Terms & Conditions – My.Win

This platform (Platform) is operated by Enabling Win Pte. Ltd (201706619E), or its successors and assignees (we, our or us). The Platform is available through our mobile application, and may be available through other online addresses or channels, including on our website, https://enabling.win/. The Platform refers to our marketplace regardless of how you access it.

Acceptance

By downloading our mobile application, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and if you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms; and (3) agree to use the Platform in accordance with these Terms. Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Platform Summary

The Platform connects Users and facilitates communication, sharing of documents and information. The Platform also facilities Users to maintain their own content (User Content). Users may be assigned either End User or OEM roles.

Registration and Profiles

You must register on the Platform and create an account (Account) to access most features on the Platform.

We will review your request for an Account before approving the request and we may be required to re-verify your account on annual basis. For some requests, we may request additional information before approval. If you do not provide us with information we reasonably request, we may refuse to create an Account for you.

The creation of your Account, and use of the Platform, will be subject to the confidential commercial terms.

You must provide basic information when registering for an Account. For End Users, you will be required to provide your name, designation, company name, email address, location, country, phone number and you will be required to enter a username and password for your use of the Account. For OEMs, you will be required to provide your name, designation, company name, email address, company headquarters country, supply country, phone number, and other information we may reasonably require.

Once you have registered an Account, your account information will be used to create a profile (Profile). We may make any relevant changes to a Profile as reasonably required and inform you of the relevant changes made to a Profile.

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions.

You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any End User or OEM to register or create an Account. 

End Users and OEMs

An End User may (1) add content their own content; (2) search or enter details of the Product required (including by scanning or typing the identification code of the Product or the QR code found on the physical Product (Product)); and (3) request for information for the Product through the Platform with an OEM (Request). The Request is sent to the OEM through the Platform.

The OEM can view information related to Product as mentioned in the Request sent to them by the End User. The End User consents to the use of their personal information by the Platform for the generation and transmission of a Request to OEM.

Mapping and Tagging

An End User may:

  1. map a Product to any OEM for their own reference (Mapping)
  2. request to tag a Product to a specific OEM on the Platform (Tagged Product). The End User consents to the transfer of Tagged Product information to the OEM tagged on the Platform.

 

Once an OEM has received a Tagged Product request, the OEM can transfer all required information relating to the Product.

General use of the Platform

Each User understands and agrees that the Platform is an online platform and our responsibilities are limited to facilitating the functionality of the Platform.

We are not a party to any agreement entered into between an End User and an OEM. We have no control over the conduct of End Users, OEMs and any other users of the Platform and the services. We accept no liability for any aspect of the End User and OEM interaction.

Collection Notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our Platform to you.

Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

License to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using our Platform to defame, harass, threaten, menace or offend any person;
  • interfering with any user using our Platform;
  • tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  • anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
  • using our Platform to send unsolicited communication via email or through the messaging capabilities of the Platform; or
  • facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Intellectual Property rights

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

  • copy or use, in whole or in part, any Content;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • breach any intellectual property rights connected with our Platform, including (without limitation) by:
  • altering or modifying any of the Content;
  • causing any of the Content to be framed or embedded in another website; or
  • creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us the right to view, modify, access such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Confidential Information

Any User disclosing information (Disclosing Party) to another User (Receiving Party) shall be entering into a confidential relationship with respect to the disclosure of certain proprietary and confidential information.

Confidential Information shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information.

Third party sites

Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance

We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Users, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • access will be uninterrupted, error-free and free from viruses; and
  • our Platform will be secure;

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability

Despite anything to the contrary, to the maximum extent permitted by law:

  • our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the two-month period immediately preceding the event that gave rise to the Liability or S$100 if no such fees have been paid; and
  • we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
  • whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  • Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
  • event or circumstance beyond our reasonable control;
  • acts or omissions of you or your personnel;
  • any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
  • use of the Platform and/or Content;
  • interaction you have with other users whether in person or online;
  • any injury or loss to any person;
  • Content which is incorrect, incomplete or out-of-date; or
  • breach of these Terms or any law.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

This clause will survive the termination or expiry of these Terms.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

You may cancel your Account and terminate these Terms at any time by sending us an email to the address at the end of these Terms. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.

(At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) breach any of the conditions applying to your registration as a User; (iii) we have received complaints about you; or (iv) you have breached any applicable laws.

Disputes

We encourage Users to attempt to resolve disputes with other Users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must discuss at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Singapore. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Singapore and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Singapore and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Singapore.  If you access our Platform from outside Singapore, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

Electronic Communications

When you use the Platform, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Platform, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

For any questions and notices, please contact us at [email protected]

 

Last update: 01 September 2020