By your subscription to the (WOS) Broadcast and access and use of the (WOS) Broadcast you agree to be legally bound by the Isentia Conditions. If you do not accept the Isentia Conditions, please do not subscribe to the (WOS) Broadcast and discontinue use of the (WOS) Broadcast immediately.
1.1. You represent and warrant that:
1.1.2. you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Isentia Conditions and you are either;
(i) accessing the (WOS) Broadcast and contracting in your own personal capacity; or
(ii) accessing the (WOS) Broadcast and contracting on behalf of a corporate entity.
1.1.3. you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Isentia Conditions; and
1.1.4. all of the information provided by you to Isentia (including without limitation personal particulars and contact information) is accurate and complete.
1.2. Isentia reserves the right to change, modify, suspend or discontinue the whole or any portion of (WOS) Broadcast at any time. Isentia may also impose limits on certain features or restrict your access to parts or the entire (WOS) Broadcast without notice or liability.
1.3. Isentia may from time to time vary or amend these Isentia Conditions by posting the amended Isentia Conditions on the (WOS) Broadcast. Any use of the (WOS) Broadcast after the amendment of these Isentia Conditions will be deemed to be acceptance of the amended Isentia Conditions by you. If you do not agree to the amended Isentia Conditions, you have the right to close your Account and/or cease using the (WOS) Broadcast.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a User of the (WOS) Broadcast.
“Agreement” means the agreement formed by these Isentia Conditions and the use of the (WOS) Broadcast.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access the (WOS) Broadcast or the Services.
“Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
“Linked Site” is defined in Clause 9.
“Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
“Services” means the (WOS) Broadcast and any services or software or mobile applications of Isentia accessible through the (WOS) Broadcast or otherwise.
“(WOS) Broadcast” means the Isentia app described as the (WOS) Broadcast.
“Isentia Content” means all Content of Isentia that is made available on or via the (WOS) Broadcast or an Isentia website.
“Third Party Content” means all Content from a third party made available through the (WOS) Broadcast or as part of the Services including but not limited to links to social media posts and pages in or outside of Singapore and items of media content published by a third party including excerpts and transcripts of television and radio broadcasts and articles published in newspapers, magazines, periodicals and online.
“User” means a registered user of the (WOS) Broadcast.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. (WOS) Broadcast
3.1 The (WOS) Broadcast is owned and maintained by Isentia.
3.2 Through the (WOS) Broadcast or Services Isentia may offer access to Isentia Content and Third Party Content including (i)daily collated summaries of opinions relating to top topics trending in social media; (ii) links to social media pages and posts; and (iii) media content published by a third party.
3.3 You acknowledge and agree that to access and use the (WOS) Broadcast or the Services you will be required to register/subscribe as a User and once registered/subscribed will be bound to strictly comply with the Isentia Conditions.
4. Use of Account Information
4.1 As part of the registration process you will be required to provide Personal Data to allow your Account to be set up. You will be entitled to unsubscribe to the account at any time through (i) the unsubscribe link; (ii) contacting us; and (iii) removal of our contact number from your phone’s contacts.
4.2.1 to respond to your requests and queries;
4.2.2 to provide the Services to you;
4.2.3 to communicate information and updates to you in relation to the Services;
4.2.4 to enforce these Isentia Conditions and our legal rights and remedies;
4.2.5 for marketing research, user profile and statistical analysis for the improvement of the Services;
4.2.6 for complying with law, the requests of law enforcement and regulatory officials, or orders of court; and consulting our professional advisers (including but not limited to accountants, lawyers and financial advisers);
4.2.7 for any other purpose for which we have obtained your consent, including the disclosure of such information to third parties including companies and organisations who provide a service to us or are acting as our agents (including their sub-contractors), or which assist us in processing transactions you make (including but not limited to payment processing service providers) and in providing value added services that you have requested; and
4.2.8 for any other purpose reasonably related to the purposes listed above.
5. Intellectual Property
5.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the (WOS) Broadcast, and all Isentia Content, including without limitation the copyright in the compilation of all Third Party Content, shall vest in and remain with Isentia.
5.2 Isentia does not own and does not purport to own or have any rights to the copyright, patents, trademarks, registered designs and any intellectual property rights in the Third Party Content on the (WOS) Broadcast. The (WOS) Broadcast may comprise of Third Party Content compiled by Isentia from publicly available sources only and Isentia makes no representation as to the rights of the relevant third parties to any copyright, patents, trademarks, registered designs and any intellectual property rights in the Third Party Content.
6. Online Conduct
6.1.1 to comply with these Isentia Conditions, and such other notices or guidelines that may be posted on the (WOS) Broadcast by Isentia from time to time (which are by reference incorporated into these Isentia Conditions);
6.1.2 not to use any Service, Isentia Content or Third Party Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and
6.1.3 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the (WOS) Broadcast , Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
7. Disclaimers and Limitations
7.1 While we make every effort to ensure that all Isentia Content and Third Party Content displayed on the (WOS) Broadcast is accurate and complete, we provide the Isentia Content and the Third Party Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. Isentia will not be held liable for any inaccurate, fake or erroneous news that may be shared from this service. To the fullest extent permissible pursuant to applicable law, Isentia disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.
7.2 Without limiting the foregoing, Isentia does not warrant that the functions contained in or access to the (WOS) Broadcast , Services, Isentia Content, Third Party Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the (WOS) Broadcast , Services, Isentia Content or Third Party Content are free of viruses or other harmful components, or that the download, installation or use of any Isentia Content or Third Party Content in or with any Computer will not affect the functionality or performance of the Computer. Isentia does not warrant or make any representations regarding the use or the results of the use of the Isentia Content, Third Party Content, the Services, the (WOS) Broadcast in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Isentia) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Isentia liable for the loss that is due to any circumstances beyond the control of Isentia.
7.3 The data and information made available on the (WOS) Broadcast is of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
7.4 You acknowledge that it is not Isentia policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any Third Party Content, that may be made available on the (WOS) Broadcast and that Isentia does not endorse and shall not be responsible for any such content.
7.5 You agree that all statements, offers, information, opinions, materials, in the Third Party Content on the (WOS) Broadcast should be used, accepted and relied upon only with care and discretion and at your own risk, and Isentia shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.6 You agree that:
7.6.1 Isentia shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the (WOS) Broadcast or Services without assigning any reason; and
7.6.2 access to or the operation of the (WOS) Broadcast, and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, Isentia shall not be liable for any loss, liability or damage which may be incurred as a result.
7.7 In no event shall Isentia be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the the (WOS) Broadcast , or any other website. In the event that Isentia is liable for damages despite the foregoing provision, you agree that Isentia’s aggregate liability to you for any and all causes of action in relation to the Isentia Content, Services, (WOS) Broadcast , shall not exceed the total amount of fees and charges paid by you for the Services to Isentia for the one (1) month period immediately preceding the time such liability arose.
7.8 Under no circumstances, including, but not limited to, negligence, shall Isentia be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Isentia Content, Services, (WOS) Broadcast , or any other website, even if Isentia or a Isentia authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.9 To the maximum extent permitted by applicable law, Isentia disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
7.10 You agree that the above exclusions and limitations of liability enable the Services and the Isentia Content to be provided by Isentia at either reasonable costs or no costs to you.
8. Linked Sites
9. Data Use & Privacy
You agree that Isentia has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the (WOS) Broadcast or Services, without assigning any reason.
11. Notification of Infringement
11.1 Isentia reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Isentia Content, Third Party Content and other material on the (WOS) Broadcast (“Infringing Material”) and take appropriate action. If you believe that your or any one elses work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this (WOS) Broadcast, please notify Isentia in writing immediately.
11.2 Isentia will consider all Infringement Notices submitted. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Isentia in respect of any Infringing Material, unless you have first given Isentia the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Isentia refuses or fails to remove the Infringing Material within a reasonable time. Where Isentia removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Isentia under applicable law which you may have in respect of any Infringing Material appearing on the (WOS) Broadcast prior to such removal by Isentia.
11.3 You acknowledge and agree that Isentia has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
You agree to indemnify and hold Isentia, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
12.1.1 any use of the (WOS) Broadcast or any Service;
12.1.2 your connection to the (WOS) Broadcast;
12.1.3 your breach of any terms and conditions of these Isentia Conditions;
12.1.4 your violation of any rights of another person or entity; or
12.1.5 your breach of any statutory requirement, duty or law.
If any provision of these Isentia Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Isentia Conditions shall continue in force save that such provision shall be deemed to be deleted.
14. Relationship of Parties
Nothing in these Isentia Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Isentia and you and neither party shall have any authority to bind the other in any way.
15. Governing Law and Jurisdiction
These Isentia Conditions and all matters relating to your access to, or use of, this (WOS) Broadcast and the Services shall be governed by and construed in accordance with the laws of Singapore. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.