WECOGNITION TERMS AND CONDITIONS OF USE

Note: This Terms of Conditions of Use agreement is intended to be used by WECOognition Pte. Ltd. for provision of the website, and any other WECOognition service which can be governed by the same terms.

Introduction

WeCognition Pte Ltd., a company incorporated in Singapore (UEN: 201918062D) ("WECOO", "we", "us") is an online marketplace that allows users to list and purchase products, list associations and organisations available for users to join, and also list venues for rental. WECOO provides only a platform to facilitate the above transactions, but is not directly involved in the transaction between users.

Thank you for using our Services. These Terms of Conditions of Use agreement ("Terms") govern your access to and use of the Services provided by WECO, and constitute a binding agreement between you and WECO. Please read the Terms and our Privacy Statement carefully before you use any Services.

By using any Service, opening an account, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and our Privacy Statement, which is incorporated herein by reference. If you do not agree to the Terms or our Privacy Statement, you must not access or use the Services.

1. Definitions
• “Content” means any text, graphics, documents, photographs, images, music, software, audio, video, information, data records, digital or electronic files or other materials that WECO makes available through any Service, including any Content licensed by WECO from third parties.
• “Events Enterprise Account User” or “EEA User” means an Enterprise Account User who has subscribed to the Event Management Module.
• "Intellectual Property Rights" means rights in patents (including utility models), designs (whether or not capable of registration), semi-conductor topography rights, copyright, moral rights, database rights, trademarks, service marks, trade and business names, rights to sue for passing off, rights in the nature of unfair competition rights, trade secrets, confidentiality and other proprietary rights including rights to know-how and other technical information, applications to register any of the foregoing, rights to take action for past infringements in respect of any of the foregoing, and all rights in the nature of any of the foregoing anywhere in the world.
• "Membership Enterprise Account User" or "MEA User" means an Enterprise Account User who has subscribed to the Membership Management Module.
• "Organisation" and "Organisations" means associations, clubs or organisations listed on the Membership page.
• "Personal Data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which the organisation has or is likely to have access.
• "Products" means education and training courses on the Events page.
• "Service" and “Services” means any and all of the following services and descriptions:
  Service NameDescriptionWebsiteThe publicly-available sections of the following websites: https://www.WeCognition.com/Eventshttps://www.WeCognition.com/Events The listing of products by EEA Users, available for purchase by Users.Membershiphttps://www.WeCognition.com/Membership The listing of memberships by MEA Users, available to join. Venueshttps://www.WeCognition.com/Venue The listing of premises by VEA Users, available for rent.
• "Venues" mean premises listed by VEA Users in the Venues page.
• "Venue Enterprise Account User" or "VEA User" means an Enterprise Account User who has subscribed to the Venues Management Module.
• "User" or "Users" means an end-user of any Service.
2. Registration, Use, and Warranties
• You will need to have a registered User account with WECO in order to use some parts of the Services. By registering a User account or using any Service, you represent and warrant that:
  • you are of legal age to contract;
  • you consent to our collection, use, and disclosure of your Personal Data in accordance with our Privacy Statement for the purposes of providing you the Service
  You must meet all the abovementioned requirements to access or use the Services. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between WECO and you by these Terms.
• Types of Accounts
  • ser (free- but with limited access and functionality);
  • Enterprise (paid - access and functionalities unlocked depends on the subscription chosen and paid for below):-
  • Events;
  • Membership; and/or
  • Venues;
3. License to use Services: Subject to these Terms, we grant you a non-exclusive, worldwide, revocable license to access the Content on the Website. We further grant you a non-exclusive, worldwide, revocable license to access Content provided through other Services, subject to any additional terms specific to those Services and payment of subscription or other fees applicable to those Services. For the avoidance of doubt, (i) this license does not permit the downloading of any Content or part thereof that you may be granted access to; and (ii) nothing in these Terms, whether express or implied, shall be interpreted or construed to grant to you any assignment of Intellectual Property Rights in any Content or any other intellectual property in or made available through the Services
4. Prohibitions: By using any Service, you agree not to:
   • Post, upload, publish, submit, provide access to, or transmit any Content that:
     • infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy;
     • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
     • is fraudulent, false, misleading or deceptive;
     • is defamatory, obscene, pornographic, vulgar or offensive;
     • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
     • is violent or threatening or promotes violence or actions that are threatening to any other person; or
     • promotes illegal or harmful activities or substances.
   • Use, display, mirror or frame any Service or any individual element within a Service, the WECO name, the name of any Service, any WECO trademark or trademark of any Service, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
   • Access, tamper with, or use non-public areas of any Service, WECO's computer systems, or the technical delivery systems of us or our providers;
   • Attempt to probe, scan, or test the vulnerability of any Service or our network or breach any of our security or authentication measures;
   • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WECO or any of our providers or any other third party (including another User) to protect the Services or Content;
   • Attempt to access or search any Service or the Content, or download Content from any Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or by other generally available third-party web browsers;
   • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
   • Use any meta tags, hidden text or metadata utilizing an WECO or Service trademark, logo, URL, or product name without WECO's express written consent;
   • Use any Service or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
   • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any Service, or the Content to send altered, deceptive or false source-identifying information;
   • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
   • Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing WECO or the Services;
   • Collect or store any Personal Data from the Services or WECO, or from other Users, for any reason whatsoever;
   • Impersonate others, or misrepresent your identity or any affiliation with any person or entity;
   • Violate any applicable law or regulation; or
   • Encourage or enable any other individual to do any of the foregoing.
5. Events Page
   • This Service provides a page for EEA Users to list their Products, and for Users to buy Products. WECO acts only as a facilitator between EEA Users and Users, and takes no responsibility for the products delivered. Consequently, WECO has no control over, and you agree that WECO is not responsible or liable for, any of the following:
     • The quality, safety, morality or legality of any aspect of the items listed.
     • The truth or accuracy of the listings, or the ability of EEA Users to perform the listed Products.
     • Any Content posted by Users.
   • The Events page lists the various Events listed by EEA Users, as well as their terms and conditions governing the product.
     • You are encouraged to contact the EEA User directly should you have any questions, or if you want to find out more about a product or item listed in the Events page.
   • Purchase:
     • Upon the successful payment for a product:-
       • A non-refundable administrative fee is charged, and automatically paid to WECO;
       • the balance of the payment is sent to the EEA User; and
       • The User will contact the EEA User directly for any changes, amendments, or refunds with regards to the purchase and/or Product.
6. Membership Page:
   • This Service provides a page for MEA Users to list their Organisations for Users to join. WECO only lists the Organisations on behalf of MEA Users, and consequently, WECO has no control over, and you agree that WECO is not responsible or liable for, any of the following:
     • The quality, safety, morality or legality of the Organisations; and/or
     • Any Content posted by Users.
   • The Membership page lists the various Organisations listed by the MEA User, as well as rules governing the Organisations.
   • You are encouraged to contact the MEA User directly should you have any questions, or if you want to find out more about an Organisation.
7. Venues Page
   • This Service provides a page for VEA Users to list their Venues for rental by Users. WECO only lists the premises on behalf of VEA Users, and consequently, WECO has no control over, and you agree that WECO is not responsible or liable for, any of the following:
     • The quality, safety, morality or legality of the premises; and/or
     • Any Content posted by Users.
   • The Venues page lists the various premises listed by the VEA User, as well as the terms and conditions governing the premises.
   • You are encouraged to contact the VEA User directly should you have any questions, or if you want to find out more about any premises listed in the Venues page.
8. Rights Againts Users
   • We reserve the right to investigate and prosecute any violations of the prohibited actions at clause 4 (Prohibitions) above to the fullest extent of the law.
   • At any time, we may involve and cooperate with enforcement authorities in prosecuting Users who violate these Terms.
   • We shall have no obligation to monitor your access to or use of the Services or Content, or to review or edit any Content, except as relates to the provision of the Services. However, we shall have the right to review, edit, delay, or remove any Content for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with the law or the order or requirement of a court, administrative agency or other governmental body.
   • We reserve the right to remove or disable access your access to the Services or any Content, at our sole discretion, should we deem that a violation of these Terms has occurred, or that harm has or will be done to WECO or the Services.
   • We may cancel unconfirmed or inactive accounts, or modify or discontinue the Services. Additionally, we reserve the right to refuse or terminate all or part of the Services to anyone for any reason at our discretion.
9. Personal Data: Please see our Privacy Statement for more information on how we use your Personal Data. By using the Services, you agree to our Privacy Statement and consent to our collection, use, and disclosure of Personal Data (including transfers out of Singapore where necessary) as described in our Privacy Statement.
10. Exclusions and Limitations of Liability:
    • Your use of the Services, Content, and any goods or services obtained through the Services, is at your own risk. The Services, Content, and any goods or services obtained through the Services are provided on an "as is" and "as available" basis, without any warranties from WECO of any kind, whether express or implied, including any and all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither WECO, nor any person associated with WECO, makes any warranty or representation relating to the completeness, security, reliability, quality, accuracy, or availability of the Services or the Content. The foregoing shall not affect any warranties which cannot be excluded or limited under applicable law.
    • You understand and agree that we shall not be liable to you, whether in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms, for indirect or consequential losses of any kind whatsoever and however caused, whether or not reasonably foreseeable, reasonably contemplatable, or actually foreseen or actually contemplated, including where resulting directly or indirectly from:
      • interruptions or changes to, or cessation of, any Services;
      • your use or inability to use any Services;
      • delays or disruptions to any Services;
      • viruses or other malicious software arising from links posted on any Services;
      • glitches, bugs, errors, or inaccuracies of any kind on any Services;
      • damage to your hardware device from the use of any Services;
      • the actions or inactions of other Users;
      • any action taken against you for engaging in prohibited activity as described under clause 4 (Prohibitions) above;
      • the duration or manner in which you use any Services;
      • your responses to, or loss or inability to do business as a result of, changes to these Terms or our policies.
    • You hereby agree to release WECO (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from any and all claims, demands and damages, whether actual or consequential, of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third-parties. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
    • Notwithstanding the above exclusions of liability, in the event we are found to be liable to you or any third party, our total liability to you collectively for any and all claims, whether in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms, for any losses incurred or suffered by you or your affiliates, shall be limited in aggregate to SGD 50.
11. Indemnity: You shall indemnify and hold harmless WECO and our related and associated companies in full from and against all actions, proceedings, claims, damages, liabilities, charges, losses, costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied,) awarded by a court of competent jurisdiction or imposed or charged by any regulator or regulatory authority, and authorized settlement sums, arising out of or in connection with your use of the Services and/or breach of these Terms.
12. Fees and Enterprise Account Subscription: Access to the publicly-accessible sections of the Website, or the Events page, is provided to Users free of charge. Access to certain parts sections of the Website, are restricted to Enterprise Account Users depending on the subscription plan.
    
    Types of Subscriptions:-
    • Event Management – this allows EEA Users, which include but are not limited to:- educational institutions and/or training providers, to list their events in the Events page.
    • Membership Management – this allows MEA Users, which include but are not limited to associations, clubs and/or organisations, to list their organisations in the Membership page.
    • Venue Management – this allows VEA Users, which include but are not limited to hoteliers, convention centres, or any property owners who are interested in renting out their premises, to list their premises in the Venues page.
    Please check the Pricing page for more information.
13. Payment:-
    • Events Page Payment - WECO allows a User to make payment for purchase of a Product listed in the Events page using Stripe to process payments and to manage the account information you have provided to us.
    • Enterprise Account Payment - WECO also allows Enterprise Account members to pay for their subscriptions using Stripe.
      • Recurring payments will be deducted automatically at the frequency you choose at purchase (whether monthly or annually), until it is cancelled;
    • You may add, delete, and edit the payment method information you have provided from time to time.
    • You agree that you are subject to the applicable user agreement of your payment method. You may not claim against the WECO or any of its agents for any failure, disruption or error in connection with your chosen payment method. WECO reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
14. Force Majeure: Neither WECO nor its related and associated companies shall be liable to any User for any delay in performing or any failure to perform, its obligations under these Terms where such delay or failure is caused by events beyond the control of any of the parties, including the failure, shortage or interruption of electrical power or supply, riots or civil commotion, strikes, lock outs or trade or labor disputes or disturbances, plague, epidemic or quarantine, fire, flood, drought or acts of any government or sovereign, changes in any law, acts of war or terrorism (whether real or perceived), civil commotion, blockage or embargo, flight embargoes, inclement or extreme weather conditions, and acts of God.
15. Termination: You may terminate certain Services by going to User account profile and selecting "Terminate Subscription". Once you request to terminate your subscription to a particular Service, your access to that Service will be suspended and you will no longer be able to avail yourself of that Service. For the avoidance of doubt, disabling a particular Service shall not, on its own, terminate other Services or this agreement – it will merely disable your access to that particular Service. If you wish to terminate this agreement in its entirety, you must terminate all subscriptions to all Services, and cease using the Website in its entirety.
16. Applicable Law: This agreement shall be governed by and construed in accordance with the laws of Singapore.
17. Dispute Resolution: Any dispute among the parties arising out of or in connection with this agreement, or in the performance thereof shall in the first instance be referred to the authorised representatives of the parties for amicable resolution, failing which, the parties shall and hereby submit to the exclusive jurisdiction of the Singapore courts to adjudicate the dispute.
18. Third-Party Rights: A person not party to this agreement, other than an assignee to whom WECO has assigned its rights, shall have no right under any legislation for the enforcement of contractual terms by a third party (whether in force now or to be enacted in the future and as the same may be modified, adapted or supplemented from time to time) to enforce any term of this agreement.
19. Severability: If any term or provision in these Terms shall be held to be invalid, illegal or unenforceable, the remaining terms and provisions in these Terms shall not be affected by such invalidity, illegality, or unenforceability, and shall remain in force and effect, and such invalid, illegal, or unenforceable term or provision shall be deemed not to be part of these Terms.
20. Miscellaneous
    • No waiver: The failure of either party to enforce at any time the provisions of these Terms shall in no way be interpreted as a waiver of such provision.
    • Entire agreement: These Terms, including the Privacy Statement, contain the entire agreement between the parties and supersede all previous agreements and understandings between the parties relating to the subject matter herein. Updates to these Terms may be made from time to time and shall be notified to all users by way of a notice published on the relevant Service or by email to the User's registered email address where appropriate.