General
This set of Terms of Use is made by and between Bixie Limited (“we”, “us”, “our” or the “ Bixie Limited”), and the user of this App (“you”, “Licensee”, or the “User”).
Access to the Bixie Service
You understand that Bixie Service is available to you either online or downloading through the Play Store or App Store. All use of Bixie Service shall be pursuant to this Terms of Use.
License Grant and Restrictions
Subject to your compliance with this Terms of Use , Bixie Limited hereby grants you a personal, limited, non-exclusive and non-transferable license to use Bixie Service on your device.
You agree and accept that Bixie Service is the sole property of Bixie PTE LTD and includes valuable trade secrets of Bixie PTE LTD . Except as otherwise permitted, this license does not grant you the right to use Bixie Service for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of Bixie Service. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the Bixie Service.
In any event, Bixie Limited retains the exclusive ownership of Bixie Service, and except as expressly set forth herein, no other rights or licenses shall be granted or be implied under any Bixie Limited’s intellectual property.
Intellectual Property
The graphics, designs, source codes and service names are the intellectual properties of Bixie Limited and shall not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
All intellectual property rights subsisting in respect of Bixie Service belong to Bixie PTE LTD or have been lawfully licensed to Bixie PTE LTD for use on the Bixie Service. All rights under applicable laws are hereby reserved. Except with the express permission of Bixie PTE LTD , you shall not be allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of Bixie Service itself or create derivative works with respect thereto, as the Bixie Service is copyrighted under applicable laws.
Feedback
We shall provide you with the opportunity to submit feedback to Bixie PTE LTD. We shall request this information from you by email, web questionnaires, in-app chatbox, bug forms, and other mechanisms. By agreeing to the Terms of Use , you agree that Bixie PTE LTD may contact you from time to time about the Bixie Service, and you hereby consent to receive such communications. You agree that in the absence of a separate written agreement to the contrary, we shall be free to use any feedback you provide for any purpose.
Consent to Collection and Use of Data
In order to improve Bixie Service, you acknowledge that Bixie PTE LTD and its agents shall be collecting, using, storing, processing and analysing the diagnostic, technical, usage, and/or related information from your devices. This data shall be collected in a form that does not personally identify you except an email address and may be collected from such mobile devices at any time. The data that shall be collected includes, but is not limited to, general diagnostic and usage data, various unique system identifiers, information about your mobile device, system and application software, and, if Location Services is enabled, the real-time geographic location of your mobile device and location search queries. By accessing Bixie Service on your mobile device, you acknowledge and agree that Bixie PTE LTD and its agents have your permission to collect all such information and use it as set forth above. If you do not agree to the foregoing, you may request to delete your account and/or uninstall the App from your mobile device at any point.
In order to help you apply for third party financial services through the App or website, you acknowledge that Bixie PTE LTD may, at times, request for your identification information in addition to your email address. If collected, such information will only be used at your request or consent.
System Logs and Diagnostic Files
In addition, you will have the option of manually attaching system diagnostic files (e.g., kernel logs, hang logs, crash logs, spin logs, install logs, application logs, etc.) from your mobile device (“System Logs”) to send to Bixie PTE LTD. Providing these System Logs is voluntary, but if you do provide them to us, then you acknowledge that we shall use them for diagnostic purposes and to improve the App and Bixie PTE LTD’s products and services.
Privacy Policy
Data collected pursuant to this Terms of Use (including the Financial Account Information (as defined below)) shall be treated in accordance with our Privacy Policy, which is incorporated by reference into this Terms of Use.
Acting as your Authorized Agent
You acknowledge and agree that when Bixie PTE LTD is accessing and retrieving your Financial Account Information from third party sites, Bixie PTE LTD is acting as your agent, and not as the agent of or on behalf of any third-party financial institutions. You understand that the services on the App and the website are not endorsed or sponsored by any third-party financial institutions where your accounts are held, and therefore, we do not guarantee and shall not be liable for the accuracy or reliability of any data, information or content that we electronically retrieve on your behalf from the third-party financial institutions.
Bixie PTE LTD may not be able foresee or anticipate technical or other difficulties which may result in failure to retrieve your Financial Account Information. Bixie PTE LTD assumes no responsibility for the failure to retrieve any Financial Account Information, and loss of any Financial Account Information which is at no fault of Bixie PTE LTD .
Link to Third Parties’ Website
Where the App or website contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links shall not be interpreted as approval or endorsement by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources. This Terms of Use shall not cover your interaction with any linked sites or third party resources.
No Support Obligation
Bixie PTE LTD will provide maintenance and technical support at our discretion. We are not obligated to provide you with any maintenance, technical or other support for the Bixie Service. You agree to abide by any support rules and policies that Bixie PTE LTD provides to you in order to receive such support.
No Warranty
You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the Bixie Service is at your sole risk and that the entire risk as to satisfactory quality, performance accuracy and effort is with you. Bixie PTE LTD is providing all information to you solely on an “as is” basis and without any warranty of any kind, whether express or implied, including without limitation. The implied warranties of merchantability, non-infringement, accuracy, completeness, performance and fitness for a particular purpose.
Disclaimer of Liability and Indemnification
You shall assume all risks and all costs associated with the installation or use of the App provided under the Terms of Use, including, without limitation, any back-up expenses, costs incurred for the use of Bixie Services on your mobile device and peripherals, and any damage to any equipment, software, information or data. To the extent not prohibited by applicable law, in no event will Bixie PTE LTD be liable for any indirect special, Incidental or consequential damages, whether arising in tort (including negligence), contract or otherwise, arising out of or related to the Terms of Use, including any liability that stems from any use of the app on your mobile device and/ or any peripherals connected thereto, and/or from any other confidential information, and/or Bixie PTE LTD performance or failure to perform under the Terms of Use.
In particular, we shall not be liable for :
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Even if it has been advised or is aware of the possibility of such damages. In no event shall Bixie PTE LTD’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed an amount equal to any fees paid by you for installing, downloading, accessing or using Bixie Service. The foregoing limitations shall apply even if the above state remedy fails for its essential purpose.
You acknowledge and agree that we cannot always anticipate technical or other difficulties with the App and our website, either presently or as they evolve; the App and our website may contain bugs, errors or other problems, which may result in loss of your data or settings. Therefore, we shall not be liable for any loss and damages suffered by you due to the technical problems on the App and/or our website which is not reasonably foreseeable and beyond our control.
You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our services on the App and the website, your violation of this Terms of Use, your infringement of any intellectual property rights, or violation by any users of your account with Bixie PTE LTD . In the event that there are third party claims against you for which you may seek damages from us under this Terms of Use, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
Paid features
Bixie app is free to install but some features in the future may require a subscription fee. If/when subscription fees are introduced, newly registered users will have a free trial access to the application and all of its features for 90 days. During or after the trial access, you will be able unlock paid version of the application by purchasing a suitable subscription plan. Trial users will have the option to request for account or information deletion in accordance with our privacy policy.
Modification
This Terms of Use shall continue in effect until it ceases to have effect. We may modify or change the Terms of Use at any time without notice to reflect the changes, with or without cause. Every time you wish to use Bixie Service, please review this Terms of Use to ensure you understand the terms that apply at that time.
Third Party Information
The Bixie Service may contain information, statistical or aggregated data and other copyrighted material (collectively known as, “Third Party Information”) supplied by third parties. Acknowledgements, licensing terms, and disclaimers for such information are contained within, and your use of such information is governed by such respective terms. Mention of third parties and use of such Third Party Information provided to the Users is for informational and knowledge purposes only and Bixie PTE LTD shall have no responsibility or liability with regard to nor warrants the performance or accuracy of the information supplied by the third parties.
Waiver
No failure or delay by a party to exercise any right or remedy provided under this Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Assignment and Other Dealings
This Terms of Use is personal to the parties and neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Terms of Use.
No unlawful or prohibited use
As a condition of your use of Bixie Service, you warrant to us that you shall not use the service for any purpose that is unlawful or prohibited by this Terms of Use and notices. You shall not use the site in any manner which could damage, disable, overburden, or impair Bixie Service or interfere with any other party’s use and enjoyment of the service. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App or website.
Your use of the Bixie Service shall not:-
- be false, inaccurate or misleading;
- be violation of any applicable law, statute, ordinance, regulation or these Terms of Use.
We do not guarantee that the Bixie Service, or any content on it, will be always be available or be uninterrupted. We may suspend, modify, deny, discontinue, cancel or stop any access to or use of the App and the services (“Interruption”) at any time for the following reasons:
- the maintenance of, or technical or other enhancements to Bixie Service;
- the security of Bixie Service;
- the business and operational reasons of the Bixie PTE LTD ;
- suspected unauthorized or fraudulent use of Bixie Service and/or the services; or
- any Force Majeure event which is beyond the control of Bixie PTE LTD .
We shall notify you of any Interruption as soon as reasonably practicable and we shall use reasonable efforts to minimize the duration and/or impact of such Interruption. We shall not be liable for any loss suffered or incurred by you or any other person arising out of any Interruption.
Governing Law and Jurisdiction
This Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Singapore and the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Terms of Use or its subject matter or formation.
Severance
If any provision or part-provision of this Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms of Use.
Entire Terms and Conditions
The Terms of Use , including any appendices made effective pursuant to the Terms of Use and any additional licenses accompanying the Company Software,App and website, constitutes the entire Terms of Use herein and supersedes all prior or contemporaneous oral or written agreements.
Contact
If you have questions or concerns about this Terms of Use, please contact us via email at support@mybixie.com.