QU:ANION PTE LTD.

Effective March, 1st 2022

These Terms and Conditions of Use (the “Terms of Use”) apply to the Qu:anion web website located at www.quanion.global, and all associated websites linked to www.quanion.global by Qu:anion, its subsidiaries and affiliates, including Qu:anion websites around the world (collectively, the ”website“). The website is the property of QU:ANION PTE LTD. (”Qu:anion“) and its Licensors. The webportal is also part of the website. You may contact us at any time via email at: info@quanion.global BY USING THE WEBSITE; YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE; DO NOT USE THE WEBSITE.

Qu:anion reserves all rights, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the website following the posting of changes will implicate and mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Qu:anion grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website. 

You fully agree that all content on the website, products, licenses and services in other jurisdictions may be subject to different conditions and that Qu:anion LTD. is under no obligation to adapt or modify its products, licenses and services on a country-by-country basis. You hereby agree to all content of the website, products, licenses and services, regardless of whether different terms are in force in your home country.

Content

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, videos, artwork and computer code (collectively ”Content“), including but not limited to the design, structure, selection, coordination, expression and arrangement of any Content, contained on the website is owned, controlled and licensed by or to Qu:anion and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

Except as expressly provided in these Terms of Use, 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 enterprise, without Qu:anions express prior written consent.

You may use information on Qu:anion products and services (such as videos, knowledge base articles, and similar materials) purposely made available by Qu:anion for downloading from the website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. 

Use of the website

You may not use any “deep link”, “page scrape”, “robot”, “spider” or other automatic device, program, algorithm or method or similar or equivalent manual process to access, download, modify, copy or monitor any part of the website, any content or our trading Software or in any way reproduce or circumvent the navigation structure or presentation of the website or any content,  Load, modify, copy or monitor any document or information in any way, whether intentional or unintentional. This applies to all the aforementioned data provided via the website. Qu:anion reserves the right to prevent such activities.

You must not attempt to gain unauthorized access to any part or function of the website or any other system or network, or trading Software connected to the website or any Qu:anion server or any of the services offered on or through the website, by hacking, password “mining” or other illegitimate means.

You may not investigate, scan or test the vulnerability of the website or any network connected to the website or violate the security or authentication measures on the website or any network connected to the website.

You may not trace, track or attempt to trace any information about any other user or visitor to the website or any other customer of Qu:anion, including a Qu:anion account that does not belong to you, to its source, or the website or any service or information provided or offered by or through the website; to be used, in any way where the purpose is to disclose information, including but not limited to personal identification or information, other than your own information, as intended on the website.

You agree that you will not take any action that places an unreasonable or disproportionately large load on the infrastructure of the website or Qu:anion’s systems or networks or any system or network connected to Qu:anion.

You agree not to use any device, Software or routine to interfere with or attempt to interfere with the proper functioning of the website or any transaction made on the website or any other person’s use of the website.

You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmission you send to Qu:anion on or through the website or any service offered on or through the website. You may not pretend to be or represent anyone else or impersonate any other person or entity.

You may not use the website or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of illegal activities or other activities that violate the rights of Qu:anion or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to the purchase of products, licenses or services and to certain parts or features of the website, including contests, promotions or other similar features, all of which become part of these Terms of Use through such reference. You agree to abide by these other terms. You also acknowledge that you are of legal age to use or participate in this website licenses, goods and services.

In the event of any conflict between these Terms of Use and the terms published or applicable to a particular part of the website or to any license or service offered on or through the website, the latter terms will apply in relation to your use of that part of the website or the specific license or service.

Qu:anion’s obligations, if any, with respect to its products, licenses and services are governed solely by the agreements under which they are provided and nothing on this website should be construed as modifying such agreements.

Qu:anion may, at any time and without prior notice, make changes to the products, licenses or services offered on the website or to the applicable prices for such products, licenses or services. The components on the website relating to products, licenses and services may be out of date, and Qu:anion makes no commitment to update the components on the website in relation to such products and services.

The following terms govern and apply to your use of the website and are incorporated herein by this reference:

  • Guidelines for the use of Qu:anion trademarks and copyrights
  • Rights & Permissions
  • Trademarks
  • Claims of Copyright Infringement
  • Piracy
  • Counterfeit products
  • Qu:anion’s Unsolicited Submission of Ideas Policy
  • Software License Information
  • Legal contacts

Each of these policies may be amended from time to time and will be effective immediately upon posting such changes on the website.

Accounts, passwords and security

Certain features or services, in particular the use of Software licenses offered on or through the website, may require the opening of an account (including the creation of a Qu:anion ID and password). You are fully responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any activity that takes place under your account because you do not keep that information secure and confidential. You agree to notify Qu:anion immediately of any unauthorized use of your account or password or any other breach of security.You may be held liable for any losses incurred by Qu:anion or any other user or visitor to the website as a result of someone else using your Qu:anion ID, password or account because you do not keep your account information secure and confidential. You may not use another person’s Qu:anion ID, password, or account at any time without the explicit permission and consent of the owner of that Qu:anion ID, password, or account. Qu:anion cannot and will not be held liable for any loss or damage resulting from non-compliance with these obligations.

Privacy

Qu:anion’s Privacy Policy applies to the use of this website, as well as the web portal, and its terms and conditions become part of these Terms of Use by this reference. To view Qu:anion’s Privacy Policy, click here. In addition, 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 a specific indication that a particular transmission (e.g. credit card information) is encrypted.

Links to other websites and to the Qu:anion website

This website may contain links to other independent third party websites (“linked websites”). These linked websites are provided solely as a convenience to our visitors. Such linked websites are not under the control of Qu:anion, and Qu:anion is not responsible for and does not endorse the content of such linked websites, including the information or materials contained on such linked websites. You must make your own independent judgment about your interaction with these linked websites.

By using the services, you acknowledge and agree that Qu:anion is not responsible for reviewing or evaluating the content, accuracy, completeness, timeliness, validity, compliance with copyright, legality, decency, quality, or other aspects of such third-party websites. Qu:anion, its officers, affiliates and subsidiaries make no warranty or endorsement and assume no liability or responsibility to you or any other person for any third party services or websites or for any other third party products or services. Links to other websites are provided to you solely as a convenience.

Disclaimers

QU:ANION DOES NOT PROMISE THAT THE WEBSITE, WEB PORTAL OR CONTENT, SERVICES OR FUNCTIONS OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE WEBSITE WILL PRODUCE CERTAIN RESULTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. QU:ANION CANNOT GUARANTEE THAT FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE ARE FREE OF VIRUSES OR IMPURITIES OR DESTRUCTIVE FEATURES. QU:ANION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QU:ANION DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR THE QU:ANION SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ALL LINKED WEBSITES. YOUR SOLE REMEDY AGAINST QU:ANION FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO STOP USING THE WEBSITE OR SUCH CONTENT. THIS LIMITATION OF DISCHARGE IS PART OF THE AGREEMENT BETWEEN THE PARTIES.

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

Qu:anion reserves the right, at any time and without notice, to: (1) modify, suspend or terminate the operation or access to the website or any part of the website for any reason; (2) modify or modify the website or any part of the website and any applicable policies or conditions; and (3) interrupt the operation of the website or any part of the website to the extent necessary to perform routine or non-routine maintenance, error corrections, or other changes.

Limitation

Except as prohibited by law, in no event shall Qu:anion be liable to you for any indirect, exemplary, incidental, consequential, or punitive damages, including lost profits, even if Qu:anion has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Qu:anion is held liable to you for any damage or loss arising out of or in any way related to your use of the website or any content, qu:anion’s liability shall in no event exceed the greater value of: (1) the sum of the royalties or similar fees relating to any license, service or feature of or on the website that is paid in the six months prior to the date of the first claim against Qu:anion (but excluding the purchase price for Qu:anion products and goods) or (2) 100.00 US-Dollar. Some jurisdictions do not allow limitations of liability, so the above limitation may not apply to you.

Compensation

You agree to indemnify and hold harmless Qu:anion, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates from and against all claims, losses, liabilities, claims or expenses (including attorneys’ fees) incurred by third parties against Qu:anion arising out of or in connection with your use of the website.

Violation of these Terms of Use

Qu:anion may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint regarding your use of the website, or to identify, contact, or take legal action against anyone who has the rights or property of Qu: anion (intentionally or unintentionally) injured or impaired,  or the rights or property of visitors or users of the website, including Qu:anion’s customers. Qu:anion reserves the right at all times to disclose any information that Qu:anion deems necessary to comply with any applicable law, regulation, legal process or governmental request. Qu:anion may also disclose your information if Qu:anion determines that applicable law requires or permits such disclosure, including sharing information with other companies and organizations to protect against fraud.

You acknowledge and agree that Qu:anion may retain any transmission or communication from you to Qu:anion through the website or any service offered on or through the website, and may also disclose such information if required to do so by law or if Qu:anion determines that such retention or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms of Use, (3) respond to claims that such information infringes the rights of others, or (4) protect the rights, property, or personal safety of Qu:anion, its employees, users, or visitors to the website, and the public.

You agree that Qu:anion may, in its sole discretion and without prior notice, terminate your access to the website and/or suspend your future access to the website if we determine that you have violated these Terms of Use or any other agreements or policies that may be associated with your use of the website. You further agree that any breach by you of these Terms of Use constitutes an unlawful and unfair business practice and causes Qu:anion irreparable damage for which financial damage would be insufficient, and you agree that Qu:anion may obtain an injunction or reasonable remedy that Qu:anion deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies qu:anion has under the law or equity.

You agree that Qu:anion may, in its sole discretion and without prior notice, terminate your access to the website for good cause that includes (but is not limited to) (1) requests from law enforcement or other government agencies, (2) a request from you (self-initiated account deletions), (3) discontinuation or material modification of the website or any service offered on or through the website, or (4) due to unexpected technical problems.

If Qu:anion takes legal action against you for breach of these Terms of Use, Qu:anion shall be entitled to recover from you all reasonable attorneys’ fees and costs of such action in addition to any other remedies granted to Qu:anion, and you agree to pay them. You agree that Qu:anion shall not be liable to you or any third party for any termination of your access to the website as a result of any breach of these Terms of Use.

Governing Law; Dispute settlement

You agree that all matters relating to your access to or use of the website, including any dispute, shall be governed by the laws of the Republic of Singapore, without regard to its conflict of law rules. You consent to the personal jurisdiction and venue of the Republic of Singapore and waive any objection to any such jurisdiction or venue. The above provision on the place of jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you can make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year of the cause of action arose, or such a claim or cause of action is excluded.Claims asserted in accordance with the separate terms and conditions of purchase for deliveries and services are not subject to this restriction. No reimbursement can be requested or received for damages other than expenses, except that the prevailing party is entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Qu:anion and you arising out of or in connection with your use of the website, the parties will promptly and in good faith attempt to resolve such disputes. If we are unable to resolve such a dispute within a reasonable time (no more than thirty (30) days), either party may subject such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, the parties are free to pursue any rights or remedies available to them under applicable law.

Invalid where prohibited

QU:ANION MANAGES AND OPERATES THE HTTPS://WWW.QUANION.GLOBAL WEBSITE FROM ITS LOCATION IN SINGAPORE; OTHER QU:ANION WEBSITES MAY BE MANAGED AND OPERATED FROM VARIOUS LOCATIONS OUTSIDE THE REPUBLIK OF SINGAPORE. ALTHOUGH THE WEBSITE IS ACCESSIBLE WORLDWIDE, NOT ALL FEATURES, LICENSES, PRODUCTS OR SERVICES DISCUSSED, REFERENCED, PROVIDED OR OFFERED THROUGH OR ON THE WEBSITE ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS OR ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE REPUBLIC OF SINGAPORE. QU:ANION RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO LIMIT THE PROVISION AND QUANTITY OF FEATURES, LICENCES, PRODUCTS OR SERVICES TO PERSONS OR GEOGRAPHIC AREAS. ANY OFFER FOR FEATURES, LICENCES, PRODUCTS OR SERVICES ON THE WEBSITE IS VOID IF PROHIBITED. IF YOU ACCESS THE WEBSITE FROM OUTSIDE THE REPUBLIC OF SINGAPORE, YOU DO SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. 

QU:ANION MAY EXCLUDE USERS FROM CERTAIN GEOGRAPHICAL LOCATIONS OR WITH ORIGIN FROM CERTAIN GEOGRAPHICAL LOCATIONS FROM THE USE OF THIS WEBSITE IN ORDER TO COMPLY WITH LEGAL REQUIREMENTS, INCLUDING FOR THE PREVENTION OF MONEY LAUNDERING. QU:ANION MAY ALSO RESTRICT CERTAIN FEATURES, LICENSES, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE TO USERS FROM CERTAIN GEOGRAPHIC LOCATIONS.

Miscellaneous

You may not use, export or re-export any content or copies or adaptations of such content or products, licenses or services offered on the site in violation of any applicable laws or regulations, including but not limited to export laws and regulations of the Republic of Singapore.

If any provision of these Terms of Use is held to be void or unenforceable by a court or other court of competent jurisdiction, such provisions shall be limited to the minimum necessary or superseded and replaced by a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use remain in full force and effect. These Terms of Use constitute the entire agreement between you and Qu:anion with respect to your use of the Site, and any other written or oral agreements or understandings previously between you and Qu:anion with respect to such use are hereby superseded and superseded. Qu:anion does not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Qu:anion’s failure to insist on or enforce strict compliance with these Terms of Use shall not be construed as a waiver by Qu:anion of any provision or right to enforce these Terms of Use, nor shall any conduct between Qu:anion and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be construed or construed as conferring rights or remedies on any third party.

Qu:anion provides access to Qu:anion’s international data and may therefore contain references or cross-references to Qu:anion products, licenses, Software programs and services that are not advertised in your country. Such reference does not imply that Qu:anion intends to announce such products, licenses, Software programs or services in your country.

Feedback and information

Any feedback you provide on this website will be considered non-confidential. Qu:anion is free to use this information without restriction.

The information contained on this website is subject to change without notice.

Copyright © 2022 QU:ANION PTE LTD. All rights reserved.

Qu:anion PTE LTD. 1 North Bridge Rd #B1-35 High Street Center 179094 Singapore