TACTLINK STANDARD TERMS AND CONDITIONS
"TACTLINK©"
BY CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING THE APPLICATION OR OPENING THE PACKAGE OR BROWSING, ACCESSING USING OUR TACTLINK APPLICATION, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS AND DO NOT DOWNLOAD THE APPLICATION, OR CLICK THE "DO NOT ACCEPT" BUTTON, AND, IF APPLICABLE, RETURN THIS TACTLINK APPLICATION TO TACTLINK PTE. LTD. (UEN: 202142753R).
This standard Terms and Conditions (the "Agreement") is made between you, the end user, and TACTLINK PTE. LTD. (UEN: 202142753R) ("Tactlink").
1. Definition and Interpretation
1.1 The following definitions shall apply in this Agreement:
"Account" means an account created by a User on the Tactlink Application as part of Registration;
"API" means application programming interfaces including but not limited to:
- Facebook – login;
- Google – login;
- Linkedin – login; and
- Firebase – Dynamic Links;
"Contents" means such content including without limitation contact list, business card list, email, data, user's registration information or other information, images, music, sound recordings, and any other information, files, or materials uploaded, stored, or transmitted by the user;
"Intellectual Property Rights" means all: (a) registered, unregistered, and pending patents, trademarks, service marks, registered designs, applications for any of those rights, trade secrets, trade and business names (including internet domain names and e-mail address names), copyrights, database rights, know- how, operation, code, architecture and implementation, as well as the look and feel of the Tactlink Application and rights in designs and inventions; and (b) rights of the same or similar effect or nature as or to those in paragraph (a), in each case in every jurisdiction worldwide;
"Tactlink Application" means our free or paid software branded "TACTLINK©", including any web-based or browser-accessible versions, which serves as a contact management platform allowing Users to filter and search for contacts, manage digital business cards, and access related functionalities and services provided by Tactlink;
"Register" means to create an Account on the Tactlink Application and "Registration" means the act of creating such an Account; and
"Services" means all features, functionalities, content, tools, and services made available by Tactlink through the Tactlink Application, including any web-based or browser-accessible versions, and/or application programming interfaces for third parties to use.
2. Grant of License
2.1 Tactlink grants to you a personal, worldwide, revocable, non-exclusive, non-transferable license to install, perform, display, run and/or otherwise use the Tactlink Application on your devices under your control that are used in connection with obtaining the Tactlink Services for non- commercial purposes. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing copies of the Tactlink Application. You may not use the Tactlink Application for any use prohibited by law.
2.2 In agreeing to use Tactlink Tactlink Applications, you acknowledge and agree that Tactlink may access, collect, use, process, and store information from your device, including but not limited to:
(a) Contacts: Access to your device's contact list for purposes including, without limitation, importing, saving, synchronising, and managing contacts necessary for the functionality of the Tactlink Application;
(b) Storage: Access to your device's storage for purposes including, without limitation, reading, uploading, saving, managing, and retrieving business cards, data files, images, and any other content necessary for the Tactlink Application' features and operations;
(c) Camera & Album: Access to, and use of, your device's camera, photo albums, and any related media capture or storage functionalities, for purposes including, without limitation, capturing, uploading, storing, synchronising, processing, managing, and sharing images, videos, or other media content in connection with your use of the Tactlink Application, including any integrated or associated cloud storage, backup, or cross-device services;
(d) Location: Access to your device's location data for purposes including, without limitation, facilitating services based on geographic proximity, enhancing user interaction, analytics, and delivering location-based features, whether now existing or developed in the future; and
(e) Cookies: Deployment of cookies and similar tracking technologies when accessing Tactlink's website and Tactlink Applications for purposes including, without limitation, facilitating your access to services, improving site functionality, personalising content, and conducting analytics and marketing.
Tactlink may request access to additional device functionalities, information, or permissions from time to time, and such access shall be subject to your prior consent where required by applicable law.
2.3 The control display of certain information in our Tactlink Application is under your control via settings and when you use social networking services in our Tactlink Application and Services, you are expected to customise or adjust your relevant privacy controls according to your own needs to avoid privacy and other risks.
2.4 You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform Tactlink of any changes to such information by updating the information in your Account. You are advised to change your password regularly and logging out safely after use to safeguard your Account.
2.5 If you are under the age of 18, you must obtain the consent of your parent or legal guardian before registering for, accessing, or using the Tactlink Application and the Services. By continuing to use the Tactlink Application, you represent and warrant that you have obtained such consent.
2.6 You shall be solely responsible for maintaining the confidentiality and security of your login credentials, account information, and any devices used to access the Tactlink Application and Services. Tactlink shall not be liable for any loss, damage or liability arising from any unauthorised access to or use of your Account, whether arising from your act, omission, negligence, or otherwise.
2.7 Tactlink reserves the right, at its sole discretion, to monitor and audit any use of the Tactlink Application and the Services for the purposes of security, compliance, fraud prevention, abuse detection, and enforcement of usage limits. Such monitoring may be conducted through automated means, manual review, or any combination thereof.
3. Intellectual Property Protection
3.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Tactlink Application are protected by copyright laws and/or other laws and/or international treaties, and belong to Tactlink and/or Tactlink's third party licensors or suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by Tactlink and/or Tactlink and or Tactlink's third party licensors or suppliers, as the case may be.
3.2 You acknowledge and agree that Tactlink possesses any and all the lawful rights and interests of Tactlink's Tactlink Application, including any intellectual property rights involved in the software and service. The information in Tactlink's Tactlink Application includes but not limited to words, software, audios and videos, photos, diagrams, all contents in advertisements, commercial information provided by Tactlink, and other materials made available through the Tactlink Application and Services, which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have Tactlink's authorisation; no unauthorised reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.
3.3 Nothing contained on the Tactlink Application nor this Agreement should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Tactlink Application without Tactlink's written permission. Misuse of any trademarks or any other content displayed on the Tactlink Application is prohibited.
3.4 Tactlink will not hesitate to take legal action against any unauthorised usage of Tactlink's trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
4. User-Generated Content
4.1 You retain all rights and ownership of your content and you warrant that you have the rights, necessary authorisation and appropriate licenses to upload the Contents whether transmitted in public or in private via Tactlink's Tactlink Application and Services. Even though Tactlink does not claim ownership of your Content, Tactlink does need certain licenses to your content in order to operate and enable the Tactlink Application and its Services. When you upload or submit Content to Tactlink's Tactlink Application Services, you grant Tactlink a worldwide license to communicate, distribute, host, make modifications or derivative works.
4.2 Tactlink reserves the right to review, block and delete the Contents or terminate the services pursuant to law and this Agreement.
4.3 Notwithstanding the foregoing provision of reservation of rights, Tactlink will not necessarily use or issue the Contents. Furthermore, such reservation of rights is only applicable to the Contents you have publicised rather than any personal information or privacy which has not yet been publicised. Unless otherwise provided in law/regulation on data protection, without permission of right holder, Tactlink will not use or provide to third party the unpublicised personal information and privacy.
5. No Warranty
5.1 Tactlink makes no warranty, expressed, implied or statutory, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third- party rights. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the above limited warranty period.
5.2 Tactlink will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, Tactlink does not guarantee that the Services or the Tactlink Application will be free of faults, and Tactlink does not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting Tactlink at info@tactlink.com.
5.3 Tactlink does not warrant that your use of the Services or the Tactlink Application will be uninterrupted and Tactlink does not warrant that any information (or messages) transmitted via the Services or the Tactlink Application will be transmitted correctly, accurately, reliably, in a timely manner or at all. Notwithstanding that Tactlink will try to allow uninterrupted access to the Services and the Tactlink Application, access to the Services and the Tactlink Application may be suspended, restricted or terminated at any time.
5.4 Tactlink does not give any warranty that the Services and the Tactlink Application are free from viruses or anything else which may have a harmful effect on any technology.
5.5 Tactlink reserves the right to change, modify, substitute, suspend or remove without notice any information or Services on the Tactlink Application from time to time. Your access to the Tactlink Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Tactlink will attempt to restore such access as soon as it reasonably can. For the avoidance of doubt, Tactlink reserves the right to withdraw any information or Services from the Tactlink Application at any time.
5.6 Tactlink reserves the right to block access to and/or to edit or remove any material which in Tactlink's reasonable opinion may give rise to a breach of this Agreement.
5.7 Tactlink does not warrant that the Tactlink Application will always be accessible, uninterrupted, timely, continuous, safe and secure, error free or free from computer virus or other invasive or damaging code or that the Tactlink Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
5.8 While Tactlink may use reasonable efforts to include accurate and up-to-date information on the Tactlink Application, it makes no warranties or representations as to its accuracy, timeliness or completeness.
5.9 Tactlink shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Tactlink Application and the Services offered in the Tactlink Application, your access to, use of or inability to use the Tactlink Application or the Services offered in the Tactlink Application, reliance on or downloading from the Tactlink Application and/or Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if Tactlink has been advised of the possibility of such damages.
5.10 Tactlink shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Tactlink Application and this Agreement. For the purposes of this Agreement, direct or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
5.11 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
5.12 Notwithstanding Tactlink's efforts to ensure that Tactlink's system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. Tactlink cannot, and does not, warrant that data transfers pursuant to the Tactlink Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
6. Limitation of Liability
6.1 (a) Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Tactlink or its third party licensors or suppliers or resellers be liable to you or any other person for any indirect, special, incidental, exemplary or consequential damages of any character including, without limitation, damages for loss of business profits, business interruption, loss of business information, computer failure or malfunction, or any and all other commercial damages or losses even if Tactlink shall have been informed of the possibility of such damages. Tactlink shall be held harmless for any losses, real or perceived, that occur relating to the use of the Tactlink Application.
(b) In any event, Tactlink's total aggregate liability arising out of or in connection with the Tactlink Application and the Services shall not exceed the total amount of fees paid by you to Tactlink in the six (6) months immediately preceding the event giving rise to the claim. Any claim against Tactlink must be commenced within six (6) months from the date the cause of action accrues, failing which such claim shall be permanently barred.
(c) The Tactlink Application and the Services are provided on an "as is" and "as available" basis, and Tactlink expressly disclaims all warranties of any kind, whether express, implied or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2 We only invoke services from third parties in our products through APIs and actual services are provided by third parties. For terms of use and relevant provisions, please refer to the relevant terms, policies, guidelines, or other governing documents issued by those third parties. Tactlink does not bear any direct or indirect liability for any issues of personal information protection that happens in your using third party services or loss caused therefrom and the problem or loss should be borne by you and/or relevant liable party, provided always that Tactlink remains responsible for personal data collected, used, or disclosed on its behalf in accordance with applicable laws and regulations, including the Personal Data Protection Act 2012.
7. Unlawful or Prohibited Use
7.1 Under no circumstances should you use the Tactlink Application for any unlawful or prohibited purposes which are not reasonably intended by Tactlink. By way of example, you agree not to use the Tactlink Application to, including without limitation:
(a) to abuse, harass, threaten, impersonate or intimidate any person/s or organisation/s;
(b) to post or transmit, or caused to be posted or transmitted, any Content that is libelous, defamatory, abusive, offensive, obscene or that infringes any copyright or other rights of any person/s or organisation/s;
7.2 For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
(a) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Tactlink user;
(b) to create or transmit unwanted "spam" or junk mail to any person/s;
(c) to post copyrighted content which does not belong to you.
7.3 You shall not advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Tactlink Application and its Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
7.4 You shall not promote or sell contents of the Tactlink Application to any other person/s.
8. Suspension and Termination
8.1 Your license to use the Tactlink Application is terminated if you violate this Agreement. Upon termination, you must destroy all copies of the Tactlink Application and related documentation. In any event, Tactlink reserves the right, in its sole discretion, to change, limit or discontinue any aspect, content or feature of the Tactlink Application, as well as any aspect pertaining to the use of the Tactlink Application.
8.2 If you use (or anyone other than you, with your permission uses) the Tactlink Application, any Services in contravention of this Agreement, Tactlink may suspend your use of the Services and/or Tactlink Application.
8.3 If Tactlink suspends the Services or Tactlink Application, it may refuse to restore the Services or Tactlink Application for your use until assurance is received from you, in a form deemed acceptable, that there will be no further breach of the provisions of this Agreement.
8.4 Without limitation to anything else in this Clause 8, Tactlink shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Tactlink Application; (b) suspend your use of the Services and/or Tactlink Application; and/or (c) suspend the use of the Services and/or Tactlink Application for persons Tactlink believes to be connected (in whatever manner) to you, if:
(a) you breach any of the terms of this Agreement;
(b) we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
(c) we suspect, on reasonable grounds, that you may have committed or be committing any fraud against Tactlink or any person; or
(d) the personal information you provide is inaccurate, fraudulent, false or illegal/invalid.
8.5 Tactlink's rights under this Clause 8 shall not prejudice any other right or remedy it may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8.6 You may terminate usage of Tactlink's Tactlink Application and Services at any time, subject always that if you are a paid user, no refund will be made except as required under applicable laws. If you wish to terminate your account, you may contact Tactlink at info@tactlink.com.
8.7 Without prejudice to any other rights under this Agreement, Tactlink reserves the right, at its sole discretion, to suspend or terminate your access to the Tactlink Application and/or the Services at any time to comply with any applicable law, regulation or governmental request, or where such suspension or termination is necessary to mitigate risk or protect the interests of Tactlink, its users, or third parties.
9. Representation, Warranties, and Indemnity
9.1 You represent and warrant that you are not: (a) located in, under the control of, or a citizen or resident of any jurisdiction subject to trade or economic sanctions or restrictions; (b) identified on any sanctions-related list of prohibited or restricted parties; or (c) using the Tactlink Application or Services in violation of any applicable export control or sanctions laws. Tactlink reserves the right to suspend or terminate access if you breach this clause.
9.2 You agree to indemnify and keep Tactlink indemnified against any claim, action, suit or proceeding brought or threatened to be brought against Tactlink which is caused by or arising out of (a) your use of the Services, (b) any other party's use of the Services using your user ID, verification PIN and/or any identifier number allocated by Tactlink, and/or (c) your breach of any of this Agreement, and to pay Tactlink damages, costs and interest in connection with such claim, action, suit or proceeding.
10. Paid Service (Premium Account)
10.1 This Clause 10 is only applicable to paid services and Premium Accounts, as may be amended from time to time.
10.2 You may need to pay for some services of Tactlink's Tactlink Application. You will get relevant services upon the fees duly paid in full. The fees applicable for the paid services are available when you download the Tactlink Application, and payment shall be made via the Tactlink Application store. The fee stated for the paid service excludes all taxes and charges unless stated otherwise.
10.3 Tactlink reserves the right to make changes about payment standard and method from time to time, and the right to incur fees for current free services, subject always to prior notification and consent from you. All payable fees shall be paid in advance and in full, failing which Tactlink reserves the right to terminate the Services without further notice to you. The above-mentioned change will be notified to users by email address provided by users during Registration. The price of the products provided through website may change at any time.
10.4 You warrant that you are the authorised user of the credit card that you enter when you create billing account in which Tactlink is duly authorised to charge you for the paid service using your credit card and for any paid feature of the Service that you choose to sign up for or use while this Agreement is in force. Tactlink may bill (a) in advance, (b) at the time of purchase, (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, Tactlink may charge you up to the amount you have approved, and you will be notified in advance of the difference for recurring subscription Services.
10.5 Tactlink reserves its rights to charge for late payment and may suspend or cancel your Service if you fail to pay in full or on time.
10.6 If your Account without subscription of any paid service is not in use in successive one (1) year, Tactlink reserves the right to terminate such account (before one month prior to termination, Tactlink will notify you on your continuous status of not signing in your account and notify you that if you do not sign in within the following one month, your Account will be terminated), in order to avoid any waste of resources. The losses (including but not limited to loss of information, data, files, records, configurations, or other account-related content) incurred therefrom should be borne by yourself.
10.7 No refunds shall be provided for any paid Services or Premium Accounts, except as required under applicable law. Any request for a refund must be submitted to Tactlink at info@tactlink.com and shall be subject to Tactlink's review and determination.
11. General Provisions
11.1 This Agreement is the exclusive agreement between you and Tactlink concerning the Tactlink Application and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and Tactlink.
11.2 Tactlink may periodically make changes to the contents of the Tactlink Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. Tactlink does not assume any liability or responsibility for any errors or omissions in the content of the Tactlink Application.
11.3 Tactlink reserves the right to amend this Agreement from time to time without notice. The revised Agreement will be posted on the Tactlink Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
11.4 Any notice or other communication under this Agreement shall be in writing and shall be deemed duly given if delivered by email to the email address associated with the User's account, or by posting within the Tactlink Application. It shall be the User's responsibility to maintain a current and valid email address. Any notice shall be deemed received upon transmission by email or upon posting within the Tactlink Application.
11.5 Tactlink's collection, use, disclosure, retention, and processing of personal data shall be governed by its Privacy Policy, which is incorporated by reference into this Agreement. By accessing or using the Tactlink Application or the Services, you expressly acknowledge and agree to the terms of the Privacy Policy, as may be amended by Tactlink from time to time.
11.6 Tactlink shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including without limitation acts of God, natural disasters, government actions, war, terrorism, cyberattacks, internet outages, or pandemics.
11.7 The Tactlink Application and Services may contain links to or integrate with third-party content or platforms. Tactlink does not control, endorse or assume any responsibility for such third-party content, and access is at your own risk and subject to the terms of the third party.
11.8 You may not assign or transfer your rights or obligations under this Agreement without Tactlink's prior written consent. Any attempted assignment in violation of this clause shall be void. Tactlink may assign or transfer this Agreement without restriction. Provisions which by their nature survive termination shall survive, including those on IP, liability, indemnity, governing law, and dispute resolution.
11.9 The provisions of this Agreement which by their nature are intended to survive termination or expiry shall so survive, including without limitation those relating to intellectual property, warranties, disclaimers, limitations of liability, indemnities, governing law, dispute resolution, and notices. Termination of this Agreement shall not affect any accrued rights or liabilities of either party.
11.10 This Agreement shall be governed by the laws of Singapore applicable to contracts executed and performed entirely in Singapore. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the courts of Singapore.