Terms of Use

The following terms and conditions (these “Website Terms of Use”) govern the use of the website accessible at https://uilicious.com/ (the “Website”) which facilitates access to UI-licious’ online website and mobile application test automation solution platform (the “Platform”) and are incorporated in the Platform Terms of Service accessible at [link] (the “Platform Terms”). All capitalized terms used and not defined herein shall have the respective meanings ascribed to them under the Platform Terms.

1. ACCEPTANCE OF TERMS

UI-licious owns and operates the Website, the Platform and our sub-domains. Your use and access of this Website is subject to these Website Terms of Use. By using and accessing the Website, you are deemed to have accepted and agree to be bound by these Website Terms of Use. We may make changes to these Website Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Website Terms of Use on the Website. Your use and access of the Website following changes to these Website Terms of Use will constitute your acceptance of those charges.

2. ABILITY TO ACCEPT WEBSITE TERMS OF USE

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Terms of Use, and to abide by and comply with these Website Terms of Use.

3. ACCESS TO THE WEBSITE AND PLATFORM

3.1. You are responsible for all access to the Website and the Platform using your internet connection, even if the access is by another person.

3.2. We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or the Platform or any individual function or feature of the Website or the Platform will always be available and/or error free. The Website or the Platform may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website or the Platform.

3.3. We make no promise that the materials on the Website or the Platform are appropriate or available for use in locations outside Singapore. Accessing the Website or the Platform from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website or the Platform from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

4. YOUR USE OF THE WEBSITE AND THE PLATFORM

4.1. Your permission to use the Website and the Platform is personal to you and non-transferable. Your use of the Website is conditional on your compliance with these Website Terms of Use, and your use of the Platform is conditional on your compliance with the Platform Terms. You agree that you will not:

4.1.1. use the Website or the Platform for any fraudulent or unlawful purpose;

4.1.2. use the Website or the Platform to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

4.1.3. impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Website or the Platform or express or imply that we endorse any statement you make;

4.1.4. interfere with or disrupt the operation of the Website or the Platform or the servers or networks used to make the Website or the Platform available or violate any requirements, procedures, policies or regulations of such networks;

4.1.5. transmit or otherwise make available in connection with the Website or the Platform any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

4.1.6. reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website or the Platform, including any information of any or all Platform Users obtained through the incidental use of the Website or the Platform;

4.1.7. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or the Platform. If you wish to reverse engineer any part of the Website or the Platform to create an interoperable program, you must contact us and we may provide interface data subject to verification of your identity and other information;

4.1.8. remove any copyright, trade mark or other proprietary rights notice from the Website or the Platform or materials originating from the Website or the Platform;

4.1.9. frame or mirror any part of the Website or the Platform without our express prior written consent;

4.1.10. create a database by systematically downloading and storing any content on the Website or the Platform; and

4.1.11. use any manual or automatic device in any way to gather content on the Website or the Platform or reproduce or circumvent the navigational structure or presentation of the Website or the Platform, except where (i) our express prior written consent has been obtained, or (ii) for the sole purpose and intention of testing purposes via the Platform. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website or the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

4.2. We reserve the right to revoke these exceptions either generally or in specific instances.

4.3. Upon your use of the Website or the Platform, you hereby acknowledge and agree that you will be solely responsible for understanding and complying with all legal obligations (including any employment or recruitment related legal obligations) applicable to you, and you are advised to seek independent legal advice. We will not be responsible for any legal obligations or liabilities that may arise from your use of the Website or the Platform, including such obligations that may relate specifically to your use of the Services.

4.4. Without prejudice to the general nature of the foregoing, we reserve the right to revoke any access to the Website or the Platform at any time at our sole discretion, except to the extent otherwise expressly and specifically agreed with you. If we terminate your access to the Website or the Platform you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website or the Platform.

5. THIRD PARTY WEBSITES

5.1. The Website or the Platform may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third-party websites and resources is at your own risk.

5.2. You may create a link to this Website, provided that:

5.2.1. the link is fair and legal and is not presented in a way that is:

  • (a) misleading or could suggest any type of association, approval or endorsement by us that does not exist; or

  • (b) harmful to our reputation or the reputation of any of our affiliates; and

5.2.2. you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.

5.3. We reserve the right to require you to immediately remove any link to the Website or the Platform at any time and you shall immediately comply with any request by us to remove any such link.

6. INTELLECTUAL PROPERTY

The intellectual property rights in the Website and the Platform and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

7. LIMITATION OF LIABILITY

7.1. We provide the Website and the Platform on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Website or the Platform. To the maximum extent permitted by law, we expressly exclude:

7.1.1. all conditions, warranties and other terms that might otherwise be implied by law into these Website Terms of Use and the Platform Terms; and

7.1.2. any and all liability to you, whether arising under these Website Terms of Use or otherwise in connection with your use of the Website or the Platform.

7.2. The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Website Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

8. COLLECTION OF PERSONAL INFORMATION

We may collect and use information about you in accordance with our Privacy Policy and pursuant to the Personal Data Protection Act 2012, which can be accessed at [link]. To the extent that there is any conflict between any provision of these Website Terms of Use and our Privacy Policy, the contents of our Privacy Policy shall prevail in respect of such conflict in so far as the matters of data protection are concerned

9. DURATION OF TERMS

These Website Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Website or the Platform. If we terminate your access to the Website or the Platform you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website or the Platform.

10. GOVERNING LAW AND JURISDICTION

10.1. These Terms will be governed and construed in accordance with the laws of Singapore.

10.2. The parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore in any matter or dispute arising under or in connection with these Website Terms of Use (including a dispute regarding the existence, validity or termination of these Website Terms of Use).