwise howsoever; and (b) no claims shall be made
against QI in respect of any inaccuracy of the data, usability of QI Services,
availability of QI Services or any other forms or for any other reasons not
stated herewith. QI shall not be subjected to any liability for any costs,
expenses or claims, damages or losses to the User or any other third parties
resulting from any reason or cause howsoever and whatsoever arising from the
use of the QI Services under this EULA.
11. AMENDMENTS TO
EULA
QI reserves the
right and without notice to impose such further terms and conditions and
changes to this EULA as it may in its discretion deem fit. The User�s continued
use of QI�s Services shall be deemed as acceptance of the amendments or
changes. Any amendments or changes to the EULA will be updated to the copy
available at http://cms.quantuminventions.com/eula and
this copy is the sole and authoritative source of the EULA. In the case of any
discrepancies or inconsistencies between any versions of QI�s EULA found at any
other place whether in a digital or physical format, the EULA at http://cms.quantuminventions.com/eula shall
prevail in favor of QI.
The User is
advised to review the EULA periodically.
12. ENTIRE
AGREEMENT
This Agreement is
an entire agreement and supersedes any conditions, warranties, representations
expressed or implied not contained herein. The terms and conditions stated in
this EULA are final and conclusive. If any clause herein shall be found by any
Court or administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability shall be removed but shall
not affect the other provisions of this EULA which shall remain in full force
and effect.
13. APPLICABLE LAW
This EULA is governed and construed in accordance
with the laws of the Republic of Singapore and both QI and the User hereby
agree to submit to the exclusive jurisdiction of the Singapore Courts.