Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE (THE “AGREEMENT”) CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BANALYTICS (AS DEFINED BELOW) ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
All rating information (the “Banalytics Data”) provided by Banalytics Private Limited and its partners (“Banalytics”) (whether via the portal or otherwise) is the proprietary and the confidential information of Banalytics and is protected by Singapore and international intellectual property law. You may only use the Banalytics Data or data from its partners for internal purposes (unless the applicable Banalytics Data is ratings data about your organization, in which case you may use it for external purposes as well, so long as such use is in compliance with applicable law). If you already have an agreement in place with Banalytics relating to the Banalytics Data or from its partners, that other agreement shall supersede the terms and conditions hereof. If you are accessing the Banalytics Data on behalf of a company, business, corporation or other entity, you represent and warrant that you have the authority to bind such entity to these terms.
Disclaimer of Warranties
BANALYTICS HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE BANALYTICS DATA, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, ERROR FREE OPERATION, NON-INTRUSION DUE TO HACKING OR OTHER SIMILAR MEANS OF UNAUTHORIZED ACCESS AND NON-INFRINGEMENT. THE BANALYTICS DATA AND THAT OF ITS PARTNER IS PROVIDED ON AN “AS IS” BASIS ONLY, WITHOUT ANY WARRANTIES WHATSOEVER. YOU ASSUME ALL RISK OF DAMAGE OR LOSS FROM RELYING UPON OR USING THE BANALYTICS DATA AND ANY RESULTANT DATA.
Limitation of Liability
IN NO EVENT WILL BANALYTICS OR ITS SUPPLIERS, PARTNERS, RESELLERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE TO YOU HEREUNDER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS OR DATA OR OTHER ECONOMIC LOSS) ARISING FROM ANY CAUSE OF ACTION OR LEGAL THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR ANY OTHER ECONOMIC LOSSES, EVEN IF THE PARTY OR A RELATED PARTY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF BANALYTICS FOR PROVIDING ACCESS TO THE BANALYTICS DATA HEREUNDER, TAKEN AS A WHOLE, FOR ANY AND ALL CLAIMS IN CONNECTION WITH SUCH DATA, INCLUDING BUT NOT LIMITED TO CLAIMS FOR INDEMNIFICATION, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WILL IN NO CIRCUMSTANCE EXCEED SGD100 (ONE HUNDRED SINGAPOREAN DOLLARS).
Dispute Resolution By Binding Arbitration:
This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Banalytics, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Banalytics Data, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. During the arbitration, the amount of any settlement offer made by Banalytics shall be according to paragraph 3 (Limited Liability) of this Access Terms.
Banalytics is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). During the arbitration, the amount of any settlement offer made by Banalytics or that you can claim would be according to paragraph 3 (Limited Liability) of this Access Terms.
Arbitration will be conducted by a neutral arbitrator in accordance with the applicable law in Singapore, and the arbitration shall be conducted in Singapore. The costs for the arbitration, arbitration fees, shall be upon you.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. Any publicity from you regarding your claim, dispute or the arbitration of settling your case against Banalytics or its partners would make your claim or the arbitration settlement invalid and disqualifies you from further claim against Banalytics.
This Agreement and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), will be governed by, construed and enforced in accordance with the internal laws of Republic of Singapore. Any disputes arising from or relating to this Agreement will be resolved exclusively in Singapore.