Terms of Service
Last updated on October 6th, 2020
Introduction
1.1. These terms and conditions of service (“Terms of Service”) describe the terms applicable to your use of this website ICANPE.COM, mobile-optimized versions of the website, digital applications, and any other media formats for the purposes of use and promotion of ICANPE.COM(collectively referred to as the “Covered Sites”), and other products, software and services offered on the Covered Sites or owned and operated by CANPE SOLUTIONS (together the “Services”).
1.2. The Covered Sites are owned and operated by CANPE SOLUTIONS PTE LTD, a company registered under the laws of Singapore and with its registered office at 90 Punggol Central, 06-21, Singapore 828722(“CANPE SOLUTIONS PTE LTD”) and CANPE SOLUTIONS INDIA PRIVATE LIMITED, a wholly-owned subsidiary company of CANPE SOLUTIONS PTE LTD, registered under the laws of India and with its registered office at G-001, South End Sampurna, No. 11 / 94, Model House Street, Basavanagudi, Bengaluru, Karnataka, India, 560004. Accordingly, the terms “ICANPE.COM”, “CANPE SOLUTIONS PTE LTD”, “CANPE SOLUTIONS INDIA PRIVATE LIMITED”, “CANPE”, “we”, “our” and “us” in these Terms of Service refer to CANPE SOLUTIONS.
1.3. By accessing the Covered Sites, registering with the Covered Sites, submitting any material to the Covered Sites or using any of the Services, you expressly agree to accept these Terms of Service in full. Accordingly, if you disagree with these Terms of Service or any part of these Terms of Service, you may not access or otherwise use the Covered Sites.
1.4. You represent and warrant that you are an individual of legal age to form a binding contract as per the laws of India (or if not, you’ve received your parent’s or guardian’s permission to use the Covered Sites and that your parent or guardian has agreed to these Terms of Service on your behalf).
License
2.1 Subject to the compliance with Terms of Service and payment of fees (if and as applicable), CANPE SOLUTIONS grants you a non-transferable, non-exclusive, license to use the Covered Sites for your personal, non-commercial use. CANPE SOLUTIONS reserves the right to grant commercial use access to parties only on a case-to-case basis under separate written contracts.
Intellectual Property Rights
3.1 Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Covered Sites are owned by CANPE SOLUTIONS or it’s licensors, or by the content suppliers. The provision of the Covered Sites does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. CANPE SOLUTIONS or its licensors, or content suppliers reserve all intellectual property rights not specially granted in these Terms of Service.
3.2 Subject to the restrictions under Paragraph 4 (Restrictions on Use) below, you agree that all copyright and other proprietary notices on any Covered Sites content must be retained on all copies thereof.
Restrictions on Use
4.1 The rights granted to you under these Terms of Service are subject to the restrictions provided below.
4.2 You shall not:
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Covered Sites, without express written consent of CANPE SOLUTIONS;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Covered Sites;
(c) you shall not access the Covered Sites in order to build a similar or competitive service;
(d) copy, reproduce, distribute, republish, download, displayed, poste or transmit in any form or by any means, any part of the Covered Sites, for any commercial purpose, without express written consent of CANPE SOLUTIONS;
(e) use the Covered Sites in any way that causes, or may cause, damage to the Covered Sites or impair the availability or accessibility of the Covered Sites or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(f) conduct any systematic or automated data collection activities on or in relation to the Covered Sites without express written consent of CANPE SOLUTIONS;
(g) use the Covered Sites or any part of it to transmit or send unsolicited commercial communications, or for any other purposes related to marketing, without express written consent of CANPE SOLUTIONS.
User Accounts
5.1 You may need to register an account with us in order to use or access some of the Services on the Covered Sites, as also to generate content on the Covered Sites.
5.2 To be eligible to register an account with us, you must be at least 18 years of age.
5.3 By registering an account with us, or by logging-in using your existing social IDs, including facebook, linkedin, google+ etc. (“User Registration”), the use of which shall be governed by the terms of use and policies associated with such social IDs, you represent and warrant that you are at least 18 years old, that all information you submit is true, accurate and complete and you shall comply with these Terms of Service. You further represent and warrant that: (a) all required registration information you submit is truthful, accurate and complete; and (b) you will maintain the accuracy of such information.
5.4 Your User Registration gives you access to the services you have subscribed to under the applicable service plan(s).
5.5 Your subscription to Services in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by CANPE SOLUTIONS. The content downloaded during subscription period is accessible only till your subscription is active and in good standing.
5.6 You will be solely responsible for maintaining the confidentiality of your User Registration and log-in details, and we will not be responsible for misuse of your User Registration by any third party, whether authorized by you or not. You may never use another user’s account without permission. You are also prohibited from sharing your log-in details and let anyone access your account or do anything that might put your account at risk.
5.7 You are responsible for any activity on the Covered Sites arising out of any failure to keep your User Registration confidential and may be held liable for any losses arising out of such a failure. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
5.8 CANPE SOLUTIONS reserves the right to refuse to offer access to or use of the Covered Sites to any person or entity at their sole discretion including by changing its eligibility criteria at any time.
5.9 CANPE SOLUTIONS may (a) suspend your User Registration; (b) cancel your User Registration, and/or (c) edit your User Registration, at any time in our sole discretion without notice or explanation.
User Content
6.1 The Covered Sites may allow visitors and users to submit to, or use with, the Covered Sites, information and content (“User Content”). Such User Content is neither pre-screened nor verified by CANPE SOLUTIONS. Accordingly, CANPE SOLUTIONS does not claim any liability for any consequence arising out of or in connection with such User Content. While we will do our best to monitor, reject, edit or remove such User Content (as applicable), we neither endorse the opinions expressed in the User Content nor guarantee the completeness, truthfulness, accuracy, or reliability of any of the User Content. You therefore agree to use the User Content for informational purposes only and any reliance placed on the same shall be solely at your own risk.
6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual and fully sub-licensable right to use, reproduce, store, adapt, publish, translate, prepare derivative works from, publicly display, distribute, incorporate into other works, and otherwise use your User Content. You hereby irrevocably waive all your moral rights in your User Content, to the maximum extent permitted by applicable law.
6.3 You hereby represent and warrant that your User Content does not violate User Content Rules (defined in Paragraph 7 below). You hereby agree that CANPE SOLUTIONS has the right but not the obligation to monitor and edit or remove any activity or content. CANPE SOLUTIONS takes no responsibility and assumes no liability for any content posted by you or any third party.
User Content Rules
7.1 You agree that any User Content posted, submitted or in any way made available by you on the Covered Sites shall comply with User Content Rules provided herein.
7.2 You shall not host, display, upload, modify, publish, transmit, update or share any information (in any media or form), whether in the form of an article, comment, query, response, review or otherwise, that, inter alia:
(a) Violate these Terms of Use or any applicable law for the time being in force;
(b) Infringes upon any third party’s intellectual property rights or other proprietary rights including but not limited to copyright, patent, trade mark, database rights and trade secrets;
(c) Is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
(d) Is harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
(e) Harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(f) Includes personal or identifying information about another person without that person’s explicit consent.
(g) Is false, deceptive, misleading, deceitful, or constitute impersonation of any person or entity;
(h) Is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(i) Links directly or indirectly to, make reference to, or describe, goods or services that are prohibited under these Terms of Use or applicable law;
(j) Consist of or contain software viruses that restrict or inhibit any other user from using and enjoying the Covered Sites or the Services offered on them.
7.3 The above is a non-exhaustive list which the users should use as a guide.
7.4 CANPE SOLUTIONS’s rights under these Terms of Use in relation to User Content, does not impose any additional obligation on CANPE SOLUTIONS to monitor the submission / publication of User Content on the Covered Sites.
Subscription
8.1 After the payment of the requisite subscription fee(s) (“license fee”) in the amount(s) indicated on www.CANPE SOLUTIONS.com (“website”), the user will be entitled to use CANPE SOLUTIONS services, a non-exclusive, limited, non- transferable, worldwide license to access and use the CANPE SOLUTIONS services.
8.2 CANPE SOLUTIONS will provide its services commencing on the effective date of subscription services till the term of the Agreement.
8.3 Authorized users are permitted to use CANPE SOLUTIONS services and the subscriber/customer shall not, and shall ensure that its personnel, do not share the passwords or access to use CANPE SOLUTIONS services except to the extent expressly indicated and/or permitted by CANPE SOLUTIONS.
8.4 CANPE SOLUTIONS in its sole discretion may terminate the license in the event of violation of all or any of these conditions, namely: (a) Licensee’s material breach of the Agreement, (b) Non-Payment of License Fee(s), and (c) Any of the breach of the Access and Usage Restrictions of CANPE SOLUTIONS.
8.5 CANPE SOLUTIONS offers free trial services to potential subscribers/customers. While on trial period you are authorized to use one or more of CANPE SOLUTIONS services for a limited period of time, determined from time-to-time by CANPE SOLUTIONS. Trial periods are subject to the same terms and conditions as subscribers/customers.
8.6 In general, the license fee(s) paid for using one or more of CANPE SOLUTIONS services is non-refundable. For further information, please review our Refund/Cancellation policy, to understand our practices. The license fee(s) does not include any applicable taxes or duties that may be imposed and/or subsequently imposed by the taxing authority. These taxes/duties shall be borne exclusively by the Licensee.
Refund / Cancellation Policy
9.1 CANPE SOLUTIONS does not offer refunds or cancellations of payments made for using its services/offerings under any circumstances, nor do we offer to exchange / substitute one service for another once a payment has been made for a particular service / offering. The subscribe / customer may approach the corresponding lender, fintech partner, payment gateway or other relevant stakeholder(s) for refunds/cancellations, should such a need arise.
Payments and Commissions
10.1 The subscriber/customer agrees to pay CANPE SOLUTIONS and/or any of its supplier(s), affiliate(s), content providers and advertisers, payment(s) and commission(s) as required towards using their services/offerings on or through the Covered Sites (whether by CANPE SOLUTIONS, its suppliers, content providers and advertisers).
Solicitation
11.1 You shall not distribute on or through this Web Site any Content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of CANPE SOLUTIONS. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and e-mail address, your own web site’s URL and b) may recommend third-party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
Limitations and Exclusions of Liability
12.1 All information, content, materials, products (including software) and Services included on or otherwise made available to you on or through the Covered Sites are provided on an “as is” without any representations or warranties, and other terms which might otherwise be implied by statute, common law or the law of equity including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
12.2 CANPE SOLUTIONS does not warrant that the information, content, materials, products (including software) or other Services included on or otherwise made available to you on or through the Covered Sites (whether by CANPE SOLUTIONS, its suppliers, content providers and advertisers), CANPE SOLUTIONS’s servers or electronic communications sent by CANPE SOLUTIONS are free of viruses or other harmful components.
12.3 CANPE SOLUTIONS shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for business losses, loss of contracts or business relationships, profits, data, database, software or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failure of the Covered Sites and any materials posted thereon, products (including software) or other Services or otherwise made available to you on or through the Covered Sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12.4 Without prejudice to the generality of the foregoing paragraph, CANPE SOLUTIONS does not warrant or represent:
(a) the completeness or accuracy of the information published on the Covered Sites;
(b) that the material on the Covered Sites is up to date;
(c) that the Covered Sites or any Service on the Covered Sites will remain available.
12.5 You accept that we have an interest in limiting the personal liability of our officers and employees to the extent permitted by law and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Covered Sites or these Terms of Use.
12.6 The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Breach of Terms of Use
13.1 Without prejudice to CANPE SOLUTIONS’s other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including (a) temporarily suspend your access to the Covered Sites, (b) permanently prohibit you from accessing the Covered Sites, (c) blocking computers / devices using your IP address from accessing the Covered Sites, (d) contacting any or all of your internet service providers and request that they block your access to the Covered Sites, (e) commence legal action against you, whether for breach of contract or otherwise; and/or (f) suspend or delete your User Registration.
Governing Law and Dispute Resolution
14.1 These terms and conditions shall be governed by and construed in accordance with the laws of Singapore.
14.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Singapore.
Severability
15.1 If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
16.1 These Terms of Service, together with the Privacy Policy constitute the entire agreement between you and CANPE SOLUTIONS in relation to your use of the Covered Sites, and supersede all previous agreements in respect of your use of the Covered Sites. Please note, however, that other aspects of your use of Services may be governed by additional agreements, including service level agreements and software license agreements (“Individual Service Agreement”). You will agree to terms and conditions of such Individual Service Agreement when you sign up for that particular product, function, or service. An Individual Service Agreement supplements these Terms of Use. If any term of this Agreement expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions in both this Agreement and the Individual Service Agreement will remain in force.
Changes to the Terms of Service
17.1 CANPE SOLUTIONS reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms of Service, in whole or in part, at any time. If we make any substantial changes to these Terms of Service, we may notify you by prominently posting notice of the changes on the Covered Sites. Any changes will be effective upon expiry of thirty (30) calendar days following our posting of notice of the changes on the Covered Sites. These changes will be effective immediately for new users of our Covered Sites. Your continued use of the Covered Sites and/or the Services made available on or through the Covered Sites after any changes to the Terms of Service are posted will be considered acceptance of those changes.
Indemnification
18.1 You agree to indemnify and hold each of CANPE SOLUTIONS, its directors, representatives, employees and contractors, harmless from any claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your use of the Covered Sites and / or any Services therein, the breach of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.
Confidentiality
19.1 Subject to the express permissions of these Terms of Use, you and us will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms of Use, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms of Use and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The term ‘Confidential Information’ shall mean all information disclosed or accessed by you to us or by us to you which is labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms of Use, User Content and User Registration shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms of Use; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Communication
20.1 If you need to give us notice of anything, including infringement of your rights, or any other non-compliance of any User Content with these Terms of Use, or you have any questions on these Terms of Use, please write to us at our registered office address viz., CANPE SOLUTIONS PTE LTD, 90 Punggol Central, 06-21, Singapore 828722. Please remember to include a soft copy to care@icanpe.com
20.2 If we need to give you notice of anything, we shall write to you at the email address you provide to us.