Cryptology

Terms of Use

Last updated: October 25th, 2018

1. The Terms of Use.

    1. These Terms of Use (the “Terms of Use”) are applicable to Cryptology’s website located at www.cryptology.com, and any associated site linked to www.cryptology.com (collectively referred to as the “Website”). The Website is property of Cypher Pte. Ltd. (“Cryptology”). By using the Website, YOU AGREE to these Terms of Use. If you do not agree and/or do not understand these Terms of Use, do not use the Website.

    2. Cryptology reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to periodically review these Terms of Use to keep yourself apprised of any updates or changes. Your continued use of the Website following any updates or changes imply your acceptance and agreement to such updates or changes. Insofar as you comply with these Terms of Use, Cryptology grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

2. Website’s Content.

    1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively referred to as the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Cryptology, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws (including, but not limited to, the Competition Act, Chapter 50B).

    2. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use or enterprise, without Cryptology’s express prior written consent.

3. Website’s Use.

    1. You may use information on Cryptology’s products and services (such as knowledge base articles, and similar materials) purposely made available by Cryptology for viewing on or downloading from the Website, provided that you do not remove any proprietary notice language in all copies of such documents; use such information only for your personal, non- commercial informational purpose; make no modifications to any such information; and, do not make any additional representations or warranties relating to such information.

    2. You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. Cryptology reserves the right to block any such activity.

    3. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server thereto, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate and illegal means.

    4. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

    5. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, Cryptology’s systems or networks, or any systems or networks connected to the Website.

    6. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s of the Website.

    7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cryptology on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

    8. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity which infringes the rights of Cryptology or others.

    9. You agree that Cryptology may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if it determines that you have violated these Terms of Use or other agreements which may be associated with your use of the Website or Cryptology’s services. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Cryptology, for which monetary damages would be inadequate, and you consent to Cryptology obtaining any injunctive or equitable relief that Cryptology deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cryptology may have at law or in equity.

    10. You agree that Cryptology may, in its sole discretion and without prior notice, terminate your access to the Website and/or services, for cause, which includes, but is not limited to, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the Website or any service offered on or through the Website, or unexpected technical issues or problems.

    11. If Cryptology does take any legal action against you as a result of your violation of these Terms of Use, Cryptology will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such legal action, in addition to any other relief granted to Cryptology. You agree that Cryptology will not be liable to you or any third party for termination of your access to the Website or services as a result of any violation of these Terms of Use or Other Terms as defined on Clause 4.

4. Other Terms.

    1. Additional terms and conditions may apply to specific services, promotions, features and/or specific portions of the Website. You agree to abide by such other terms and conditions, including where applicable representation that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific service or feature of the Website the latter terms shall control with respect to your use of those services or that portion of the Website.

    2. Cryptology’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in this Website should be construed to alter such agreements.

    3. Cryptology may make changes to any products or services offered on the Website, or to the applicable prices or fees for any such product or service, at any time, without notice. The materials on the Website with respect to products and/or services may be out of date, and Cryptology makes no commitment to update the materials on the Website with respect to such products or services.

5. Accounts & Passwords.

    1. To use the services available on the Website, you will be required to open an account, including a user ID and a password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, specially your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Cryptology immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Cryptology or any other user of the Website due to someone else using your credentials, password or account as a result of your failing to keep your account information secure and confidential.

    2. You are not allowed to use anyone else’s account at any time without the express permission and consent of the holder of that account. Cryptology will not be liable for any loss or damage arising from your failure to comply with these obligations.

6. Data Privacy.

    1. Cryptology’s Data Privacy Policy applies to your use of the Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is there is a special notice that a particular transmission is encrypted.

    2. Cryptology may disclose any information it has about you (including your identity) if it determines that such disclosures is necessary in connection with any investigation or compliant regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Cryptology’s rights or property, or the rights or property of users of the Website.

    3. Cryptology reserves the right at all times to disclose any information that Cryptology deems necessary to comply with any applicable law, regulation, legal process or governmental request. Cryptology also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

    4. You acknowledge and agree that Cryptology may preserve any transmittal or communication by you with Cryptology through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or if Cryptology determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of Cryptology, its employees, users and the public.

7. Disclaimer.

    1. Cryptology does not promise, guarantee, or otherwise assure that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its Content, are delivered on an “as-is” and “as-available” basis. All information provided on the Website is subject to change without prior notice.

    2. Cryptology cannot ensure that any files or other data you download from the Website will be free from of viruses or contamination or destructive features.

    3. Cryptology disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

    4. Cryptology disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any of Cryptology’s services.

    5. You assume total responsibility for your use of the Website and any linked websites. Your only remedy against Cryptology for dissatisfaction with the Website or any content is to stop using the Website or any such Content. This limitation of relief is a part of the bargain between you and Cryptology.

    6. This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

    7. Cryptology reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

    8. Cryptology reserves the right to restrict, block or limit the use of the Website and Content, and access to the services in accordance with geographic locations of the users. Any offer for any feature, product or service of the Website is void where prohibited. If you choose to access the Website from a country that has prohibited the services and/or the Content of the Website, you do so on your own initiative and you are solely responsible for complying with applicable law.

8. Liability.

    1. Except where prohibited by law, in no event will Cryptology be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Cryptology has been advised of the possibility of such damages.

9. Indemnity.

    1. You agree to indemnify and hold Cryptology, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses, including legal fees, made against Cryptology by any third party due to or arising out of or in connection with your use of the Website.

10. Governing Law & Dispute Resolution.

    1. All matters relating to your access to or use of the Website, including the interpretation, existence, validity or termination of these Terms of Use and all disputes that may arise thereto, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore, the Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. The applicable and governing law shall be the laws of the Republic of Singapore without regard to any conflict of laws.

    2. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Cryptology and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If you and Cryptology are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to Arbitration as referred on the preceding paragraph.

11. Severability.

    1. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

12. Entire Agreement.

    1. These Terms of Use constitute the entire agreement between you and Cryptology with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Cryptology with respect to such use are hereby superseded and cancelled.

13. Non-Waiver.

    1. Cryptology’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Cryptology of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Cryptology and you or any other party be deemed to modify any provision of these Terms of Use.