Terms & Conditions

TERMS OF USE

This document is published for access or usage of our domain name www.planetwise.io (website), including the related mobile site and/or mobile application.

The website is owned by PlanetWise Pte. Ltd., an Exempt Private PlanetWise Limited by Shares, incorporated in Singapore with its registered office at 101 Upper Cross Street, #05-24, People’s Park Centre, Singapore (058357) (hereinafter referred to as “PlanetWise“).

Your use of the website and services and tools are governed by the following terms and conditions (“Terms of Use“) as applicable to the website including the applicable policies which are incorporated herein by way of reference. If you transact on the website, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website, you shall be contracting with PlanetWise and these terms and conditions including the policies constitute your binding obligations, with PlanetWise.

For the purpose of these Terms of Use, wherever the context so requires:

The Terms “you”, “your” shall mean the user accessing the website.

The Terms “we“, “us“, “our” shall mean PlanetWise.

When you use any of the services provided by PlanetWise through the website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. The PlanetWise reserves the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, PlanetWise grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by PlanetWise Policies (including but not limited to Privacy Statement available at https://planetwise.io/privacy-policy) as amended from time to time.

ELIGIBILITY

Transaction on the website is available only to persons who can form legally binding contracts under common law read with Misrepresentation Act (Cap 390, 1994 Rev Ed), the Frustrated Contracts Act (Cap 115, 2014 Rev Ed), and the Sale of Goods Act (Cap 393, 1999 Rev Ed).

As a minor, if you wish to transact on the website, such transaction on the website may be made by your legal guardian or parents. PlanetWise reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to PlanetWise’s notice or if it is discovered that you are under the age of 18 years and transacting on the website.

COMMUNICATIONS

When you use the website or send emails or other data, information or communication to us, you agree and understand that you are communicating with PlanetWise through electronic records and you consent to receive communications via electronic records from PlanetWise periodically and as and when required. The PlanetWise may communicate with you by email or by such other mode of communication, electronic or otherwise.

USE OF THE WEBSITE

You agree, undertake and confirm that your use of website shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any content/ information which:

• belongs to another person and to which you does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
• is misleading in any way;
• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
• promotes an illegal or unauthorized copy of another person’s copyrighted work (see below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person (with a minor or an adult).
• tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without PlanetWise’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the website. Throughout this Terms of Use, PlanetWise’s prior written consent means a communication coming from PlanetWise’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
• solicits gambling or engages in any gambling activity which we, in PlanetWise’s sole discretion, believes is or could be construed as being illegal;
• interferes with another User’s use and enjoyment of the website or any other individual’s use and enjoyment of similar services;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
• violates any law for the time being in force;
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• threatens the unity, integrity, defence, security or sovereignty of Singapore, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• shall not be false, inaccurate or misleading;
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to website, or any other customer, including any account on the website not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about PlanetWise or the brand name or domain name used by PlanetWise, or otherwise engage in any conduct or action that might tarnish the image or reputation, of PlanetWise on the website or otherwise tarnish or dilute any PlanetWise’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PlanetWise on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of PlanetWise and/or others.

Solely to enable PlanetWise to use the information you supply PlanetWise with, so that we are not violating any rights you might have in your Information, you agree to grant PlanetWise a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Statement applicable to use of the website.

The PlanetWise reserves the right, but shall have no obligation, to monitor the materials posted on the website. PlanetWise shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. In no event shall PlanetWise assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the website. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

It is possible that other users (including unauthorized users or “hackers“) may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the website you acknowledge and agree that PlanetWise is not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.

CONTENTS ON WEBSITE

Except as expressly provided in these Terms of Use, no part of the website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring“) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without PlanetWise’s express prior written consent.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the website (collectively, “Content“). Such Content will become PlanetWise’s property and you grant PlanetWise the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Statement as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide. You agree that any Content you post may be used by us, consistent with our Privacy Statement as mentioned herein, and you are not entitled to any payment or other compensation for such use.

SOME CONTENT OFFERED ON THE WEBSITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE WEBSITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE WEBSITE.

PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that you and your personal data is one of our most important assets. We store and process your personal data in accordance with Personal Data Protection Act, 2012 read with the relevant rules and amendments. Our current Privacy Statement is available at [to be inserted]. If you object to your personal data being transferred or used in this way please do not use website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our services, to comply with our legal obligations, to enforce our agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Statement; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

DISCLAIMER OF WARRANTIES AND LIABILITY

This website, all the materials and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, PlanetWise does not warrant that: (i) this website will be constantly available, or available at all; or (ii) the information on this website is complete, true, accurate or non-misleading.

PlanetWise will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the website. PlanetWise does not warrant that this site; information, Content, materials, or services included on or otherwise made available to you through the website; their servers; or electronic communication sent from PlanetWise is free of viruses or other harmful components.

Nothing on website constitutes, or is meant to constitute, advice of any kind. All the services availed via the website are governed by applicable laws.

INDEMNITY AND LIMITATION OF LIABLITY

Indemnity. You shall indemnify and hold harmless PlanetWise, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Statement and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Limitation of Liability. In no event, including but not limited to negligence, shall PlanetWise, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website or the content, materials and functions related thereto, your provision of information via the website, lost business, even if such Protected Entity has been advised of the possibility of such damages.

APPLICABLE LAW AND JURISDICTION

The law applicable to the Terms of Use of this website is the law of the Republic of Singapore and the courts of the Republic of Singapore will have exclusive jurisdiction in case of any dispute

Jurisdictional Issues. Unless otherwise specified, the material on the website is presented solely for the purpose of use in the Republic of Singapore. PlanetWise make no representation that materials in the website are appropriate or available for use in other locations/countries other than the Republic of Singapore. Those who choose to access this site from other locations/countries other than the Republic of Singapore do so on their own initiative and PlanetWise is not responsible for supply of services/refund for the services ordered from other locations/countries other than the Republic of Singapore, compliance with local laws, if and to the extent local laws are applicable.

TRADEMARK, COPYRIGHT AND RESTRICTION

This site is controlled and operated by PlanetWise. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint. PlanetWise respects the intellectual property of others. In case you feel that your Trademark has been infringed, you can write to PlanetWise at [to be inserted].

MISCELLANEOUS TERMS

Equitable Relief. You acknowledge that a breach of intellectual property rights & ownership or confidentiality may cause PlanetWise immediate and irreparable harm, for which an award of damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach, PlanetWise will be entitled to equitable relief, including in the form of orders for preliminary or permanent injunction, specific performance and any other relief that may be available from any court. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under this Terms of Use, at law or in equity, subject to any express exclusions or limitations in this Terms of Use to the contrary.  

Entire Agreement. This Terms of Use, together with all Schedules, Policies and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties to this Terms of Use with respect to the subject matter of this Terms of Use and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

Assignment. You shall not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of its obligations or performance, under this Terms of Use, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without PlanetWise’s prior written consent. No delegation or other transfer will relieve you of any of your obligations or performance under this Terms of Use. Any purported assignment, delegation, or transfer in violation of this clause is void. This Terms of Use is binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

No Third-Party Beneficiaries. This Terms of Use is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Terms of Use.

Severability. If any term or provision of this Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Terms of Use so as to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Force Majeure. The PlanetWise is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

CONTACT US AND GRIEVANCE OFFICER

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this website through the link: [to be inserted].  Or,

Attention: PlanetWise Data Protection Officer

Address: 101, Upper Cross Street, #05-24, Singapore, 058357

or via email at: dpo@planetwise.io / admin@planetwise.io

POLICIES

Profanity Policy

PlanetWise prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within all its pages and all other areas of the website that another User may view. If the profane words are part of a title for the item being sold, we will automatically ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review: (i) report offensive display names; (ii) report offensive language in a listing or otherwise.

If a feedback comment; or any communication made between you on the website; or email communication between you in relation to transactions conducted on website contain profanity, please review our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

PlanetWise will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.

Violations of this policy may result in a range of actions, including: (i) limits placed on account privileges; (ii) loss of special status; (iii) account suspension.

Email Abuse and Threat Policy

Private communication, including email correspondence, is not regulated by PlanetWise. PlanetWise encourages you to be professional, courteous and respectful when communicating by email. However, PlanetWise will investigate and can take action on certain types of unwanted emails that violate PlanetWise policies. Such instances:

• Threats of Bodily Harm – PlanetWise does not permit you to send explicit threats of bodily harm.
• Spoof (Fake) email – PlanetWise will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to PlanetWise through ‘Contact Us’ tab.
• Offers to Buy or Sell Outside of PlanetWise – PlanetWise prohibits email offers to avail listed services outside of PlanetWise website. Offers of this nature are a potential fraud risk for both you and PlanetWise.

PlanetWise policy prohibits user-to-user threats of physical harm via any method including, phone, email and on the website.

Violations of this policy may result in a range of actions, including: (i) limits on account privileges; (ii) account suspension; (iii) cancellation of listings.

Other Businesses. PlanetWise does not take responsibility or liability for the actions, products, content and services on the website, which are linked to affiliates and/or third party websites using website’s APIs or otherwise. In addition, the website may provide links to the third party platforms of certain other businesses for which, PlanetWise assumes no responsibility for examining or evaluating the products and services offered by them. PlanetWise does not warrant the offerings of, any of these businesses or individuals or the content of such third party platform(s). PlanetWise does not endorse, in any way, any third party platform(s) or content thereof.

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