TERMS OF SERVICE
TERMS OF SERVICE
Effective date: 1/1/2024
Last updated: 1/1/2024
DEFINITIONS
"Terms", "Terms of Service" mean these terms and conditions.
"We", "us", "Private Nation" means Private Nation Pte. Ltd., a company located at 7 Temasek Boulevard, #12-07, Suntec Tower One, Singapore 038987, email address [email protected].
"User", "you" means a person using our Website, our App, or our Services.
"Website" means the website accessible at https://privatenation.co, including its sub-domains, programming code, related technologies, know-hows, databases, content and design.
"Services" means the services that are available on/through our Website and our App.
"Third Party Sites" means data brokers, people search sites, yellow pages, publicly available online directories and other aggregators of information about individuals. These entities buy, collect, analyse, exchange, transfer, present and/or sell your personal information to third parties or use it themselves for profit, often without your consent.
“SIAC” means Singapore International Arbitration Centre.
LEGAL NOTICE
By accessing or using any part of our Website, our App or our Services, you agree to be bound by the Terms. If you do not agree to these Terms, you must leave our Website immediately.
Our Website, our App and our Services are not intended for use by individuals under the age of 12 or by any person who has been banned from our Website. By using our Website, our App or our Services, you represent that you are at least 12 years old and that you have not been banned from our Website, our App or our Services.
These Terms are governed by the laws of the Republic of Singapore without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any other jurisdiction.
We reserve the right, at our sole discretion:
To modify or revise these Terms at any time by posting the amended Terms on our Website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of our Website, our App and our Services.
To make changes, update or discontinue our Website, our App, our Services, or any format, feature or functionality thereof at any time with or without notifying you.
To terminate or restrict access to our Website, our App or our Services for any reason whatsoever.
Your continued use of our Website, our App or our Services after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of our Website, our App and our Services immediately, and cancel the account you have opened with us.
REGISTRATION AND YOUR INFORMATION
You will need to register an account with us to use our Services.
When you register, you will be asked to enter your mobile number and email address. We will submit opt-out/deletion requests to Third Party Sites to remove your personal information based on the mobile number or email address that you have registered with us.
We respect your privacy. Please refer to our Privacy Policy, which is incorporated by reference into these Terms, and which explains how we collect, use, and disclose information that pertains to your privacy in order to deliver our Services.
You represent and warrant that while using our Services:
You will not use or provide any fraudulent, misleading or inaccurate information, and
You are not impersonating any person and not falsely stating or otherwise misrepresenting your affiliation with any person.
If you provide any information that is or that we suspect is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of our Services and refuse any and all current or future use of our Services.
YOUR CONSENT AND AUTHORISATION
You consent to and authorise us:
To use the information you have provided to us, including personally identifying information (personal data), to search the Internet, and to find and manage the removal of your information from Third Party Sites, including submitting opt-out/deletion requests based on the mobile number or email address that you have registered with us,
To act on your behalf for the purposes of performing our Services to control your personal information online, including submitting opt-out/deletion requests to and communicating with Third Party Sites or other parties who have control over this information, signing opt-out documents, creating accounts for you, and any other action Private Nation reasonably deems necessary to remove, suppress, or opt-out your personal information from Third Party Sites. This authorisation will remain in full force and effect until you terminate your account with Private Nation,
To contact third parties, including Third Party Sites, who publish your information,
To contact public authorities, national agencies or commissions of consumer privacy and personal data protection to file claims or complaints,
To periodically take the actions described above on your behalf and to identify us as acting on your behalf.
SERVICES
Private Nation helps safeguard your privacy. Our Services support you in the management of your personal data in Third Party Sites.
You recognise that we will act in good faith and use reasonable efforts when removing and verifying information about you on Third Party Sites, but we cannot guarantee that Third Party Sites will honour our opt-out/deletion requests, remove your information, not reinstate your information, or will not develop new technologies or techniques preventing removal of your information.
We do not guarantee or warrant that when providing the Services we will be successful in removal, suppression or verification of online information about you. We provide our Website, our App and our Services to you on an “as is” and “as available” basis.
You acknowledge and agree that methods and techniques used by us for removing information about you from Third Party Sites may not lead to successful removal of such information.
You understand and agree that the number of successful opt-out/deletion requests might depend on the country you reside in.
We do not represent, warrant or covenant that the Services will achieve the result that you desire or that was proposed or agreed upon as the desired result at the time the Services were used.
We do not guarantee or warrant that any legal action or complaint filing would be taken and we do not promise any results.
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance, including legal or financial, in connection with our Website, our App or our Services.
We are not a law firm. We cannot and do not offer legal representation or any legal advice (be it recommendations, opinions or anything else).
We do not check your provided information for accuracy.
We do not check information about you from Third Party Sites for accuracy.
We may send a newsletter update with relevant information relating to your account activity and Website news up to twice a month. You may choose to opt-out of this at any time, as well as notifications relating to activity on your own account.
USE OF SERVICES
Subject to your compliance with these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use our Website, our App and our Services for your own personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefits of our Website, our App and our Services in the manner permitted by these Terms.
Any other use (including commercial use) of our Website, our App and our Services requires our prior written consent.
Our Website, our App and our Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, federal and foreign laws and regulations in connection with your use of our Website, our App and our Services.
You agree that you will not do any of the following while using or accessing our Website, our App and our Services:
Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our Website, our App or our Services.
Use our Website, our App or our Services in a commercial manner.
Circumvent, disable or otherwise interfere with security related features of our Website, our App or our Services, or features that prevent or restrict use or copying of any content.
Forge any tcp/ip packet header or any part of the header information in any posting or in any way use our Website, our App or our Services to send altered, deceptive or false source-identifying information.
Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on our Website, our App or through the Services, servers or networks connected to our Website, our App or the Services or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to our Website, our App or our Services.
Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting our Website, our App or our Services.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Website, our App or our Services.
Attempt to access, search or meta-search our Website, our App or our Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers, including without limitation any software that sends queries to our Website, our App or our Services to determine how a website or web page ranks.
Collect or store personal data about Users without their express permission.
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.
Use our Website, our App or our Services in any manner not permitted by these Terms.
Encourage or instruct any other individual to do any of the foregoing or to violate these Terms.
INTELLECTUAL PROPERTY RIGHTS
Our Website, our App, our Services and all related content including but not limited to text, design, graphics, images, logos, photographs, videos, illustrations, computer code, databases and software, (collectively, "Intellectual Property") are owned by or licensed to us and are protected by copyright and other intellectual property laws. All rights are reserved.
You may not reproduce, distribute, modify, transmit, or use any part of content from our Website, our App or our Services for any commercial or public purpose without the express written permission of Private Nation.
All trademarks, service marks, logos, trade names, and other proprietary designations of third parties used on our Website, our App and our Services are the property of their respective owners. You may not use any of these trademarks or trade names without the express written permission of their respective owners.
All third-party trademarks are used in our Website, our App and our Services to describe and/or refer to the particular third party or its services. Any screenshots used for providing instructions to users are the property of the Third Party Sites or other respective owners and are protected by intellectual property rights. All such rights are reserved by their owners.
If you choose to communicate to us any feedback, ideas or suggestions for improvement of our Website, our App or the Services, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.
DISCLAIMER
Your use of our Website, our App, our Services and any other information, products, functionality or software made available through our Website, our App and our Services is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.
Our Website, our App, our Services and all materials, information and products included therein, are provided on an "as is" and "as available" basis without warranties of any kind. We expressly disclaim all warranties of any kind, express, implied or statutory, relating to our Website, our App, its content and services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
We further disclaim any warranties:
Regarding the security, accuracy, completeness, reliability, timeliness and performance of our Website, our App or our Services.
That our Website, our App or our Services will be error-free or that any errors will be corrected.
That our Website, our App or our Services will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.
No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
We do not have any obligation to verify the identity of Users registered on our Website, our App or our Services, nor do we have any obligation to monitor the use of the Services by Users. Therefore, we disclaim all liability for identity theft or any other misuse of your identity or information by others.
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with our Website, our App or our Services.
We do not warrant that our Website, our App and our Services will be compatible with all hardware and software which you may use or which may exist or will exist in the future.
We are not responsible for:
The content, services, applications or availability of third parties’ websites that you access using our Website, our App or our Services.
The availability, performance, functionality or any consequences of your use of any third parties’ components, software, modules built into or otherwise integrated and available through our Website, our App or our Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, OUR APP AND/OR THE SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNT OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE ($1) SINGAPORE DOLLAR.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
INDEMNIFICATION
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
Your access to or use of our Website, our App or our Services.
Your violation of these Terms.
Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
TERMINATION AND ACCOUNT CANCELLATION
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
You may terminate these Terms at any time, for any reason, by deleting your account in our App (‘Terms and Conditions’ button at the bottom of the Home page, followed by ‘Delete my account’).
Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of our Website, our App or our Services, and/or may remove any of your data at any time if:
You violate these Terms.
You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organisation.
You have been engaged in other actions relating to or in the course of using our Website, our App or our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, us, any other third parties or for our Website, our App or our Services.
You have 'charged back' or denied any of the payments that you made for your subscription.
It is required by applicable law.
We cease offering the Services and/or discontinued our Website or our App.
Notwithstanding the foregoing, we also reserve the right to terminate our Website, our App or our Services, or cancel your account at any time and for any reason.
Upon termination of these Terms, all licenses and rights to use our Website, our App and our Services shall immediately terminate; and you will immediately cease any and all use of our Website, our App and our Services.
Upon any termination, you will no longer be able to access data submitted by you. We will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party unless otherwise provided by applicable law.
Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
DISPUTE RESOLUTION
If any dispute, arises out of or in connection with these Terms or its performance, including without limitation any dispute regarding its existence, validity, termination of rights or obligations of any part, you and Private Nation will attempt to settle the dispute by amicable negotiation. If you and Private Nation are unable to reach an agreement to settle the dispute within sixty (60) days, then the dispute shall be referred to the SIAC, in accordance with the Rules of the SIAC (i) as modified or amended from time to time and (ii) are deemed to be incorporated by reference in this Article. The number of arbitrators will be one as appointed by the SIAC in accordance with the Rules of the SIAC. The arbitration will be conducted in English. The arbitration shall be held in Singapore. This arbitration clause will be governed by the laws of Singapore. The Parties agree that the decision of the arbitration shall be final and binding on the Parties. Judgment of the award of the arbitral tribunal may be entered and enforced by any court of competent jurisdiction.
GENERAL
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Services.
Any notices or other communications permitted or required under these Terms will be in writing and given by us via the mobile number or email address that you provide during registration.
For contractual purposes, you consent to receive communications from us in an electronic form via the mobile number or email address you have submitted and agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
You will not assign this agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void. We may assign this agreement or any rights hereunder without your consent.
The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
These Terms constitute the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.