Terms of Use

Date of Last Revision : November 4, 2019

Terms of Use

Date of Last Revision : November 4, 2019

Welcome to eKos connect!

In these Terms of Use, whenever we use “eKos”, “us”, “we” and “our”, it refers to eKos Pte. Ltd., registered in Singapore, its successors and permitted assigns, and when we use “you” and “your” it refers to anyone who uses the Services (as described below).

 

We provide our services to you through our website located at www.ekosconnect.com (or any subsequent URL which may replace it) (the “Website”) and through our online content, software and services, whether accessed on the Website or through third-party websites, mobile sites and/or applications (collectively, such services, including any new features and applications, and the Website, the “Services”), subject to the following Terms of Use (as amended from time to time, these “Terms of Use”).


General

  1. Access and use of the Services is subject to these Terms of Use, our Privacy Policy located at Privacy Policy and any additional terms applicable to our services that may be posted on or in connection with the Services from time to time, all of which are incorporated by reference herein. By using the Services, you agree to act in accordance with these Terms of Use, our Privacy Policy and any such additional terms.  If you do not agree to comply with these or any future Terms of Use or our Privacy Policy, please do not use or access (or continue to use or access) the Services.
  2. We work constantly to improve our services and develop new features. As a result, we reserve the right to make changes to these Terms of Use from time to time without prior notice.  You should regularly visit this page to review the current Terms of Use so you are aware of any revisions that will apply to you.  If we make any revisions, we will post them on this page and will indicate at the top of this page the date these Terms of Use were last revised.  The amended Terms of Use will be effective from the date they are posted on the Services.  Your continued use of the Services after any updated Terms of Use are in effect will constitute your acceptance of the new Terms of Use.
  3. We reserve the right to suspend, limit or terminate your use and access of the Services at any time without further notice and for any reason whatsoever.

Our Service

  1. We offer a secure technology platform and API ecosystem to financial institutions to facilitate them in bringing their financial systems online and to reach more users through connected partners. eKos will transform your business by improving agility to meet customer demands rapidly and collaborate easily while ensuring security for digital assets with policy-driven APIs.
  2. We additionally allow you to get information, assistance and help offline (such as over the telephone or by email) on using the Services either from us or from our third-party service providers with respect to the products or services that are featured on the Services. This service is currently free of charge.
  3. We reserve the right to feature, amend, delete, edit, discontinue or modify the Services and/or any data, content, material or information displayed on the Services at any time without further notice. You agree that eKos will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Personal Information

You may be required to contact or register with eKos in order to obtain further information about our products and services and/or to access and use certain features of the Services.  If you choose to contact us in connection with the Services, you agree to provide and maintain (as applicable) true, accurate, current and complete information about yourself as prompted by one of our tools or forms that appears on our Services.  Any personal data or other information that you submit using our tools or forms or otherwise, and certain other information about you that may be automatically collected when using the Services, are governed by our Privacy Policy at Privacy Policy.  If you are under 18 years of age, you are not authorized to use the Services.  eKos will not be liable for any loss or damage arising from your failure to comply with this section.


Electronic Communication

Communications from us may be posted on the Services and/or delivered to you electronically by e-mail address or such other contact details that have been provided to us.  It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate.  By using the Services, you agree that we may communicate with you electronically via email regarding security, privacy and administrative issues relating to your use of the Services.  Your consent to receive communications is valid until you end your relationship with us.  To withdraw your consent from receiving electronic notice, please notify us at ekos@compareasiagroup.com.


Mobile Services

The Services include certain services that may be available through a mobile device, including (i) the ability to submit information to the Services via a mobile device and (ii) the ability to browse the Services and the Website from a mobile device (together, the “Mobile Services”).  To the extent that you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.  By using the Mobile Services and/or providing your mobile telephone number to us through the Services, you agree that we may communicate with you regarding eKos, our products and service and/or our service providers by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  In the event you change or deactivate your mobile telephone number, you agree to promptly update information that you have submitted to us.


Permitted Use

  1. In order to protect the safety and well-being of others and the integrity and security of our Services, you agree that you will not engage in any of the following conduct described below (or to facilitate or support others in doing so) in respect of the Services:
    • to do or to share anything that breaches these Terms of Use or any policies that we publish and which apply to your use and/or your representatives’ use of the Services;
    • in any unlawful, fraudulent, improper, unauthorized, harassing, discriminatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner or in any way that may be harmful or detrimental to our rights (including intellectual property rights) or interests or the rights (including intellectual property rights) or interests of any of our third party providers, or in any manner that could constitute a criminal offence or give rise to civil liability or regulation, in all cases as determined by us;
    • in any way that infringes or breaches our rights or someone else’s rights;
    • to alter, modify, reverse assemble or reverse engineer any part of the Services;
    • in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us; and/or
    • using any automatic computer code, process, program, robot, net crawler, spider, data processing, trawling or alternative ‘screen scraping’ computer code, process, program or system.
  2. You acknowledge that eKos may establish general practices and limits concerning use of the Services. You agree that eKos has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Services. You further acknowledge that eKos reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Your Responsibilities

  1. You agree to take all necessary precautions to make sure that any data, content, material or information you submit or provide to us via the Services (“User Content”) is free from viruses, spyware, malicious software and anything which can have a contaminating, harmful or damaging impact on any part of the Services, our Content (as described below) or the websites of third parties or any other technology.
  2. You are responsible for your conduct on the Services and for your User Content. You guarantee that your User Content does not violate any privacy rights, holding rights (such as copyright, information rights and trademarks) or alternative rights of any third party (including any right of confidentiality).
  3. Furthermore, your User Content should not violate any law. It should not be harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, daunting, harassing, libelous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable.  eKos reserves the right to investigate and take appropriate legal action against anyone who, in eKos’ sole discretion, violates this provision, including without limitation, removing the offending content from the Services, restricting such violator’s access to the Services and reporting the violator to the appropriate authorities.
  4. You must comply with all applicable laws, statutes and regulations when using our Services.

Intellectual Property Rights

  1. You agree and acknowledge that the Services may contain or display data, content, images, material or information (“Content”) that is protected by copyright, trademark, patent, trade secret or other proprietary rights and laws and is the property of eKos and/or its third-party licensors. Except as expressly agreed in writing with eKos, you agree not to modify, print, copy, store extracts of, transfer, assign, sublicense, loan, distribute or create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) the Content or the Services, in whole or in part, other than with respect to your own User Content (as defined below).  Further you agree, confirm and acknowledge that:
    • you will not use any automatic computer code, process, program or system, robot, net crawler, spider, data processing, trawling or alternative ‘screen scraping’ computer code, process, program in connection with your use of the Services;
    • Content may not be sold or transferred to any third party without our express written consent;
    • all Content should retain any copyright or alternative property notices contained within the original and you may not reproduce, remove or alter any proprietary notices or marks on the Services or Content;
    • no logos, trademarks or service marks displayed on the Services can be written or downloaded, except as a part of the text that they are already part of;
    • You should not modify the paper or digital copies of such data or Content. It shall not be excerpted, reproduced, published, used, reformatted and/or displayed on another website without our express prior written consent; and
    • the standing of us and our licensors as authors of such data or Content should always be acknowledged.
  2. All intellectual property rights such as patents, trademarks, logos, net domain names, ethical rights, data, supply codes, software, specifications, know-how, processes and business strategies (in all cases whether or not registered or unregistered and as well as all rights to use for registration) in and about the Services (including data or Content displayed on it) are owned by us and/or our licensors and all such rights are reserved. Nothing in these Terms of Use or our Services grants you, by implication, estoppel, or otherwise, any license or right to use the Content except as expressly stated in these Terms of Use.  Except as mentioned elsewhere in these Terms of Use, none of the intellectual property rights that belong to us or our licensors in and about the Services (including data or Content displayed on it) can be used, copied, modified, published, transmitted, sold, excerpted, reverse designed, reproduced, reformatted or distributed by you without our express written consent in each instance.

Limitation of Liability

  1. We take all efforts to ensure that the information, material and knowledge on the Services are true, correct and accurate and to rectify any errors or omissions as soon as practicable upon being notified of them. However, we do not warrant and hereby disclaim any warranty, express or implied, as to the accuracy, correctness, reliability, timeliness or non-infringement of any information, material or knowledge contained on the Services which are provided on an “as is” and “as available” basis.
  2. We aim to give you uninterrupted access to the Services. However, we do not guarantee or warrant that any Content or functions associated with the Services will be uninterrupted or error free, or that defects will be corrected or that the Website and its server will be free of all viruses and/or other harmful elements.
  3. We are not liable and assume no responsibility for losses or damages of any kind however caused as a result (direct or indirect) of the use or access of the Services, including but not limited to any damage or loss suffered as a result of reliance on the Content, and/or arising out of or in connection with these Terms of Use, whether in contract, tort or otherwise, even if we have been informed of the possibility of such damage.
  4. Nothing in these Terms of Use shall limit our liability for personal injury or death, fraud, or for any other liability the exclusion or limitation of which is not permitted by any applicable law or regulation.
  5. This section shall continue to have effect after termination of these Terms of Use.

Indemnification

  1. You will defend (if requested by eKos), indemnify, and hold harmless eKos and/or our Related Parties from and against any and all claims, losses, expenses, demands, or liabilities, including legal fees and costs, incurred by harmless eKos and/or its Related Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services or the Content; (2) your violation or alleged violation of these Terms of Use or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of third-party Content to us. You must not settle any such claim or matter or admit liability in respect thereof without the prior written consent of eKos.  eKos and our Related Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
  2. The term “Related Parties” referred to in these Terms of Use shall mean subsidiaries, affiliates, directors, officers, agents, employees, advertisers, vendors, suppliers, licensors, and partners of the relevant party.

Third Party Liability

  1. Our Services may provide you with access to third party websites. The views expressed in third party websites do not represent our views and we will not be responsible for the accuracy or content of any such views or expressions. Use of the hyperlinks and access to such linked websites are entirely at your own risk.
  2. Your use of any third-party website is regulated by the terms and conditions and privacy policy of that website. Such terms and conditions and privacy policy might totally differ from these Terms of Use and our Privacy Policy.  It is your responsibility to go through the terms and conditions and privacy policy of relevant third-party websites before using that website.  We are not responsible for any loss you will suffer or incur resulting or arising from the terms and conditions or the privacy policy of any third party website or for any acts, omissions, errors or defaults of any third party as a result of their terms and conditions and/or privacy policy.
  3. All hyperlinks to other websites are provided as a matter of convenience to you as a user of the website. In no circumstances shall eKos be considered associated or affiliated in whatever manner with any trade or service marks, logos or insignia that appears on such third-party websites.
  4. The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Under no circumstances will eKos be liable in any way for any content or materials of any third parties (including users) appearing on the Services, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

License to Use your Submissions

We encourage you to tell us how we can improve the Services and your eKos experience.  The Services provide you with the opportunity to send us questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) through online forms, email, social media or other channels.  By submitting or otherwise providing your Submissions to eKos, you agree and acknowledge that your Submissions are non-confidential and you grant eKos a non-exclusive unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use your Submissions in any manner and for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  This license includes the right to use your name for the foregoing purposes without compensating you, in accordance with our Privacy Policy.


Jurisdiction

The Services are controlled and operated in Singapore. These Terms of Use, and any non-contractual obligations arising out of or in connection with these Terms of Use, will be governed by the laws of Singapore and you irrevocably agree to submit to the exclusive jurisdiction of the Singaporean courts.


Complaints

We aim to provide all our customers with a high level of service and satisfaction.  However, if you wish to complain about any aspect of our service, please contact by email or in writing at the following addresses:

email us at ekos@compareasiagroup.com or write to us at: 100 Tras Street, 100 AM #16-01, Singapore 079207