By using and/or accessing https://www.foyr.com (the “Website” or “Foyr”), you conclude a legally binding agreement with us, RBJ Technologies Pte Ltd (“we or “us”), the owner and administrator of the Website.

 

Please read these terms very carefully. By using and accessing this website and any Foyr services, you are indicating that you have read, understood and agree to be bound by this agreement.

 

• The website & the services

1. The Website is owned and managed by RBJ International Pte Ltd (Company Registration No. 201504645Z) of 77A Boat Quay, Singapore 049865, Singapore.  In consideration for the payment of any Fees, Foyr shall provide the Customer with the Services as defined in the Privacy Policy.
2. For the avoidance of doubt, Foyr’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and Foyr, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.
3. Foyr may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.
4. Foyr shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, Foyr shall use its reasonable endeavours to notify the Customer in advance provided that Foyr is able to do so.
5. Access to the Website is open to public but access to Services may be granted to the Customer on a trial basis (“Trial”). The Customer acknowledges and agrees that during the Trial, these Terms and conditions shall apply, as well as the following specific terms:
6. Access to the Services during the Trial will be provided either at no cost to the Customer or at a nominal fee which shall be disclosed to the customer before the trial period begins;
7. Such access is solely for the purpose of offering the Customer a preview demonstration of the functionality and features of the Services;
   • The functionality of the Services during a trial may be limited or restricted; and
   • Foyr may withdraw or suspend the Customer’s access to the Services at any time during the Trial, and at the completion of the Trial continued access to the Website and/or Services will be subject to payment of Fees or charges or require written permission from Foyr.

• Registration

 

1. In order to use the Services, the Customer shall first be required to register with Foyr by completing the online registration form on the Website or the customer has entered into a contractual agreement with Foyr. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup or contractual process.
2. Foyr reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to Foyr. If Foyr has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, Foyr at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
3. At any time upon notice to the Customer, Foyr may require the Customer to execute any further documents to confirm the Customer’s acceptance

 

• Customer obligations

 

1. The Customer shall at all times use the Services and the Website in accordance with these Terms.
2. The Customer shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between Customer and with Foyr , and all other material of any format (“Submissions”):
3. comply with all applicable laws and legislations;
   • do not infringe any intellectual property rights or other proprietary rights of any third party;
   • not reasonably be deemed to:
   • be offensive, illegal, inappropriate or in any way:
   • promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
   • harass or advocate harassment of another person;
   • display pornographic or sexually explicit material;
   • promote any conduct that is abusive, threatening, obscene, defamatory or libelous;
   • promote any illegal activities;
   • provide instructional information about illegal activities, including violating someone else’s privacy or providing or
   • creating computer viruses;
   • promote or contain information that you know or believe to be inaccurate, false or misleading;
   • engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
   • xploit people in a sexual or violent manner;
   • nvade or violate any third party’s right to privacy; and
   • transmit “junk mail”, or “chain letters”, or unsolicited mass mailing, messaging or “spamming”;
   • And the Customer hereby indemnifies Foyr for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Foyr which arise directly or indirectly from a breach by the Customer of this clause III.

 

• Unless otherwise explicitly stated by Foyr , Foyr does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
• Notwithstanding the aforementioned clause III(2)(c)(iv), Foyr reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if Foyr has reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms.
• The Customer shall not:
  • at any time use the Services and/or the Website with the purpose of impersonating another User or person; and
  • use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than for the purposes of procuring benefit out of the Services and/or the Website; and
  • do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network.

Foyr takes breaches of this clause III very seriously and therefore reserve the right to take any action that Foyr deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the Website. In certain circumstances Foyr may choose to instigate legal proceedings as appropriate if there is illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

 

• Termination

1. Customers who directly signed and paid on the website, may terminate their contract by cancelling their subscription on the Website, provided that any Fees already paid by the Customer are non-refundable.
2. Customers who have entered into individual contractual agreement with Foyr may terminate their agreement by giving a prior notice of 30 days, provided that any Fees already paid by the customer are not refundable until otherwise specified in their individual contract.
3. Foyr shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Services:
   • if Foyr’s network providers and suppliers cease providing Foyr with their services; or
   • if Foyr has reason to believe that the Customer has breached any of the provisions of these Terms.
   • Upon termination of the Customer’s Contract in accordance with this clause IV, the Customer may no longer access or use the Services and the Website.

 

• Warranties

 

1. The Customer hereby warrants that (a) the Customer has the right and capacity to enter into and be bound by these Terms; and (b) the Customer shall comply with all applicable laws regarding the Customer’s use of the Services and the Website; and (c) the Customer agrees to abide by the rules and reasonable directions of Foyr relating to the Website as may be provided by Foyr from time-to-time.
2. Foyr relies on other service providers (such as network provider, data centers, telecommunication providers) to make the Services and the Website available to the Customer. Whilst Foyr takes all reasonable steps available to it to provide the Customer with a good level of service, Foyr does not guarantee that such service shall be fault free or uninterrupted at all times. Foyr therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of Foyr’s service providers.
3. Except as expressly set out herein, to the maximum extent permitted by law, Foyr expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
4. Foyr may display or provide links or other interaction with third party websites and third party advertising banners on the Website (“Third Party Websites”). In particular, the Services may also provide the Customer with the opportunity to connect, import and view output and other Customer Information through Third Party Websites and other third party services such as social networking and property portal sites. Use of any such Third Party Websites and services shall be at the risk of the Customer and subject to the terms and conditions of the Third Party Website provider.

 

• Limitation of liability 
• Subject to clauses VI (2) and VI (3), the maximum aggregate liability of Foyr (including its sub-contractors or representatives) under, arising from or in connection with the provision of the Services and/or these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed a sum equivalent to the total Fees received by Foyr for a period of six (6) months preceding the event giving rise to liability.
• To the extent permitted by law, Foyr expressly excludes:
  • all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;
  • any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
  • loss of profit;
  • loss of income or revenue;
  • loss of business or contracts;
  • loss of data;
  • loss of goodwill and reputation;
  • loss of expectation;
  • loss of opportunity; or
  • loss arising out of or in connection with wasted management or office time;

arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Nothing in these Terms shall serve to limit or exclude Foyr’s liability for death or personal injury resulting from Foyr’s negligence or any liability for fraudulent misrepresentation.

 

• Intellectual property rights

 

1. Foyr and its licensors own all rights in the intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website (“Software”). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from Foyr to the Customer any of the Software or Website, and all right, title and interest in and to the Software and the Website will remain exclusively with Foyr and/or Foyr’s licensors. All rights in and to the Software and the Website not expressly granted to the Customer are reserved by Foyr and the relevant third party licensors.
2. The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer; and the Customer may draw the attention of other Users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms.
3. The Customer shall not, and shall procure that Collaborators shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form; (iii) distribute, sub-license, assign, share, timeshare, buy, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the Customer’s right to use the Software or the Website.
4. The Customer warrants that the Customer owns or has the right or license to use the intellectual property rights in the Customer Information, and all information and materials provided by the Customer to Foyr.
5. The Customer hereby indemnifies Foyr against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, and all other information and material provided by the Customer to Foyr .

• Data protection & privacy policy

1. The Customer and Foyr shall comply with the Personal Data Protection Act 2012 and all other successor legislation and regulations in the performance of the obligations set out under these Terms.
2. Foyr processes personal data (as such term is defined in the Personal Data Protection Act 2012) which it collects in the course of providing the services in accordance with its standard Privacy Policy which is accessible on the Website. The link to the Privacy Policy is <https://foyr.com/privacypolicy>.

• General

1. If Foyr fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by Foyr of any of these Terms shall be effective unless it expressly stated to be a waiver and is communicated to the Customer in writing.
2. All notification and communication to Foyr should be sent to the contact details made available to the Customer on the Website.
3. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
4. These Terms represent the entire agreement between the Customer and Foyr in respect of the Customer’s use of the Website and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing.
5. The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms.
6. Foyr reserves the right to modify these Terms at any time. Any changes Foyr may make to this document in the future will be notified and made available to the Customer using the Website.
7. These Terms shall be governed by and construed in accordance with Singapore law and shall be subject to the exclusive jurisdiction of Singapore courts.