Terms and Conditions of Use

1.1 This agreement explains the terms and conditions that apply when you use any Electronic Services provided by us.

1.2 When we refer to “this agreement”, “the agreement” or “your agreement”, we mean our Terms and Conditions Governing Electronic Services.

1.3 This agreement will replace all previous terms and conditions relating to the provision of Electronic Services. Nothing in this agreement will supercede or vary any term set out in other terms and conditions governing our relationship with you.

1.4 In the event of any contradiction or inconsistencies with other terms, this agreement shall prevail in respect of your use of Electronic Services and resolution of any disputes or issues arising out of your use of our Electronic Services. Where the issue relates to your Accounts or any specific product, the terms and conditions governing your Accounts or the product shall prevail.

1.5 When you use any of our Electronic Services described in this agreement, or authorise others to use them, you acknowledge and agree to the entire terms and conditions of this agreement which forms the basis of the agreement between you and us.

1.6 By “you”, “your” or “yours”, we mean everyone as a named user on your login account, together, individually and includes you or your Authorised User.

1.7 By “we”, “us”, “our” and “ours”, we mean “MyCompany (Singapore) Pte Ltd”, “MyCo”, including its

1.8 This agreement is governed by Singapore law and shall be subject to the non-exclusive jurisdiction of the Singapore courts.

1. By continuing to Use Our Site and/or our Cloud Application, You acknowledge and agree that You have read, understood, accepted and agreed with these T&Cs.

2. You acknowledge and agree that if You did not to positively agree to these T&Cs then We are unable to, and do not intend for You, to have access to Our Cloud Application and any content and/or Services that are comprise and/or offered therein.

3. You acknowledge and agree that These T&Cs strictly govern Your access to and Use of the Cloud Application including access to the Services that We offer, and may offer, from time to time via the Website and/or Cloud Application.

4. By Using the Cloud Application, You acknowledge and agree that You:

• accept these T&Cs;
• shall at all times comply with these T&Cs; and
• accept Our Privacy Policy also found on our website.

5. If You do not accept and agree to these T&Cs, You acknowledge and agree that You should immediately exit from and not Use Our Site and/or application.

6. Subject to the above Clauses and Your compliance with these T&Cs, We hereby grant You a revocable, royalty-free, non- exclusive, non-transferable licence to Use:

• the Cloud Application to utilise the services facilitated by the same;
• any content, information and related materials that may be made available through the Cloud Application;
• the Cloud Application for Your normal business purposes and/or own personal use; and
• the Cloud Application strictly in compliance with these T&Cs.

7. Clause 4 is strictly conditional on You ensuring that You shall not (and shall not permit anyone else to):

• reproduce, modify, distribute, transmit, post or disclose any Cloud Application content without Our prior written approval which may be withheld in Our sole and absolute discretion;
• modify, alter, modify or adapt all or any part of the Cloud Application in any way;
• remove any copyright, trademark or other proprietary notices displayed on the Website and Cloud Application;
• use any part of the content on the Website and Cloud Application for commercial purposes without obtaining a licence to do so from Us or Our licensors;
• modify the paper or digital copies of any materials You have printed off or downloaded in any way;
• try to gain access to any other area of the Cloud Application by hacking, password «mining» or any other illegitimate means;
• link to, mirror or frame any part of the Cloud Application without Our prior written approval which may be withheld in Our sole and absolute discretion;
• pretending You are or impersonating another individual; or
• using the Cloud Application or any Cloud Application content for any unlawful activity and/or activity prohibited by these T&Cs, including developing, offering or engaging in the performance of similar or competing services.

8. For the purposes of this agreement, Your right to Use will start when You have log on for the first time and will continue until ended in accordance with the provisions of these T&Cs.

9. Where You breach these T&Cs, Your right to Use the Cloud Application shall cease immediately.

10. The licence to Use the Cloud Application applies to:

• You acting in Your individual capacity as a natural person;
• Your company on behalf of whom You are legally authorised to act, such company being as indicated in the Account Information; and
• You acting in Your individual capacity as a director or shareholder of the company.

11. To gain access to and/or purchase any Services, You acknowledge and agree that You are required to register for and maintain a User Account.

12. To register for a User Account, You are required to be at least 18 years old and must provide Us with the required Account Information.

13. You warrant and represent to Us that:

• the Account Information that You provide to Us is accurate, complete, valid (where applicable) and that You will maintain it in such condition on an ongoing and continuous basis; and
• where You are Using a User Account on behalf of a company, You have the requisite legal authority to do so.

14. You acknowledge and agree that a breach of any of the above clauses shall result in the termination of these T&Cs and immediate termination of Your right to Use the Cloud Application and/or Services.

15. You shall at all times maintain the security and secrecy of Your Account Information and the username and password of Your User Account.

16. You shall not authorise any Third Party to use Your User Account. You may not assign or otherwise transfer Your User Account to any other natural person or legal entity.

17. You shall be responsible for all activity that occurs under Your User Account, unless You provide sufficient evidence to Our reasonable satisfaction that Your User Account has been the subject of unauthorised use.

18. You shall notify Us of any breach of security of Your username and password immediately.

19. You acknowledge and agree that these T&Cs govern Your Use of the Cloud Application but the conclusion of any contract in connection with any Services You seek to acquire from Us shall be subject to a separate Service Contract.

20. You acknowledge and agree that where You have executed a Service Contract and there is any conflict, ambiguity or nconsistency between the Service Contract and these T&Cs, the Service Contract shall take precedence.

21. You acknowledge and agree that You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or use Our IPR.

22. The Website and Cloud Application and all rights therein are and shall remain Our property or the property of Our licensors. Neither these T&Cs nor Your Use of the Cloud Application shall convey or grant to You any rights:

1.  in or related to the Website and Cloud Application except and unless our written permission; or
2.  to use or reference in any manner Our Marks or those of Our licensors.

23. All content and functionality on the Website and Cloud Application is the exclusive property of Us or Our licensors and is protected by the law of Singapore and international intellectual property laws.

24. The Marks displayed on the Cloud Application are IPR owned by Us and/or Our licensors. You shall not use or reproduce any Marks of, or imply any endorsement by or relationship with, Us or Our licensors.

25. You warrant and represent to Us as at the agreement date and at all times during the validity of this agreement that:

• Your Account Information is accurate and correct and We may rely on it without further enquiry.
• You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or Use Our IPR; and
• You shall not breach any of the conditions of these T&Cs.

26. You acknowledge and agree that:

• the Cloud Application and any Services accessible via the Cloud Application are provided on an «as is» and «as available» basis;
• We do not guarantee that the Cloud Application, or any content on it, will be free from errors or omissions;
• We do not guarantee the quality, suitability, safety or ability of Third Party providers associated with the provision of the Services;
• We cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to Your mobile device. We are not responsible for any loss You may incur as a result of this; and
• the entire risk arising out of Your Use of the Cloud Application remains solely with You, to the maximum extent permitted under applicable law.

27. You acknowledge and agree that insofar as is permitted by applicable law We provide no warranties nor give any representations or undertakings to You whatsoever including that:

• the content on the Cloud Application is accurate, complete or up to date;
• the Cloud Application or any content, service or feature of the same shall be error-free or uninterrupted, or that any defects will be corrected; or
• the Cloud Application will be accessible on any particular hardware or devices.

28. We and Our Third Party content providers provide no warranties nor give any representations or undertakings as to the ownership, accuracy or adequacy of the content on the Cloud Application.

29. We exclude all conditions, warranties, representations or other terms which may apply to the Cloud Application or any content on it to the maximum extent permitted by applicable law.

30. Our total liability to You for loss under these T&Cs shall be limited to S$300 in aggregate for any and all claims under these T&Cs arising for whatever reason whatsoever.

31. We shall not be liable to You for:

• any loss or damage of any nature howsoever whether direct, indirect or consequential caused or arising under or in connection with Your Use of, or inability to Use, the Cloud Application; or
• any information published on linked websites, contained in any user submissions published on the Cloud Application, or provided by Third Parties.

32. You acknowledge and agree that We shall not be liable to You for any damages, liability or losses arising out of:

• Your Use of or reliance on the Services made available via the Cloud Application or Your inability to Use the Cloud Application and/or access the Services (as the case may be);
• any failure to provide the Cloud Application and/or the Services, in part or in full, due to abnormal and unforeseen circumstances beyond Our control, including phone network failures or You being out of mobile coverage; or
• any transaction or relationship between You and any Third Party provider associated with the provision of the Services.

33. The limitations and disclaimer contained within this agreement do not purport to limit liability or alter Your rights as a consumer that cannot be excluded under applicable law.

34. You acknowledge and agree that You shall fully indemnify Us from and against any and all claims and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:

• Your breach of these T&Cs; and
• Our use of any and all information that You submit to Us via the Cloud Application in connection with a Service Contract.

35. For the purposes of this Agreement, We shall be deemed to include Our affiliates, employees, agents, directors, shareholders and officers.

36. We may, in Our sole and absolute discretion and at any time, terminate Your use of Your User Account.

37. You may delete Your User Account at any time.

38. We do not guarantee that the Cloud Application will be secure or free from bugs or Viruses. You shall not misuse the Cloud Application by knowingly introducing any Viruses.

39. You shall not attempt to gain unauthorised access to the Cloud Application, the server on which the Cloud Application are stored or any server, omputer or database connected to the Cloud Application.

40. You shall not attack the Cloud Application via a denial-of- service attack, a distributed denial-of- service attack or any other cyber- attack aimed to disrupt ordinary access to the Cloud Application.

41. You acknowledge and agree that any breaches by You:

• will amount to a criminal offence under the law of Singapore and other applicable jurisdictions;
• shall be reported by Us to the relevant law enforcement authorities and We shall cooperate with them by disclosing Your identity to them; and
• shall result in Your right to Use the Cloud Application ceasing immediately and Us taking relevant proceedings against You.

42. You acknowledge and agree that You are responsible for:

• obtaining the data network access necessary to Use the Cloud Application, including all fees and charges associated with the same; and
• procuring compatible hardware or devices necessary to access the Cloud Application.

43. The Cloud Application may contain links to independent Third Party websites and/or applications and may also contain content supplied by independent Third Parties.

44. You acknowledge and agree that Third Party websites and/or applications to which the Cloud Application contain links to are:

• not under Our control and We have no responsibility for nor do We endorse their content; and
• governed by their own terms and conditions and privacy policies and access to them is at Your own discretion.

45. You acknowledge and agree that certain Services accessible via the Cloud Application are provided and/or fulfilled, either in whole or in part, by Third Parties.

46. You acknowledge and agree that:

• such Services may be made available or accessed in connection with Third Parties We do not control;
• different terms of use and privacy policies may apply to Your use of such Third Party services and content; and
• We do not endorse such Third Parties services and shall in no event be liable for any products and/or services of such Third Party providers.

47. You acknowledge and agree that We may update the Cloud Application from time to time, and may change its content at any time, including the Services that We offer.

48. You acknowledge and agree that despite Our efforts certain content on the Cloud Application may, from time to time, become out of date, and We shall take reasonable steps to update the same.

49. Oracle Inc., Apple Inc., Google Inc., Microsoft Corporation or Research in Motion Limited or Amazon do not have any responsibilities or obligations to You in relation to Cloud Application and will not provide any maintenance or support services for Cloud Application.

50. We may offer benefits, discounts, and other promotions (any, a “Promotion”). By participating in a Promotion, you are agreeing to official rules that govern that Promotion. The rules and conditions for each such Promotion will be defined by us and we reserve the right to limit them as we see necessary. No two Promotions of any kind, such as discounts, promotion codes, partnership benefits, referral codes etc. can be used for the same purchase.

51. You acknowledge and agree that You shall not refer to Us or Our licensors in any public media for any purposes.

52. You acknowledge and agree that We may revise these T&Cs at any time without any need to formally notify You.

53. Your continued Use of the Cloud Application shall be deemed an acceptance by You to these T&Cs as revised from time to time.

54. You will be able to view, and You agree to check each time You Use the Cloud Application, the current version of these T&C’s within:

• Our Website at any time under the «Terms and Conditions» tab before You log in and via the Information option or the Legal or Contact and Support tabs after You have logged in; and/or

55. In accepting and agreeing these T&Cs, You hereby warrant and represent to Us that You have the lawful capacity and authority needed for You to do so.

56. You acknowledge and agree that We can and will rely on the warranty, representation and undertaking You provide to Us in this Agreement.

57. Both You and We shall comply with all applicable law.

58. We may, in Our sole and absolute discretion and at any time, modify, suspend or terminate operation of or access to the Cloud Application (or any part thereof) and the Services.

59. Neither You or We shall be liable to the other (as the case may be) for any delay or non-performance of Our obligations under these T&Cs as a direct result of an established Force Majeure Event.

60.These T&Cs constitutes the entire agreement between You and Us relating to Your Use of the Cloud Application, to the exclusion of all other terms and conditions, and any prior written or oral agreement between both parties.

61. You may not assign, novate, or otherwise transfer all or any of Your rights, benefits or obligations under these T&Cs without Our prior written approval

62. We may assign, transfer or deal in any way with Our rights under these T&Cs including to an affiliate or any Third Party.

63. No failure to exercise, nor any delay in exercising, any right, power or remedy under these T&Cs shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.

64. Any waiver of any breach of these T&Cs shall not be deemed to be a waiver of any subsequent breach.

65. If any provision of these T&Cs is determined to be invalid, illegal or void by any court or administrative body of competent jurisdiction, these T&Cs shall be deemed modified to the minimum extent necessary to make them valid and enforceable.

66. Where the deemed modification is not possible, the relevant invalid, illegal or void provision(s) shall be deemed deleted and the rest of these T&Cs shall still remain in full force and effect.

67. You and We are and shall remain independent parties and neither You nor We shall have, or represent Ourselves to have, any authority to bind the other party to act on Our behalf.

68. Nothing in these T&Cs shall be construed to make either You or We an agent, employee, franchisee, joint venturer or legal representative of the other party.

69. Except as expressly stated, these T&Cs do not create any rights that are enforceable by any Third Parties. You acknowledge and agree that only the following people have rights under these T&Cs:

• You; and
• Us.

70. All notices under these T&Cs shall be in writing and shall be delivered by email to the party due to receive it at the party’s designated email address. In Our case, please send it to Team@Myco.com.sg

71. These T&Cs are drawn up in the English language and the English language version of the same shall always prevail over any translation. These T&Cs shall be construed, interpreted and administered in English.

72. These T&Cs are governed by, and shall be construed in accordance with, the law of Singapore.

73. Both You and We irrevocably submit to the exclusive jurisdiction of the courts of Singapore in relation to any disputes.

74. «Account Information» means the following information that You provide to Us to register for a User Account:

• a copy of Your identity card or passport;
• Your full name;
• Your address;
• Your email address;
• Your mobile phone number;
• Your birthdate;
• the details of at least 1 valid credit card; and
• any other information We may request from You from time to time.

75. «Force Majeure Event» means any unforeseeable event or occurrence which is beyond the reasonable control of a party and which prevents or delays that party from performing any or all of its obligations under these terms and conditions («T&Cs») (e.g. acts of God, civil unrest, political situations etc.).

76. «IPR» means patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks , trade names, business names, service marks, brands, logos, service names, trade secrets, know-how , domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including rights in computer software, and all registrations and applications to register any of the MyCo Website / Cloud Application Terms and Conditions. Rights in the nature of the aforesaid items in any country or jurisdiction, any rights in the nature of unfair competition rights, and rights to sue for passing off.

77. «Marks» means company names, product and service names, trademarks, service marks, designs and logos.

78. « Cloud Application » means Our Site and/or Our Application residing on the cloud.

79. «Our Site» means the website at https://myco.com.sg

80. «Privacy Policy» means Our privacy & cookie policy

81. «Service Contract» means the service contract that You enter with Us to purchase Our Services.

82. «Services» means any services which We may choose to offer via Our Site and/or Our Cloud Application including the company incorporation, secretarial, accounting and other related services provided by Us.

83. «T&Cs» means these terms and conditions.

84. «Third Party» means a natural person or legal entity who is neither You nor Us.

85. «Use» means using any of the Cloud Application, including downloading, accessing, browsing, viewing or registering to use and utilising in any manner (as the case may be) the Cloud Application either directly or indirectly.

86. «User» means any natural person who has a User account to Our Cloud Application and/or visited Our Site or the legal entity that they are authorised to represent.

87. «User Account» means the personal user account that You register with Us via the Cloud Application to gain access to the Services We offer.

88. «Virus» means any viruses, worms, trojan horses, cancel bolts or any other computer code designed to disrupt or adversely impact computer systems, networks or devices.