Terms of use
OMCOM

SaaS Terms of use

This Terms and Conditions (the “Terms”) reflects a binding contract between Omcom Pte. Ltd. (“Omcom“, “Platform”, https://omcom.io/, “website”, “us”, “we”, or“our”) and you (“User”, “Visitor”, “you”, “your”). This contract sets forth the general terms and conditions of your access and use of Omcom and any of its products or services (collectively, “Services”). Please carefully read these Terms as it stipulates your access to and use of the Platform. If you do not agree to any section of these Terms, kindly stop using or accessing Omcom. You are deemed to have read, understood, agreed, and accepted these Terms when you use and/or access Omcom or our Services. When you access and use Omcom on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. Omcom may change these Terms at any time without prior notice to you. Unless stated otherwise, any change takes effect immediately. The Last Updated date above reflects the recent date these Terms were changed or modified. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Omcom, you agree to be bound by the latest Terms.

1. USER REGISTRATION

To use the Platform, you may be required to register. Registration requires a valid business email and password (the “User ID”) that allows you access to the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. You also agree to inform us immediately of any unauthorised use of your account. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. REGISTRATION OBLIGATIONS

When accessing and using Omcom, you agree to provide us with true, current, and complete information (including when setting up an account). Also, if your information is inaccurate or outdated, you agree to promptly update that information as required so that the information remains true, current, and complete.

If you are given a User ID, you must keep your User ID secure and:

  • not permit any other person to use your User ID, including not disclosing or providing it to any other person;
  • where you access Omcom on behalf of a company or an entity, only permit authorized persons to use your User ID;
  • and immediately notify us if you become aware of any unauthorised disclosure or use of your User ID by sending an email to anton.finenko@omcom.io

3. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, platform designs, confidential information and copyrighted materials on the Platform (collectively, the “Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Singapore, its related international laws and under any similar legislation and/or laws overseas.

We grant to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited licence to access the Platform and the Content in accordance with these Terms, with the Content of the Platform being provided on an “AS IS” basis and for your information and personal use only.

Except as expressly provided in these Terms:

  • You agree that no part of the Platform and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  • you agree not to copy, reproduce, republish, translate, transmit, transfer, display, distribute, modify, adapt, rent, license, sell the content to any company, entity or individual, by any method or process, now known or developed hereafter, onto any device or medium.

You will not acquire any rights, title or interests in or to any of our intellectual property rights in Omcom except for the limited licence granted to you to use our Platform and/or Services in accordance with these Terms.

Other company, product, and/or service names and/or logos may be used and displayed on Omcom’s website. These may be trademarks or service marks belonging to their respective owners who may not be endorsed by, affiliated with or connected to Omcom.

4. USER-GENERATED CONTENT

The Platform contains API channels through which you may access chat and customer information such as ID’s, chat messages, orders and phone numbers on Lazada, Shopee and WhatsApp platforms (“Customer Details”. Additionally, you may enable access to or integration with third party services, software or platforms (e.g., access to customer relationship management software via Zapier) with Omcom (“Third Party Apps”) to enhance the functionality of Omcom. With an access to Customer Details, you are solely responsible for your use of such information and use them at your own risk. Additionally, we strongly recommend that you familiarise yourself with guidelines on such information use on Lazada, Shopee and Meta applications.

By submitting, making, contributing and/or using any Customer Details, you expressly agree not to post, link, upload to, transmit, distribute, store, create, or otherwise publish through Omcom any message, data, information, text, music, sound, photos, graphics, screenshots, video, code, or any other material (“Content”) that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, a breach of intellectual property, privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable and irrelevant to the subject of customer inquiries.

Without limitation to the foregoing, Omcom takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Omcom liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations, or content provided by our users in any public forum or other User-Generated Content.

Hyperlinks shared on the Platform to marketplaces and websites operated by third parties are provided for your reference only. Omcom has no control over content provided by such third party websites and takes no responsibility for the content of these website and/or the consequences of your accessing of such websites.

Although we have no obligation to screen, edit, or monitor any of the Content, we reserve the right, and have absolute sole discretion, to remove, screen, or edit, without notice, any Content posted or stored on this site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you add or store on the Platform at your sole cost and expense.

By submitting any Customer Details to Omcom, furthermore including any product or service reviews in any format, comments, ticket reports or enabling integration and access via Third Party Apps (“Submissions”):

  1. you agree that you are solely responsible for any Submissions that you upload;
  2. you represent and warrant that the Submissions that you upload are not false, misleading or would infringe any rights of any third party, including intellectual property rights, proprietary rights and/or any obligations of confidence. If you are not properly authorised, please do not provide us with any Submissions;
  3. you represent that any Third Party Apps you use in connection with the User-Generated Content and Submissions shall not transmit any data, send or upload any material that contains viruses, malware, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  4. you grant Omcom and its affiliates a non-exclusive, irrevocable, royalty-free, perpetual, worldwide, transferable and fully sub-licensable right to
    • host, use, reproduce, modify, adapt, translate, distribute, publish, improve, create derivative works from, and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, with or without attribution to you and/or the original author of such Submissions; and
    • collect, use and disclose the name and other information, including likeness and business contact information, that you submit in connection with each such Submission for any of Omcom commercial purposes, including to provide Services to any of Omcom’s users and you hereby consent to any such collection, use and disclosure by Omcom; and
  5. you irrevocably and unconditionally agree to, so far as is legally possible, to waive absolutely your moral rights and/or any broadly equivalent rights that you may have in any Submissions under any legislation now existing or in future enacted anywhere in the world.

5. PROHIBITED ACTIVITIES

You may not access or use Omcom, or any content or data available through Omcom for any purpose other than that for which we make the Platform available.

As a user of the Platform, you agree and warrant not to:

  1. Systematically retrieve chat data from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use the Platform and/or the Content contained therein.
  4. Use any information obtained from the Platform to harass, abuse, or harm another person.
  5. Use Omcom in a manner inconsistent with any applicable laws or regulations and any rights of us and/or any third party, including intellectual property rights, proprietary rights and/or any obligations of confidence.
  6. Engage in unauthorized framing of or linking to the Platform.
  7. Engage data mining or similar data gathering and extraction tools.
  8. Delete any copyright or other proprietary rights notice from any Content.
  9. Attempt to impersonate another user or person or use the username of another user.
  10. Sell or otherwise transfer your User ID unless specified in your Contract.
  11. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or“passive collection mechanisms” or “pcms”).
  12. Interfere with, disrupt, or create an undue burden on our Platform or the networks or services connected to Omcom.
  13. Attempt to bypass any measures of Omcom designed to prevent or restrict access to the Platform, or any portion of the Platform.
  14. Copy or adapt Omcom software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Omcom or this website.
  16. Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Omcom, or using or launching any unauthorized script or other software on Omcom.
  17. Make any unauthorized use of Omcom, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or create user accounts by automated means or under false pretences.
  18. Use Omcom as part of any effort to compete with us or otherwise use our Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.
  19. Posting, transmitting or causing to be posted or transmitted any Submissions and/or material that is: (i) unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable (ii) contains malicious content including malware, viruses, trojan horses, or which otherwise may interfere with any User’s access to our Platform; and (iii) use Omcom for any unsolicited mass mailing, WhatsApp messaging or any other form of spam.

Please note that unauthorised access to computer materials is an offence under section 3 of the Computer Misuse Act 1993. The use of automated systems or software to extract data from Omcom (e.g. scraping and crawling) to set-up a competing database or to offer similar goods and/or services is strictly prohibited.

You further agree to indemnify, hold harmless, and defend Omcom at all times from and against any claims, actions or demands, including, without limitation, losses, liabilities, cost and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against, suffered or incurred by Omcom arising, directly or indirectly, out of any Submissions or your breach of any of these Terms.

6. SECURITY OF PLATFORM AND USERS

Please note that you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We will take all reasonable steps to ensure that Omcom is safe, including obtaining regular security checks from Lazada, Shopee and Meta, but you must note that the internet is never 100% secure.

Therefore, you must:

  1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise Omcom, or otherwise attempt to damage or interfere with Omcom; and
  2. unless with our express authorization and approval to do so, access the Platform only through standard web browsers and not by any other method. Such other prohibited methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, or monitoring method.

You must obtain our written permission to establish API connection to our Platform. If you wish to do so, please email your request to anton.finenko@omcom.io

7. DISCLAIMERS & LIMITATION OF LIABILITY

Any information and datasets on our Platform, are provided on an "as is" and "as available" basis. To the fullest extent permitted by the law, Omcom disclaims any and all warranties (express, implied or otherwise), including without limitation any warranties of accuracy, completeness, reliability, continued availability, timeliness, suitability, merchantability, safety, non-infringement, title, quality, fitness for any particular purpose, and that our Platform is free from any errors, inaccuracies, omissions or interruptions, whether arising out of or in connection with any usage, trade practice, course of performance or course of dealing.

Without prejudice to the generality of this clause 7 and to the maximum extent permitted by law, Omcom and our affiliates disclaims any liability, damage and/or loss, whether indirect, consequential, punitive or incidental, or any special loss or damage (including loss of profits, loss of use, and loss of production) however caused (and whether arising out of contract, strict liability, or tort or under any legal or equitable theory of liability), arising out of or in connection with:

  1. Omcom being unavailable (in whole or part) or performing slowly;
  2. any errors, omissions or inaccuracies in respect of any information made available through Omcom;
  3. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Omcom and/or any materials on any hyperlinked third-party websites. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform protects you from this; and
  4. any site linked from Omcom. Any link to other sites does not imply any endorsement, approval, or recommendation of, or responsibility for, those sites or their contents, operations, products, or operators.

We make no representation or warranty that Omcom available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of Omcom is not illegal or prohibited, and for your compliance with applicable local laws.

To the maximum extent permitted by law:

  1. your access and use of our Platform is at your own risk; and
  2. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, or your access and use of (or inability to access or use) Omcom. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

If we are found liable for any loss or damage that arises out of or is in any way connected with your use of our Platform or Services, then the total liabilities of Omcom in the aggregate shall not exceed SGD 468.

Nothing in this clause 7 shall limit or exclude any liability that cannot be limited or excluded under applicable law and Omcom shall bear the liability to the extent set forth in accordance with any relevant laws.

8. INDEMNITY

You understand and agree that you are personally responsible for the use of Omcom. To the maximum extent permitted by law, you agree to indemnify, defend and hold us, our affiliates and each of their respective officers, directors, employees, representatives, or others involved in making available the Platform and the Services to you harmless from all liability, losses, claims, damages, costs, expenses, and fees resulting from, arising out of or related to any use, misuse, or inability to use these Services or the content or any violation of these Terms by you and/or any other person using your User ID.

9. PRIVACY POLICY

Your credentials, registration data, and any other personal information that you provide to us through Omcom or this website, as well as certain other personal information about you, is subject to Omcom Privacy Policy.

Your acceptance of these Terms and use of Omcom constitutes your acceptance and agreement to our collection, use and/or disclosure of any of your Personal Data in accordance with our Privacy Policy, including your name, business email, company name and designation.

10. SUSPENSION AND TERMINATION OF ACCOUNT

Providing false contact information of any kind may result in the termination of your account.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your access and use would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you agree not to access, use or attempt to access or use our Services, whether under any other name and/or through any other User. We may block your email address and Internet protocol address to prevent further registration. Omcom shall not be liable for any damages, losses or expenses howsoever caused by or arising out of suspension or termination of the Services or any use of the Platform.

11. GENERAL

Governing Law: These Terms shall be governed by and defined following the laws of Singapore and parties irrevocably agree to submit to the exclusive jurisdiction of the courts of Singapore.

Severability and Invalidity: If any of these Terms are determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal unenforceable, or invalid provision shall not affect the legality, enforceability, or validity of the remainder of these Terms. If any provision or part thereof of these Terms is stricken in accordance with the provision of this section, then the stricken provision shall be replaced, to the maximum extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

Dispute Resolution: In the event of a dispute arising out of or relating to these Terms, including any question regarding its breach, existence, validity or termination, and including any non-contractual claims (whether in tort or otherwise) (the “Dispute”):

  1. Both parties shall endeavour to reach a resolution of the Dispute satisfactory to both parties. Either party may commence such process by requesting a meeting with the other party, which may take place in person, or remotely. Each party shall nominate a representative who shall meet to try to resolve the Dispute.
  2. If the Dispute is not resolved within fifteen (15) business days from the meeting between the parties’ representatives (or such longer period as may be agreed between the parties), then you agree to irrevocably submit the Dispute to the exclusive jurisdiction of the courts of the Republic of Singapore. You further agree that Omcom shall have the right to enforce any judgment obtained in any court of Singapore in the jurisdiction where you reside and/or in the country of your principal place of business and you hereby waive any objection to any jurisdiction exercised by the courts of Singapore.

12. CONTACT US

To receive further information regarding the use of Omcom, please contact us at contact@omcom.io

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