Terms and Conditions of Use

Date of Last Revision : August 25, 2020

Terms and Conditions of Use

Date of Last Revision : August 25, 2020

Welcome to eKos connect!

In these terms and conditions of use (as amended from time to time, these “​Terms of Use​”,) of the Services (as defined below), whenever we use “​eKos​”, “​us​“, “​we​“and “​our​“, it refers to eKos Pte. Ltd. ​registered in Singapore, its affiliates and/or subsidiaries, successors and permitted assigns, and when we use “​you​” and “​your​” it refers to anyone who uses the Services (as described below). eKos and you as the user are sometimes referred to in these Terms of Use as a “​Party​” and collectively the “​Parties​”.

 

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, including Partner Portal to the extent applicable (collectively, such services, including any new features and applications, and the Website, the “​Services​”), subject to the following Terms of Use. These Terms of Use apply to your use of the Services. Other services or programs offered by us (such as the Affiliate Connect Platform) may have different terms and conditions that apply to them (“​Additional Terms​”) in order to use or access them.


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 clicking ​“Accept “Sign Up” “Log In” (or any similar language) and/or by accessing or using the Services, you are consenting and agree to be bound by and 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 constitutes 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.
  4. If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or entity and its affiliates to the terms and conditions contained herein, in which case the terms “you” and “your” shall refer to such company or entity and its affiliates. If you do not have such authority, you must refrain from accepting these Terms of Use please do not use or access (or continue to use or access) the Services.

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 and affiliates. eKos aims to 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) 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.
  4. If you are under 18 years of age, you are not authorized to use the Services.

Personal Information, Cookies and Data

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. You agree and undertake to ensure that any and all personal data forming part of the User Content (as defined below) shall be collected and processed in accordance with applicable laws and regulations.

In connection with the operation of the Services, eKos may collect data and information, including, but not limited to, cookies and beacon data, metadata, usage data, and streaming data, with regard to you and use such information for our internal business purposes and disclose such information to third parties as reasonably necessary in connection with the operation of the Services or as may be required by law or legal process, disclose such information generally in aggregate form. User agrees and acknowledges that, subject to applicable laws and regulations, eKos Connect shall own and have an unlimited right to use and exploit data collected by it in connection with your use of 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 consent to the use of electronic signatures and/or records to preserve your acceptance of these Terms of Use and further agree that we may communicate with you electronically via email or with notices through the Services 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 notices, please contact us at info@ekosconnect.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:
    (i) 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;(ii) 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 criminal offence or give rise to civil liability or regulation, in all cases as determined by us;(iii) in any way that infringes or breaches our rights or someone else’s rights.;

    (iv) to alter, modify, reverse assemble or reverse engineer any part of the Services;

    (v) 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

    (vi) 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 of 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. Please note that there may be technological measures implemented on the Services that are designed to prevent unlicensed or unauthorised use of the Services or use of the Services in breach of terms or these Terms of Use. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.
  3. Special Notice for International Use; Export Controls: The technology and software underlying the Services (the “Software”) or distributed or available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Your use of the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

Your Responsibilities

  1. Certain areas of the Services may be password restricted to registered users. To the extent that you are a registered user of such areas, you agree and acknowledge that you are solely responsible for maintaining the confidentiality of your account credentials, and for all activities that occur under such credentials, whether or not authorized. You shall use and store your credentials in accordance with any instructions provided by eKos from time to time and shall immediately notify us of any unauthorized use of your account or any other breach of account security. We cannot and will not be liable for any loss or damage arising from your failure to adequately protect and secure your account and/or credentials.
  2. 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.
  3. 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).
  4. 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.
  5. 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 (“Service Content”) that are protected by copyright trademark, patent, trade secret or other proprietary rights and laws and are 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 Service 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:
    (i) 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;
    (ii) Service Content may not be sold or transferred to any third party without our express written consent;
    (iii) all Service 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 Service Content;
    (iv) no logos, trademarks or service marks displayed on the Services can be written or downloaded, except as a part of the text of which they are already part of;
    (v) You should not modify the paper or digital copies of such data or Service Content. It shall not be excerpted, reproduced, published, used, reformatted and/or displayed on another website without our express prior written consent; and
    (vi) the standing of us and our licensors as authors of such data or Service 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 Service Content displayed on it) are owned by us and/or our licensors and all such rights are reserved. All rights not expressly granted herein are reserved by us. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent.
  3. The Software underlying the Services or distributed in connection therewith is the property of eKos, or affiliates and/or our licensors. Nothing in these Terms of Use or our Services grants you, by implication, estoppel, or otherwise, any license or right to use the Service 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 the Software, data and/or Service Content displayed on it) can be used, copied, modified, published, transmitted, sold, excerpted, reverse designed, reproduced, reformatted, assigned, sublicensed, transferred or otherwise distributed by you without our express written consent in each instance.

Confidential Information

  1. Each party agrees that it may provide the other with information that is confidential and proprietary to that party or a third party, as designated by the disclosing party in writing or through the Services at the time of disclosure or as would be reasonably understood by the receiving party to be proprietary and/or confidential (“Confidential Information“). Confidential Information, however, shall not include any information: (i) that is or becomes part of the public domain through no act or omission of the receiving party; (ii) that is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of these Terms of Use or any other agreement, or (iii) that the receiving party had in its possession prior to the date of these Terms of Use. Notwithstanding the foregoing,the identity of other users of the Services shall be deemed eKos Connect’s Confidential Information and eKos Connect shall be under no restriction with respect to the use, copying, disclosure and publication of User Content through the Services. Each party may use Confidential Information received from the other party only in connection with and to further the purposes of these Terms of Use. The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own confidential information of a similar nature, to maintain the confidentiality of the Confidential Information of the disclosing party. Upon any expiration or termination of these Terms of Use, or upon written request by eKos Connect, User must destroy or return to eKos Connect any Confidential Information provided by eKos Connect under these Terms of Use, other than a copy kept by the receiving party for its routine record retention purposes, subject to a continued obligation to protect the confidentiality of such retained Confidential Information in accordance with this section for as long as such Confidential Information is retained.

Limitation of Liability

  1. We take all efforts to ensure that the information, material and knowledge on the website 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. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, EKOS MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF USE. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND EKOS, ITS SUPPLIERS, LICENSORS, AND PARTNERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE OF DEALING OR BY CUSTOM OR BY PERFORMANCE.
  2. We aim to give you uninterrupted access to the Services. However, we do not guarantee or warrant that any Service Content, Software 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. You acknowledge and agree that we are not liable and have 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 Service Content, the Software, 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. Except to the extent that such liabilities may not be limited or excluded under applicable law, we are not liable to you for any loss or damage that you may suffer due to: (1) your use of the Services, or access to any information as a result of such use by you or any other person, whether or not authorized; (2) any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure of the Services, in transmitting instructions or information; (3), any acts, omissions, circumstances or events beyond our reasonable control, including without limitation any computer, telecommunication, electrical or network failure; or  (4) transmission and/or storage of information and/or data relating to you, the Services and/or transactions or dealings conducted by you pursuant to our services through or in any system, equipment or instrument of communication network provider.
  5. Nothing in these Terms of Use limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations: (1) any liability for death or personal injury; (2) any liability for fraud or fraudulent misrepresentation; or (3) any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.

Indemnification

  1. You agree to indemnify, hold harmless, and (at our option) defend us and our Related Parties, from and against any claim, suit, action, demand, judgment, settlement, damage, award, penalty, fine, debt, loss, cost, expense (including litigation costs and attorneys’ fees) and liability arising from or relating to: (1) your use of the Services; and (2) your breach of these Terms of Use.
  2. by you, and you further agree that you will cooperate fully in the defense of any such claims.
  3. The term “Related Parties” referred in these Terms of Use shall mean subsidiaries, affiliates, directors, officers, agents, employees, advertisers, vendors, suppliers, licensors, partners, successors and assigns 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 circumstance 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 and exploit your Submissions in any manner and for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you including, but not limited to, developing, manufacturing, enhancing, improving, promoting, and marketing eKos’ products and services.


Miscellaneous

  1. Assignment. Neither party may assign, novate or transfer any of its rights and/or obligations under these Terms of Use without the prior written consent of the other party, except that eKos may assign, novate or transfer its rights and/or obligations under these Terms of Service without your consent: (1) to any of its subsidiaries or any subsidiary of its holding company; or (2) in connection with any corporate reorganization or the sale of all or substantially all of eKos’ business related to these Terms of Use, whether by sale of stock or assets, merger (regardless of whether such party is the surviving entity), consolidation, change in control, or similar transaction, by operation of law, or otherwise. Any assignment, novation or transfer in violation of the foregoing shall be void and of no effect. Subject to the foregoing, these Terms of Use inures to the benefit of and shall be binding on the parties’ permitted assignees, transferees and successors.
  2. Force Majeure. Neither party will be responsible for any failure or delay in its performance under these Terms of Use due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or network failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God , pandemic or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
  3. Waiver. A waiver of any provision of these Terms of Use will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived. The failure by either party to insist upon the strict performance of these Terms of Use, or to exercise any term hereof, will not act as a waiver of any right, promise or term, which will continue in full force and effect.
  4. Severability. If any provision, or portion thereof, of these Terms of Use is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination will not impair or affect the validity, legality, or enforceability of the remaining provisions of these Terms of Service, and each provision, or portion thereof, is hereby declared to be separate, severable, and distinct.
  5. Third Party Rights. A person who is not a party to these Terms of Service has no right to enforce any terms of these Terms of Service under the Contracts (Rights of Third Parties) Act.

Jurisdiction

The Services are controlled and operated in the 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 info@ekosconnect.com
  • or write to us at: 100 Tras Street, 100 AM #16-01, Singapore 079207.