Blog

News

END USER LICENSE AGREEMENT

 

 

SaaS Subscription Agreement

Subscription Agreement

This Agreement outlining the terms and conditions relating to the use of our Subscription
Software Service was last updated on 1 July 2021

DEFINITIONS

Customer”, means any person or entity that has purchased a Subscription and has paid the applicable Subscription Fee.

Subscription Fee”, means the fee stipulated by ONTHEGO SOFTWARE LAB PTE. LTD. (OTG), which shall be paid by the Customer, in order to receive the Subscription for the duration of the Subscription Period.

Services”, means a unique OTG solution for the Customer distributed under the “ONTHEGO Mobile Van Sales” brand, the implementation of which may include, the supply of certain Software as well as the rendering of related services.

Software”, means any software (including but not limited to software as a service (SaaS)),
utility, tool, or other computer or program code, as well as the related documentation,
provided by OTG to the Customer in connection with the Services. Software includes
software locally installed on the Customer’s systems and web-based software accessed by
the Customer through the Internet.

Named User” shall mean a single individual who is the Customer’s employee or service
provider and authorised by the Customer to use the license, for whom Subscription to the
Service has been procured, and who has been supplied user identification and password by
the Customer.

Subscription” means having the right to (a) use the Software during the period for which
the Customer has paid the Subscription Fee (b) receive Software updates from OTG as they
are made generally available from time-to-time during the Subscription period, and (c) use
the online OTG support site.

PROTECTION OF CUSTOMER’S DATA

OTG shall maintain commercially appropriate administrative, physical, and technical
safeguards for the protection, security, confidentiality and integrity of the Customer’s data.
OTG shall not (a) modify the Customer’s data, (b) disclose the Customer’s data except as
compelled by law or as expressly permitted in writing by the Customer, or (c) access the
Customer’s data except to provide the services and prevent or address service or technical
problems, or at the Customer’s request in connection with customer support matters. OTG
might monitor the Customer’s account in order to optimise the performance of its servers,
to optimise the operation of its Services, and to ensure compliance with the provisions of
this Agreement. Customer data will be retained on OTG servers for twelve (12) months after
which time it may be purged without notice to the Customer.

CUSTOMER’S RESPONSIBILITIES

The Customer shall (i) be responsible for the Customer’s Named Users’ compliance with this
Agreement, (ii) be responsible for the accuracy, quality and legality of the Customer’s data
and of the means by which the Customer acquired that data, (iii) use commercially
reasonable efforts to prevent unauthorised access to or use of the Services, and notify us
promptly of any such unauthorised access or use, and (iv) use the Services only in
accordance with the terms of this Agreement and applicable laws and government
regulations. The Customer shall not (a) make the Services available to anyone other than the
Customer’s Named Users, (b) sell, resell, rent or lease the Services, (c) use the Services to
store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store
or transmit material in violation of third-party privacy rights, (d) use the Services to store or
transmit malicious code, (e) interfere with or disrupt the integrity or performance of the
Services or third-party data contained therein, or (f) attempt to gain unauthorised access to
the Services or their related systems or networks.

GRANT OF LICENSE

Subject to the limitations and restrictions provided in this Agreement, OTG grants the
Customer a limited, non-exclusive, non-sub-licensable, non-transferable, license to install
and use the Software provided to the Customer in connection with the Services in
accordance with this Agreement. This Agreement does not convey to the Customer any
interest in or title to the Software, but only limited rights to use the Software solely in
accordance with the terms and conditions of this Agreement.

FEES AND PAYMENT

We accept the following forms of payment:

  • GIRO
  • PayNow
  • Cheque

The customer will pay the Fees in a timely manner and in accordance with the payment terms, which forms part of this Agreement. Failure to pay any Fees for more than 14 days after the due date will constitute a material breach of this Agreement.

MOBILE APPS

OTG provides native mobile applications that allow the Customer to access OTG web-based
software on Android devices.
Mobile devices must be purchased separately and are not included in the Customer’s
Subscription. These mobile apps may incur data charges with the Customer’s wireless
carrier, including roaming charges where applicable. OTG mobile apps may collect technical
data, including information about application crashes and usage statistics, and may use
certain third party libraries or modules. Any such mobile apps offered by OTG shall
constitute part of the Software, and as such their usage is subject to the terms and
conditions of this Agreement.
Once the Customer’s Subscription to the OTG web-based software expires and is not
renewed, all the OTG mobile apps installed on devices of the Customer’s Named Users will
be disconnected from the OTG web-based software.

CHANGES TO THE SITE AND SOFTWARE

OTG shall have the right at any time to change or discontinue any aspect or feature of the
Software and/or Services, including, but not limited to, content, hours of availability, and
equipment needed for access or use.

INTELLECTUAL PROPERTY RIGHTS

The Customer acknowledges and agrees that the Software is a proprietary product of OTG,
protected under national and international intellectual property laws. The Customer further
acknowledges and agrees that any and all rights, titles, and interests in and to the Software,
including associated intellectual property rights, any patents, patent applications,
copyrighted material and trade secrets, and all copies, revisions, modifications, updates
and/or upgrades thereto, and all derivative works thereof, whether made by OTG, the
Customer or on behalf of OTG or the Customer, shall remain the sole and exclusive property
of OTG.

TERMINATION

All subscription are non-refundable. The customer can cancel the subscription at any time by contacting us @ info@onthego.com.sg or +65 6714 6622.
The terms and conditions contained in this Agreement, and the license terms are effective
until the Subscription is terminated. The Customer’s rights under this Agreement will
terminate automatically without notice from us if the Customer fails to comply with the
terms of this Agreement. Upon the termination of the Subscription the Customer shall cease
all use of the Software and destroy all copies, full or partial, of the Software.

DATA RETENTION

Unless specific alternative provisions are made, transactional data held within the OTG web based software may be subject to purging twelve months after its creation.

DISCLAIMER OF WARRANTIES

The Customer acknowledges and understands that the Software licensed is provided to the
Customer “as is” without any warranties whatsoever concerning the installation, use or
performance of the software. OTG expressly disclaims, and the Customer hereby expressly
waives all other warranties, whether express or implied, including warranties of
merchantability, fitness for a particular purpose, non-infringement, system integration, non-interference, accuracy, reliability and quality of the Software. OTG do not warrant that the Software will meet the Customer’s requirements or that the operation of the Software will be uninterrupted or error-free.

LIMITATION OF LIABILITY

OTG is not liable for direct, indirect, incidental, consequential, special, punitive, exemplary,
or any other damages (including, without limitation, legal fees) (collectively, the
“Damages”), arising out of the Customer’s use or inability to use the Software. By way of
example and not of limitation, OTG is not liable for Damages for: (i) loss of revenue,
anticipated profits, business, savings, goodwill or data, (ii) any failure of performance, error,
omission, denial of service attack, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, and (iii) third party theft of,
destruction of, unauthorised access to, alteration of, or use of the Customer’s information,
equipment, or property. The Customer specifically acknowledges and agrees that OTG is not
liable for the conduct of and information supplied by other site users or third parties
(including, without limitation, defamatory, offensive or illegal conduct) and that the risk of
injury from the foregoing rests entirely with the Customer.
Notwithstanding the above, if OTG is found to be liable by a final judicial ruling, OTG’ liability
to the Customer or to any third party shall be limited to the sums actually paid by the
Customer to OTG in connection with the Software and/or the Services.
The Customer shall indemnify, defend, and hold OTG harmless from and against all Damages
and liabilities that arise from a third party’s claim resulting from the Customer’s use of the
services by violation of this Agreement or from any violation caused by the Customer of
applicable law.

LINKS

OTG’ website and Software may contain links to external websites or software services that
are not within OTG’ control. If the Customer decides to use any of these external links, the
Customer will be connected to a site or service not covered by this Agreement. OTG is not
responsible for the privacy, security practices or content of such websites.

JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Singapore. The parties to this Agreement submit to the exclusive
jurisdiction of the Court of Singapore.

ACCEPTANCE

A Customer purchasing a Subscription is deemed to have accepted this Agreement, the
terms and conditions contained and the provisions of the terms of the Software license,
together with any updates to this Agreement that may be issued from time-to-time and
notified to the Customer.