Terms of Use

1. Acceptance of Terms

These Terms of Use (“Terms of Use”) outlines your obligations when accessing to, and using the Niometrics website available at www.niometrics.com (hereafter referred as the “Site”). The Site is owned and operated by Niometrics Pte. Ltd. (“Niometrics”), and is accessed by you under the Terms of Use described below.

Please read these terms carefully before accessing and/or using the Site or any content on the Site. By accessing the Site or any content on the Site, you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree to all the terms and conditions of this Terms of Use, please do not access the Site and/or use the content on the Site.

2. Use of the Site

Subject to your full compliance with these Terms of Use, Niometrics grants you a personal, non-exclusive, non-transferable, free of charge and revocable right of access to and use of the Site. Any other rights are expressly excluded except otherwise provided in a specific written agreement.

Therefore, you shall not, and shall not authorise a third party to, without limitation,

(i) modify, reproduce, represent, adapt and/or translate all or any portion of the Site and/or its content;

(ii) extract all or any portion of the Site and/or its content, or create any derivative work from all or any portion of the Site and/or its content;

(iii) reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site or any portion of the Site and/or its content for any commercial purpose without the express written consent of Niometrics;

(iv) delete or modify any copyright, trademark or any other proprietary rights relating to the Site which we or our suppliers own:

(v) use the Site for purposes other than those expressly authorised by these Terms of Use.

This right of use does not include any resale or commercial use of all or any portion of the Site and/or its contents, any collection and use of any product listings, descriptions, or other product or service information, any derivative use of all or any portion of the Site and/or its contents, any downloading or copying of account information for the benefit of another website provider, or any use of data mining, robots, or similar data gathering and extraction tools.

Niometrics reserves the right to modify all and/or any portion of the Site, at any time and without prior notice, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Site.

3. Niometrics Proprietary Rights

The Site and any content on the Site, including but not limited to, distinctive names, designations, text, logo, button icons, pictures, colour combinations, layout, “look and feel”, audio, video clips, digital downloads, all other graphical elements and media, and any other intellectual property rights in and to the Site are the property of Niometrics or its content providers. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by Niometrics or its content providers. Unless otherwise expressly noted, the Site and any content on the Site may not be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use, without the prior written consent of Niometrics.

4. Linking and Framing

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Niometrics so long as it is in an appropriate context and that the link does not portray Niometrics, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. It is at the sole discretion of Niometrics to define what is considered as an appropriate context.

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information, including but not limited to images, text, page layout, or form, of Niometrics without express written consent. You may not use any meta tags or any other “hidden text” utilising Niometrics name or trademarks without the express written consent of Niometrics, as well as you may not use any Niometrics logo or other proprietary graphic or trademark as part of the link without express written permission. Any unauthorised use terminates the permission granted by Niometrics.

Niometrics has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Niometrics of the site. Use of any such linked website is at the user’s own risk.

The Site may contain hyperlinks to websites operated by parties other than Niometrics. Such hyperlinks are provided for your reference only. We are not responsible for

(i) the availability or the content of other services that may be linked to our Site; or

(ii) the privacy or other practices of such websites.

5. Accuracy of Materials

The materials appearing on Niometrics website could include technical, typographical, or photographic errors. Niometrics does not warrant that any of the materials on its website are accurate, complete or current. Niometrics may make changes to the materials contained on its website at any time without notice. However Niometrics does not make any commitment to update the materials.

6. Disclaimer of Warranty and Limitations of Liability

This Site and materials available on this Site are provided by Niometrics on an ‘as is’ and ‘as available’ basis. Niometrics hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Niometrics makes no warranties, expressed or implied, as to the reliability, accuracy, timeliness or completeness of that information, and hereby assumes no responsibility for any errors or omissions therein.

You expressly agree that your use of the Site is at your sole risk. Niometrics, or any of its affiliates, employees, assigns or third party content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of this Site or any information, services or content on this Site. Niometrics does not warranty that this Site, its servers, or e-mail sent from Niometrics are free of viruses or other harmful component or similar item. In no event will Niometrics, or any of its affiliates, employees, assigns or third party content providers be held liable for any damages of any kind arising from the use of this site or inability to use this Site, including but not limited to, direct, indirect, incidental, punitive, and consequential damages, even if Niometrics or a Niometrics authorised representative has been notified orally or in writing of the possibility of such damage.

Niometrics tries to make the Site accessible at all time, but Niometrics cannot warrant that the service will be continuous or without defect.

7. Privacy

When you access or use the Site, we may collect, use and process, to the extent permitted by the law, your personal data provided by you, or generated as a result of your access and use of the Site. For more details on our Privacy Policy, please consult our Privacy Policy available here. Your access and/or use of the Site implies your acknowledgement of and agreement to our Privacy Policy terms, as well as your consent to the collection and processing of your personal data by Niometrics in accordance with our Privacy Policy.

8. Modifications of the Terms of Use

Niometrics reserves the right, at its sole discretion, to modify or replace the Terms of Use for its website at any time without notice. By accessing and using this website you are agreeing to be bound by the current version of these Terms of Use.

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Singapore and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. Any dispute arising out of the Terms of Use shall be governed by the law of Singapore, notwithstanding any conflicts of law principles.

10. Miscellaneous

These Terms of Use form the entire agreement between you and Niometrics with respect to the subject matter hereof. If you breach any terms of the Terms of Use, Niometrics may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. The failure of Niometrics to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Last updated on December, 2017.