Terms and Conditions for the use of FLMT
1. These terms and conditions (the “Terms and Conditions” ) is the agreement between the"User"and Symphony Creative Solutions ("SCS"), under which the website flmt71.com (the “Website”) owned and operated by SCS and any associated service, products, content provided will be licensed to the User by SCS (the “Service”). In the event the User permits, authorises, provides access to or otherwise allow any other party to use the Service through its account, or represent such other party in any legal capacity, such party shall be deemed to be included in the term “User” as used in these Terms and Conditions.
Each of the above shall hereinafter be individually referred to as the ”Party” and collectively as the “Parties”.
2. Registration and password
The Service is licensed, not sold, to the User by SCS for use strictly in accordance with these Terms and Conditions. The User is solely responsible for keeping the login and password associated with its account confidential. The User shall be solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep its login and password information confidential (whether such failure or any disclosure occurs with or without the Userʼs knowledge or consent).
3. Term
These Terms and Conditions and the obligations of the Parties hereunder shall commence as of the Effective Date and continue to be in force for two (2) years (the “Initial Period” ). At the end of the Initial Period, these Terms and Conditions shall be renewed in its own right for successive one (1) year periods (the “Successive Period” ) until terminated by either Party by serving thirty (30) days' prior written notice to the other Party. Notwithstanding the foregoing, either Party may terminate these Terms and Conditions immediately in the event of the other Partyʼs bankruptcy, insolvency or liquidation.
4. License grant
Subject to the Userʼs on going compliance with these Terms and Conditions, SCS hereby grants the User a revocable, non-transferable, non-exclusive license to access and use the Service on the Website. This license is for the sole purpose of enabling the User to use and enjoy the benefit of the Service as provided by SCS, in the manner permitted by these Terms and Conditions. The User shall not copy, modify, distribute, sell, or lease any part of the Service, nor shall the User reverse engineer or attempt to extract the source code of the Service. Any other use is a violation of this license and will result in the revocation of the Service.
5. Restrictions on use
(a) The User hereby represents and warrants that it shall comply with these Terms and Conditions contained herein, and further agrees that the User shall not, allow, permit or enable any third party to (i) attempt to decompile, reverse engineer, disassemble or otherwise to derive source code from the Service; (ii) make any modification, adaptation, improvement, enhancement or create derivative works from the Service; (iii) use, copy, modify, alter or transfer the Service contrary to these Terms and Conditions or applicable laws and regulations; (iv) rent, lease, sell, redistribute or sublicense the Service or any aspect thereof; (v) remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of SCS or any party; or (vi) any individual driver shall not use any part of the Service while driving or engaging in any activity where insufficient attention on their part could result in personal injury, death or property damage; and (b) The User shall not misuse the Service and acknowledge and understand that “Misuse” of the Service includes, but is not limited to using the Service in any manner that (i) interferes with any other partyʼs use of the Service or with SCSʼs ability to provide the Service; (ii) infringes the copyright, trademark or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality obligation; (iii) is fraudulent, unlawful or contains defamatory or illegal information, images, materials or descriptions; (iv) slanders, defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of anotherʼs privacy rights; (v) promotes or provides instructional information about illegal activities; (vi) encourages any conduct that would constitute a criminal offence or that gives rise to civil liability; (vii) uses the Service on a device without permission, regardless of whether it is a stolen, lost or unauthorized device; (viii) involves reselling any part of the Service to any other individual or entity; or (ix) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware.
6. Location-based service
The Service, either independently or through the Userʼs internet service provider, might allow location information to be disclosed about the Userʼs device on an ongoing basis for the purpose of providing the global positioning system (GPS) and location service for the Userʼs device, and may rely on real-time geographic location information associated with the Userʼs device. By logging in to the Service, the User acknowledge and hereby authorize SCS to transmit, collect, store, maintain, process, use and disclose (i) the location information associated with the Userʼs device to third parties; and (ii) any other personal information identifying the User as may be necessary to enable delivery of the Service (and not for third party commercial purposes). The User expressly agrees that it has no expectation of privacy with respect to its location information when using the Service.
7. Disclaimer
Certain limitations may prevent the Service from working on the Userʼs device and the Userʼs device must have internet connection for the Service to function. SCS does not guarantee or warrant the accuracy or correctness of the results of the Service associated with the Userʼs device. The User accepts and acknowledges that: (i) the results obtained from the Service may not be accurate, timely or reliable; (ii) any information provided by the Service is not intended to be relied upon in situations where precise location information is needed; (iii) location information results are subject to factors beyond SCSʼs control, including but not limited to internet connection and satellite data such as environmentalconditions,geographyandatmosphericconditions. TheUserunderstands and acknowledges that the Service may not function properly, may contain errors or bugs, and is susceptible to breach, corruption or failure. If the Service malfunctions, fails or is disabled or uninstalled from the Userʼs device, with or without the Userʼs knowledge and/or consent, the Service and any functions will not function. The User shall be solely responsible for any resulting claims, liability, losses or damages arising out of the unauthorized disclosure, transfer or use of any personal content, data or materials stored on the Userʼs device for any reason, even if occurring as a result of a failure in the Service with or without the Userʼs knowledge and/or consent.
8. Payment
The User agrees to pay all fees charged in consideration of the Service. Any associated data usage charge for using the Service shall be paid separately by the User to its internet service provider, and SCS shall not be liable for any such payment. Further, SCS shall not be liable for any liabilities, losses or damages resulting from any failure in the functionality of the Service caused by or resulting from the Userʼs failure to pay any amounts when due.
9. Confidentiality
(a) For the purposes of these Terms and Conditions, “Confidential Information” shall mean, including but not limited to trade secrets, methods, business process steps, business relationship diagrams and challenges, personnel, customers and suppliers, inventions, methods and other proprietary rights, specifications, drawings, sketches, models, samples, tools, computer programs, technical information, intellectual property, trademarks, Software, derivative works of such Software, program codes or other related information of either Party or its subsidiaries, affiliates and/or successors; whether or not such information is marked “Confidential” or in other similar terms. In addition, either Party may, at its own discretion, designate any other information to be Confidential Information. (b) The Parties hereby agree to treat and maintain all matters which become known to them as Confidential Information throughout the term of these Terms and Conditions and following the termination of these Terms and Conditions until such time when the Confidential Information shall become public knowledge with the same degree of care that it would normally use in protecting its own Confidential Information, in particular, not to pass on to any third party except insofar as, and to the extent to which it is necessary, for the performance of the Service under these Terms and Conditions, and upon obtaining approval from the Party who owns such Confidential Information.
10. Propriety rights in the Service
The User acknowledges and agrees that (i) the Service and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of SCS; (ii) the source and object code of the Service and the format, directories, queries, algorithms and structure of the Service are and shall remain the proprietary information of SCS; (iii) The User is not granted any intellectual property rights by implication, estoppel or other legal theory in the Service or any software provided through or in conjunction with the Service; and (iv) all rights not expressly granted in these Terms and Conditions are hereby reserved and retained by SCS.
11. Disclaimer of warranties
The User expressly acknowledges and agrees that the use of the Service is at its sole risk and discretion. The Service is provided on an “as is” and “as available” basis without any warranty of any kind whatsoever. SCS hereby expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy and non- infringement. SCS makes no warranty (i) against interference of the Userʼs enjoyment of the Service; (ii) that the Service will be functional, uninterrupted, error-free or bug- free or meet the Userʼs requirements; (iii) regarding the security, reliability or timeliness of the Service; or (iv) that any errors, bugs or failures in the Service will be corrected. Any content or material downloaded through the Userʼs use of the Service is at the Userʼs own discretion and risk and the User shall be solely responsible for any damage or loss of data occurring on the Userʼs device or computer system or any other loss or damages of any kind resulting from the of the Service. No advice, course of conduct or information, whether oral or written, obtained by the User from SCS shall create any warranty unless expressly stated in these Terms and Conditions.
12. Limitation of liability
SCS shall not be liable for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including but not limited to damages for loss of profit or revenues, failure to transmit or receive any data by using the Service or any other pecuniary loss whatsoever arising out of or in connection with the use of the Service. Notwithstanding the foregoing, the total liability of SCS arising out of or in connection with the Service shall not exceed the Usage Fees as provided for actually paid by the User to SCS in accordance with Clause 7 of these Terms and Conditions.
13. Indemnification
The User agrees to indemnify, defend and hold harmless SCS, its officers, directors, employees, agents, contractors, suppliers, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost or expense (including, but not limited to legal expenses) of any kind arising out of: (i) The Userʼs access to or use of the Service; (ii) any breach by the User of its obligations under these Terms and Conditions; (iii) Any violation or infringement of any intellectual property, proprietary right or trade secret of SCS, (iv) the Userʼs negligence or wilful misconduct, (v) any delay or failure in performance of the Website caused by the User.
14. Modification and Waiver
SCS may modify these Terms and Conditions to, for example, reflect changes to the law or changes to the Service. Notice of modifications to these Terms and Conditions will be available on the Website. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions on the Service or changes made for legal reasons shall be effective immediately. The User will be deemed to have accepted any modification if the User continues to use the Service after the modifications are displayed. The failure of either Party at any time to perform any provision of these Terms and Conditions shall in no manner affect the other Partyʼs right at a later time to enforce the same provision.
15. Severability
The Parties agree that should any of the provisions of these Terms and Conditions be declared or determined by any court to be illegal or invalid, such provision shall be severed from these Terms and Conditions, and the validity of the remaining parts, terms or provisions shall not be affected thereby and shall continue to be in full force and effect.
16. Entire Agreement
These Terms and Conditions constitutes the entire agreement between the Parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to this subject matter.
17. Survivability
The terms of Clauses 8, 9, 10, 13, 20 and this Clause 17 shall survive any termination or expiration of these Terms and Conditions.
18. Notices
By using the Service, the User consents to receive all communications, notices and disclosures in connection with the Service (collectively, “Notices” ) in SMS or electronic form.
19. Legal Compliance
The User agrees to comply with all applicable laws, both domestic and international, statutes, ordinances, and regulations regarding its use of the Website for its business under this agreement. SCS reserves the right to investigate complaints or reported violations of laws and to take any action it may deem appropriate, including but not limited to cancelling the use of the Services, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to the Userʼs profile, email addresses, usage history, IP addresses and other information, as may be deemed necessary.
20. Privacy and Disclosure
The SCS privacy policy governs the usage of information collected from or provided by User at the Website. For collection, use and processing of personally identifiable data of the User of the Website, SCS shall comply with applicable laws on data privacy and the SCS privacy policy embedded in the SCS Privacy Notice available per hyperlink
https://scs71.com/policy
With respect to any individual or personally identifiable data or information provided by User to SCS, User represents to SCS that the User has obtained all necessary approvals and/or consents for the processing of such an information.
21. Governing law and jurisdiction
These Terms and Conditions [and the arbitration agreement herein] shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of the arbitration proceedings and written decisions or correspondence shall be English. The arbitration tribunal shall comprise one arbitrator, to be appointed by mutual agreement between the Parties. If the Parties fail to agree on an arbitrator, the then President of the SIAC shall appoint an arbitrator to the arbitration tribunal. The award of SIAC shall be final and binding and shall be the exclusive remedy between the Parties regarding any Disputes presented to SIAC.
Please review the Terms and Conditions carefully before giving your acceptance by using the Service. If you do not agree with these Terms and Conditions, you may not use the Service.
By using the Service, the User confirms that it read, understands and agrees to be bound by these Terms and Conditions.