Effective date: 11 October 2023
A. Introduction
You agree that by registering, accessing or using the Services (defined below), you (the “User” or “you”) are agreeing to enter into a legally binding contract (this “User Agreement”) with Accumulus Pte. Ltd. (even if you are using the Services on behalf of a company), and you unconditionally agree and accept to be legally bound by this User Agreement and any amendments thereto from time to time. If you do not agree to this User Agreement, do not access or otherwise use any of the Services. If you wish to terminate this User Agreement, you can do so at any time by closing your account and ceasing your access or use of the Services.
We respect the privacy of our users. Please refer to Privacy Policy (accessible here) (the “Privacy Policy”) which explains how we collect, use, and disclose information. When you access or use The Services, you signify your agreement to this Privacy Policy.
This User Agreement, the Privacy Policy, and all policies and additional terms posted on or in accumulus.sg (the “Site”) or any of our applications, products, services, interfaces, tools, software, or any other service that states that they are offered in accordance with this User Agreement (collectively the “Services”) set out the terms on which Accumulus Pte. Ltd., its respective subsidiaries, affiliates, associate companies and jointly controlled entities (“Accumulus”, “we”, “us” or “our”) offer you access to and use of the Services. You agree to comply with all of these terms when accessing or using any of the Services, regardless of how you access or use any of the Services.
The Services are intended for use only as an aid by qualified operators, trainee operators, and other licensed, registered, qualified or otherwise authorised individuals working in the field of aviation, maritime or similar forms of transportation or logistics services. All information made available through the Services are solely informational, and the Services do not and cannot replace the operational judgment and decision-making that is exercised by a qualified professional.
TO THE FULLEST EXTENT POSSIBLE, USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ACCUMULUS EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ACCUMULUS MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE CONTINUOUS OR UNINTERRUPTED OR ERROR-FREE OR FREE OF BUGS OR VIRUSES, NOR THAT IT IS RESPONSIBLE FOR THE EXISTENCE, QUALITY, ACCURACY, RELIABILITY, SAFETY OR LEGALITY OF ANY OPINION, GUIDANCE, ADVICE, STATEMENT, RECOMMENDATION, CONTENT OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS OR DAMAGE RESULTING FROM YOUR ACCESS TO, DISPLAY OF, OR USE OF ANY SERVICE, OR YOUR DOWNLOADING, USE OF AND/OR RELIANCE UPON ANY CONTENT, MATERIAL OR OTHER INFORMATION OBTAINED FROM ANY SERVICE.
Accumulus reserves all available rights and remedies, including but not limited to taking legal or technical measures, to prevent or address any use of the Services in violation of this User Agreement. For instance, in the event of a serious violation of this User Agreement, we may revoke your account access and permanently suspend you from using the Services.
B. Eligibility to use the Services
Usage of the Services is not available to any person who is restricted or barred by Accumulus or any applicable authority or law in any jurisdiction from using or receiving the Services.
Please note that creating an account with false information or creating an account whilst restricted or barred from using or receiving the Services, constitutes a violation of this User Agreement.
C. Your Accumulus Account
You agree that:
D. Licence to access and use the Services
By agreeing to this User Agreement, Accumulus grants you a personal, limited, non-sublicensable licence (the “Licence”) to access and use the Services for your personal use or internal business use only. You are solely responsible for your conduct or behaviour while on the Services.
The Licence is subject to the provisions of this User Agreement. Any use of the Services in contravention of this User Agreement is strictly prohibited, and may also be in violation of intellectual property, proprietary or other legal rights or laws.
Accumulus reserves all rights not expressly granted in this User Agreement, and nothing in this User Agreement shall be interpreted as conferring you any licence to intellectual property rights by any legal principle or theory whatsoever.
Unless otherwise indicated, all content, information, and other materials on the Services, save for User Content (defined below), including without limitation, Accumulus’ trademarks and logos, graphics, design, information, software, computer code (including source code or object code), text, information, data and all other files, and the compilation, selection and arrangement thereof (collectively, the “Materials”) are the property of Accumulus, its partners and/or licensors (as the case may be), and are subject to the protection of various relevant local and international laws.
E. Your usage of the Services
This clause sets out how you should and should not use the Services.
(a) at all times comply with the terms of this User Agreement (including all policies and additional terms posted on or in any of the Services), as well as comply with any law, legal order or any determination or decision by Accumulus that applies to your use of your account (including all local laws regarding online conduct and acceptable content); and
(b) provide true, accurate and complete information to us and that you will keep it updated.
2. You agree that you will not (and not attempt to):
(a) create a false identity on any Service, impersonate, pose or otherwise misrepresent your identity in a confusing, misleading or deceptive manner as (or to be falsely associated/affiliated with) another person, brand, or entity;
(b) submit, upload or otherwise transmit through any Service any data, content or other information that does not belong to you and which you do not have the consent or authority to transmit, or misrepresent or falsify the source, content of, or your authority to transmit any information that is transmitted through the Services;
(c) use another user’s account, or to forge another person’s signature;
(d) violate or circumvent the intellectual property rights (including without limitation copyrights, trademarks, trade secrets) with respect to the Materials, or any other intellectual property, proprietary or other legal right of Accumulus or any other individual or organisation (whether or not they are also a user of the Services);
(e) upload, distribute or otherwise transmit on or through any Service any information or content that is inaccurate, fraudulent, defamatory, libelous, harassing, threatening, abusive, inflammatory, obscene, or is otherwise objectionable, unlawful or infringing Accumulus’s or any third party’s rights in any way;
(f) interfere with any other user’s account access or usage of any Service;
(g) take any action that may undermine the quality or integrity of any Service;
(h) collect personal information about other users of any Service without their consent;
(i) attempt to indicate in any manner, without Accumulus’s express written consent, that you have a relationship with us or that we have endorsed you or your products or services;
(j) send junk or spam messages to other users through any Service or via email or other means, including without limitation sending any form of unsolicited or bulk advertising or promotional materials or communication, or requests to participate in any charity activity, petition, contest or lucky draw or raffle, multi-level marketing / pyramid scheme, or other similar activities;
(k) develop, support or use bots or any other form of automation tool, means or process to access or use any Service or any server, software application, or other computer resource owned, used and/or licensed by Accumulus;
(l) copying, using, disclosing or distributing any information obtained from any Service whether directly or through third parties (such as search engines), without the consent of the relevant owner of such information;
(m) develop, support or use any means, tools or processes (including spiders, robots, crawlers, data mining tools, or the like) to copy, collect, compile or harvest profile information or any other information from any Service;
(n) make any automated use of any Service or take any action that Accumulus deems to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
(o) delete, circumvent, disable, damage, or otherwise interfere with (a) security-related features of any Service or any content or information on any Service; (b) features that prevent or restrict the access, use or copying of any content accessible through any Service; (c) features that prevent or restrict access to or use of any Service or any server, software application, or other computer resource owned, used, and/or licensed by Accumulus; (d) features that enforce limitations on the use of any Service; or (e) the copyright or other proprietary rights notices on any Service;
(p) interfere with, disrupt, negatively affect or impair the operation of any Service or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of such networks connected to any Service, or interfere with, disrupt, negatively affect, or impair other users from their full use of any Service, or do anything that could adversely affect the proper functioning of any Service in any manner;
(q) upload or otherwise transmit anything that contains software viruses, malware, or any harmful code through the Services or to any other user of the Services;
(r) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
(s) copy, disclose, distribute or use any information obtained from the Services, whether such information is obtained directly or through third parties, without Accumulus’s express written consent;
(t) modify, adapt, or hack any Service or modify another website so as to falsely imply that it is associated with the Services or Accumulus
(u) sell, commercialise or otherwise monetise the Services or related data or access to the Services without Accumulus’s express written consent;
(v) monitor the availability, performance, or functionality of the Services by any means, tools or process, without Accumulus’ express written consent;
(w) modify, adapt or create derivative works based upon any part of the Services;
(x) simulate the appearance or function of the Services (e.g. by framing or mirroring the Services), or modifying the appearance or function of the services (e.g. by inserting overlays or elements to add, block or otherwise modify the appearance of the Services);
(y) circumvent any measures or processes employed in the provision of the Services;
(z) use the Services in any way other than for their intended purposes; or
(aa) use the Services for any illegal purpose; in violation of any law, contract, intellectual property, proprietary, or other legal right; or commit a tort.
F. User Content
For the purposes of this User Agreement, “User Content” is defined as any content, messages, text, sound, images, applications, code, or other data or materials that a user creates, posts, uploads or otherwise transmits on, to or through the Services.
In creating, posting, uploading or otherwise transmitting any User Content on, to or through the Services, you are granting Accumulus and our affiliates an irrevocable, royalty-free, non-exclusive, worldwide, transferable and sublicensable right to access, use, copy, translate, modify, process, create derivative content from, publish, distribute and store such User Content, without any further consent, notice, credit and/or compensation to you or others. You are solely responsible for your User Content and the consequences of posting or publishing it.
Further to Clause E above, you represent and warrant that you are (a) the creator of the User Content or otherwise have sufficient the rights and authority to grant Accumulus and our affiliates the aforementioned rights and to otherwise meet your obligations under this User Agreement; (b) your User Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any intellectual property or proprietary right, or (ii) defame or constitute a malicious falsehood against any other person; (c) the content of the User Content is true and accurate, and (d) your creating, posting, uploading or otherwise transmitting of any User Content on, to, or through the Services shall not constitute any violation of this User Agreement or any law or regulation. To the fullest extent permitted under law, you waive your right to enforce any right with respect to any of your User Content against Accumulus, our affiliates and our assignees in the use of your User Content in connection with the provision, improvement, expansion and promotion of the Services.
For the avoidance of doubt, “User Content” also includes any feedback, ideas, suggestions (“Feedback”) that you may provide to Accumulus or its officers, directors, employees or agents from time to time. You acknowledge and agree that Accumulus shall be entitled to use or disclose such Feedback in whole or in part, for any purpose in any way or form, without providing any credit or compensation to you.
To the fullest extent permitted by law, Accumulus reserves the right to screen, edit or remove any User Content created, posted, uploaded or otherwise transmitted on, to or through the Services at any time and without notice, including where such User Content may be in potential or actual violation of this User Agreement or any law (whether or not Accumulus is direct to do so by any competent authority), as determined by Accumulus in its sole discretion. You are solely responsible for creating backup copies of any User Content at your sole cost and expense.
G. Accumulus’ Rights
Accumulus shall also have the right to access, use, process and store any personal data that you provide through your use of the Services, in accordance with the terms of the Privacy Policy.
Accumulus reserves the right to restrict, suspend or terminate your use of any or all of the Services, including the right to suspend or terminate your Accumulus account, if you violate this User Agreement or the law.
Accumulus also reserves the right to cancel unconfirmed accounts or inactive accounts at our sole discretion. Additionally, we reserve the right to refuse, modify, or terminate all or part of the Services to anyone for any reason at our sole discretion.
For the avoidance of doubt, Accumulus shall have full and sole discretion on the use of Accumulus’ rights, and we shall not be liable to you with regard to the use of our rights in any way whatsoever.
H. Rights granted to third parties
Without limiting any other rights granted to third parties that are set out elsewhere in this User Agreement, the following sets out additional rights that may be granted to third parties that apply in certain scenarios.
If you use a third-party service (e.g. a social media service) to sign up for and log in to the Services, both Accumulus and such third party shall be permitted to collect, use and disclose your information in accordance with the Privacy Policy and the third party’s privacy policy (or equivalent) respectively.
If any Service that you are using has been purchased by another party (e.g. your employer or agency) for you to use, such party who purchased such Service may have the right to control your access to and get reports on your use of such purchased Service.
I. Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ACCUMULUS PTE. LTD., ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, ASSOCIATE COMPANIES AND JOINTLY CONTROLLED ENTITIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE FOREGOING PARTIES, WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, COSTS, PROCEEDINGS, DEMANDS, LOSSES, DAMAGES, EXPENSES OR LIABILITIES WHATSOEVER, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF DATA OR ANY COMPUTER-RELATED DAMAGE, IN CONNECTION WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF ANY SERVICE, OR YOUR DOWNLOADING, USE OF AND/OR RELIANCE UPON ANY CONTENT, MATERIAL OR OTHER INFORMATION OBTAINED FROM ANY SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE RESULTING FROM ANY USER CONTENT OF OTHER USERS THAT YOU MAY ENCOUNTER WHEN USING THE SERVICES, YOUR USE OF OR YOUR INABILITY TO USE ANY SERVICE, GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICES, DELAYS OR DISRUPTIONS IN ANY OF THE SERVICES, OR ANY ACTION THAT WE MAY TAKE IN CONNECTION WITH YOUR ACCUMULUS ACCOUNT WITH RESPECT TO ANY POTENTIAL OR ACTUAL VIOLATION OF THIS USER AGREEMENT OR ANY LAW. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF ACCUMULUS WAS INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU, THE USER, AND ACCUMULUS.
ACCUMULUS WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS USER AGREEMENT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO ACCUMULUS FOR THE SERVICES DURING THE TERM OF THIS USER AGREEMENT, IF ANY, OR (B) S$750.
The Services may contain links to other apps or websites that are operated by third parties and are not under the control of Accumulus. Accumulus is not responsible for and expressly excludes all liability with relation to these linked apps or websites which you access and use at your own risk, and Accumulus makes no representations, warranties, or conditions concerning the linked apps or websites or their contents, products or services.
J. Release and Indemnity
You hereby grant to Accumulus Pte. Ltd., its respective subsidiaries, affiliates, associate companies and jointly controlled entities, and the respective officers, directors, employees or agents of the foregoing parties, a full and final release and forever acquit and discharge the foregoing parties of and from all claims, actions, causes of action, suits, proceedings, and demands of whatsoever nature, character, or kind which you can, shall or may have against Accumulus, which relate to: (i) your access and use of the Services, including a dispute between you and any other users of the Services; and (ii) any information which you obtain through the Services.
You agree to indemnify, defend, and hold harmless (including legal fees on an indemnity basis) Accumulus Pte. Ltd., its respective subsidiaries, affiliates, associate companies and jointly controlled entities, and the respective officers, directors, employees or agents of the foregoing parties, from any claims, costs, proceedings, demands, losses, damages, expenses or liabilities from any third party relating to: (i) your access and use of the Services, including a dispute between you and any other users of the Services; and (ii) your violation of this User Agreement or any law.
K. Governing Law and Dispute Resolution
You agree that the governing law of this User Agreement shall be the laws of the Republic of Singapore, without regard to principles of conflict of laws.
You and Accumulus agree that any and all disputes or difference between you and Accumulus arising out of or relating to this User Agreement shall be resolved exclusively referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration tribunal shall consist of one arbitrator, and the language of the arbitration shall be English.
L. Enforceability
If any provision (or part of a provision) of this User Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force, and if any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of such provision.
M. No waiver
Any failure or delay by Accumulus in enforcing any right or remedy in this User Agreement that we are entitled to shall not constitute a waiver of such right or remedy.
N. No third party rights
A person who is not party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
O. Amendment of this User Agreement
Accumulus reserves the right to modify, update, amend, or otherwise change the terms of this User Agreement at any time. It is your responsibility to review this User Agreement regularly. Your continued use of the Services following the posting of any change to this User Agreement, whether or not you have reviewed such changes, shall constitute your binding acceptance of such change. If you object to any amendment, you should not continue to access or otherwise use any of the Services.
P. Translations
The original of this User Agreement is written in the English language. In the event of any conflict between the English and other language versions, the English version shall prevail.