Effective from: April 18th, 2022
Welcome to the Waith, an online application (website https://waith.io and mobile application Waith) designed and offered by WAITH Pte. Ltd. Singapore (referred to as WAITH) especially for small businesses for managing their business activities like Invoicing, CRM, Accounting, HR, Payroll and Project Management, using a single application.
- “Account” means any and all accounts which is accessed by you in relation to the Electronic Services.
- “Authorised User” means any person(s) authorised by you from time to time to use the Electronic Services in relation to your Account.
- “Applicable law” refers to the laws currently in force in the Singapore which shall govern this agreement.
- “Content” refers to any information, images, links, sounds, graphics, videos, software, user interfaces, visual interfaces, computer code or other materials including quotes, news and research data that is available on Waith.
- “WAITH”, “we”, “us” and “our” shall refer to WAITH and all its affiliates and subsidiaries.
- “Site” means Waith’s website, all related webpages, and all related websites operated by affiliates or divisions of WAITH but does not include any third-party websites which are linked to or may link from this website whether or not such third-party websites are used in connection with the Services.
- “Services” refer to the online financial services and other small business–related services and Support offered through Waith from time to time.
- “Subscriber” refers to any person who maintains an account with us and utilizes our Services.
- “Support” means technical support and assistance provided to users of Waith by WAITH.
- “Waith” means the Site and all mobile applications and other applications which provide access to the Services offered by WAITH and its affiliates from time to time.
- “You” “Customer” and “user” shall refer to any person who visits the Site or uses Waith and includes a subscriber and its employees and agents.
Acceptance of Terms
- By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service.
- We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our website. You further agree that your electronic signature has the same effect as your manual, physical signature.
- By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.
- You may set up multi-user access for your Account and/or amend the access rights of any user for your Account, in each case, by submitting to us an authorisation request in such form and substance as we may require (“Authorisation Request”).
- Where an Authorisation Request provided to us appears to have been validly completed by you or your Authorised User, we may process such Authorisation Request without any further duty of verification and absent any manifest error, will consider any such Authorisation Request to have been correctly and validly issued by you or your Authorised User.
- If your Authorised User accesses or uses our Services, we will deal with that person as if it were you using our Electronic Services and you shall ensure that each of your Authorised User is aware of and complies with this Agreement.
- If you have authorised any person to give us Electronic Instructions on your behalf, you will be responsible for their actions and/or omissions, including any losses arising from any payments or transactions initiated or effected from your Account which they may undertake.
Access to the Platform
- We may, without notice or liability, add, discontinue, or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. WAITH may also limit the geographic locations or jurisdictions where certain Services may be available.
- We may make Services available through different devices (for example, personal computers or mobile devices). The features of Services may vary, and the access and features may differ depending on the type, system specifications and configuration of your device. To protect your Account, we may require a certain standard of specification, software version and such other technical requirements of your device used to access our Services.
- If you access Services outside of Singapore, your access may be limited and subject to the relevant laws and regulations of that country. We will not be responsible for any fees, charges, and expenses such as data roaming charges or any other charges which may be imposed by your telecommunication or other service providers in connection with the use of Services
- You agree that you will not interfere with or disrupt the operation of Waith, or the servers or networks used to make the Platform available or violate any requirements, procedures, policies, or regulations of such networks, or take any action that imposes an unreasonable or disproportionately large load on the Platform or any associated network.
- You agree that you will not transmit or otherwise make available in connection with 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, the Platform, any hardware, software, or equipment.
- You agree that you will not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any purposes, any portion of, use of, or access to the Platform.
- You agree that you will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform; and
- You agree that you will not remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform, or infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
Security of your Account
Security of your Account is your responsibility. If you discover or suspect any unauthorised or erroneous transactions from or to your Account, you agree to take such steps to protect your Account, including changing any security codes, passwords to your email accounts and reporting such incidents to us immediately.
Third Party Websites
- Waith may provide links to other websites and online resources that are owned or operated by third parties. Such linked websites are not under the control of any member of WAITH, and we cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided on the Platform shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by WAITH. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
- Except with our prior written consent, you may not insert a hyperlink to the Platform or any part thereof on any other website or “mirror” or frame the Platform, any part thereof, or any information or materials contained on the Platform on any other server, website, or webpage.
- The Contents on the Platform may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked, or otherwise used in whole or in part in any manner without the prior written consent of WAITH.
- All trademarks, service marks and logos used on the Platform are the property of the WAITH and/or the respective third party identified on the Platform. No licence or right is granted and your access to the Platform and/or use of the services available thereon should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, service marks or logos appearing on the Platform without the prior written consent of WAITH or the relevant third-party proprietor thereof. Without prior written consent, no such trade mark, service mark or logo may be used as a hyperlink or to mark any hyperlink to any site.
- We do not provide any warranty of any kind in respect of our Services, including warranties of accessibility, quality, provision or performance of any goods or services.
- We do not provide any warranty on our Content, including warranties of accuracy, adequacy, currency, or reliability.
- Hyperlinks on the Platform to any other websites or content, which are not an endorsement or verification of such websites or content.
- You acknowledge and agree that we will not be liable to you or any of your Authorised Users for any loss, damage, cost, or expense incurred or suffered in connection with usage of the platform or any services not being available, non-availability of network, any computer virus or malicious code or any transmission interruption or failure
- We are not liable for any loss, damage, cost, or expense incurred or suffered in connection with the non-delivery, delayed delivery, misdirected delivery, or the non-receipt of any Electronic Services.
- We are not liable for any loss, damage, cost, or expense incurred or suffered in connection with any unauthorised and/or unlawful access to our machines, data processing system or transmission link.
- We are not liable for any loss, damage, cost, or expense incurred or suffered in connection with any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lockouts, fire, flood, shortage of material or labour, power failures, delay in deliveries from sub-contractors or any event outside our control.
- Any claims against or disputes that you may have with a Provider are to be settled between you and the Provider. You will not claim against us in this respect.
- In no event shall we or any other member of the WAITH be liable to you or any other party for any indirect, special, incidental, or consequential damages, loss of profits or loss opportunity arising out of or in connection with your use of the Platform or any Electronic Service even if we had been advised as to the possibility of such damages or losses.
- WAITH does not provide professional accounting services. WAITH does not purport to provide you with any financial or accounting advice and you agree to release and hold WAITH harmless for and from any Claims (as defined below) arising from your use of a Waith.
Collection and Use of Personal Information
- You agree that any information provided by you may be disclosed to our service providers who perform services for us and help us operate our business and the Platform; and to our professional advisors (including our lawyers) to protect and advance our rights.
- If WAITH, in its sole discretion, believes that you or your Authorised Users may have breached any provision of this Agreement, we may act to protect ourselves, other users of the Platform and third parties.
- The action WAITH may take includes but is not limited to closing, suspending, or limiting your and/or your Authorised Users’ access to your Account.
Duration of Terms
- This Agreement shall remain in form until terminated by WAITH. WAITH may, at any time and without giving any reason or notice, terminate your access to or use of the Platform. We shall tell you as soon as practicable by any notification method, including through Electronic Services. Such termination shall be effective on and from the date specified in the notice.
- If we terminate your access to the Platform, you will not have the right to bring claims against us, any other member of WAITH or our affiliates with respect to such termination. WAITH shall not be liable to you for any losses, costs, claims, expenses, fees, or damages suffered or incurred in connection with any termination of your access to the Platform.
- You can end any Electronic Services by giving us advance written notice.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with Singapore law. You agree that the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with this Agreement.
Rights of Third Parties
Except as expressly provided in this Agreement, nothing in this Agreement, or any other terms and conditions referred to herein and incorporated by reference, gives rise to any third-party rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement. This provision shall not apply to members of WAITH.