Terms of Service

Effective 6 October 2020

Introduction #

Welcome to BPA! We are excited to have you here however before you start using BPA, we do need you to look through and accept these terms. We have done our best to explain it all without using too much technical and jargon, so it is clear what we expect from you and what you can expect from us. 

These are the legal rights and obligations, so please read up. If you cannot agree to our terms, then you might want to reconsider using our services.

If you still have questions or comments after you have read these terms, please go to Contact Us to get in touch. We would love to help you out.

Joining and using BPA Platform #

The Terms of Use agreement contains important information governing your use of BPA website and its product; please read it carefully in its entirety. We also encourage you to review our Privacy Policy.

By using BPA website and application, you implicitly agree to be bound by the terms and conditions set forth.

If you do not wish to be bound by the terms of use, please exit the website now.

BPA or its assignees may amend the terms of use from time to time by updating this page; a link to this page will appear on most website pages and applications. Your continued use of the website and application will indicate your acceptance of the revised terms of use.

You and BPA: When we say you or your, we mean both you and any entity or firm or building you are authorized to represent. When we say BPA, we, our or us, we are talking about the BPA entity you contract with and pay fees to based on the BPA product you’re using.

Our Services: Our services consist of all the services we provide now or in the future, including our online and mobile products.

Creating a Subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you are the subscriber, you’re responsible for paying for your subscription.

People invited to use BPA: An invited user is a person other than the subscriber who has been invited to use our services through a subscription. If you are the invited user, you must also accept the terms to use our services.

User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you are granting to invited users. If you would like to read more about user roles and levels of access, check out this information. The user rights and access depend on your invitation and the respective plans the invited user signs up for.

Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. It is serious business! For example:

·        You can transfer subscription
·        You control access to a subscription
·        You are responsible for resolving any disputes with invited users over access to your subscription
·        You are responsible for all your invited users’ activity.

Rules: Whatever your role when you use BPA you agree to follow the rules outlined below. Please read them and make sure you understand what you should and should not do. 

Your responsibilities: You promise that you will keep your information up to date. You are responsible for providing true, accurate and complete information and for verifying the accuracy of any information you use from our services for your legal compliance obligations. You are also responsible for protecting your username and password from getting stolen or misused. 

When we introduce new or revised services: Since we are always thinking about how to make BPA the best it can be – we continually expand our services. For new or updated services, there might be additional terms. We will let you know what those terms are before you start using those services. 

What we own: We own everything we have put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify, or make derivative works of any of our content or use of any of our intellectual property rights in any way not expressly permitted by us.

Pricing #

Trial subscription: When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using our services after the trial, you will be billed when you add your billing details into our services. If you choose not to continue using our services following a trial, you may delete your account. 

BPA Pricing Plans: Your use of our services generally requires you to pay monthly or annually subscription fee based on your subscription type and fees. The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. As with any other changes to our terms, changes to the pricing plan will not apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know. Depending on your region, subscription fees may be inclusive or exclusive of transactional taxes where relevant, as reflected in the pricing plan. 

Taxes for your use of our services: You are responsible for paying all other external fees and taxes associated with your use of our services wherever levied. We may collect your geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes. 

Importance of timely payment: To continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delay or missed payments, please make sure we have accurate payment information. If we do not receive timely payments, we may suspend access to your subscription until payment is made.

Data use and privacy #

Use of data: When you enter or upload your data into our services, we do not own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscriptions; and send you information we think may be of interest to you based on your marketing preferences. 

Use of your personal data: We respect your privacy and take data protection seriously. In addition to these terms, our Privacy Notice sets out in detail how we process your own personal data that you enter BPA. This may include personal data of others that you may input during the use of our products and services. 

Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. 

Data breach notification: Where we think there has been unauthorized access to personal data inside your subscription, we will let you know and give you information about what has happened. Depending on the nature of unauthorized access, and the location of your affected contacts, you may be required to assess whether the unauthorized access must be reported to the contact and/ or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.

Confidential Information #

Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect other party’s confidential information from being accessed by unauthorized individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security #

Security safeguard: We are invested in technical, physical, and administrative safeguards to do our part to help keep your data safe and secure. While we have taken steps to help protect your data, no method of electronic storage is completely secure, and we cannot guarantee absolute security. We will notify you if there appears to be unauthorized access to your account and we may also restrict access to certain parts of our services until you verify that access by an authorized user. 

Account security features: We may introduce security features to make your account more secure. Depending on where you are in the world or what services you are using, we may require you to adopt one of these features. Where we make use of security features optional, you are responsible for any consequences of not using those features. We strongly encourage you to use all optional security features

Maintenance, downtime and recovery #

Availability: We strive to maintain the availability of our services. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we will attempt to notify you in advance but can’t guarantee it.  

Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. 

Data loss: Data loss is unavoidable risk when using any technology. You are responsible for maintaining copies of your data entered into our services. 

No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.  

Problems and support: If you have a problem, we have more information through BPA Hub that should help you with most situations. If you have tried BPA Hub and still need help, you can contact us for more information.

Modifications: We frequently release new updates, modifications, and enhancements to our services, and in some cases discontinue features. Where this occurs, we will endeavour to notify you where practical.

Do’s and Don’ts #

Feedback: We love your feedback and may use it without restrictions.

Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful purposes and in line with instructions and guidance we provide.

Discussions on BPA Hub: On BPA Hub, you can participate in discussions about our services. Only share private information if you are happy for others to know it, and don’t post anything you don’t have the right to share.

No-charge or beta services: Occasionally we may offer a service at no-charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.

Here are some of the things to keep in mind that you must not ever do:

  • Undermine the security or integrity of our computing systems or networks
  • Use our services in any way that might impair functionality or interfere with other people’s use.
  • Access any system without permission
  • Introduction or upload anything to our services that includes viruses or other malicious code.
  • Share anything that may be offensive, violates any law, or infringes on the rights of others. 
  • Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract source code of any part of our services.
  • Resell, lease, or provide our services in any way not expressly permitted through our services.
  • Repackage, resell or sublicense any leads or data accessed through our services.
  • Commit fraud or other illegal acts through our services
  • Act in a manner that is abusive or disrespectful to BPA employee, partner, or other BPA customer. We will not tolerate any abuse or bullying in any situation and that includes interaction with our teams. 

Termination #

Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You will still need to pay all relevant subscription fees up to and including the day of termination.

Termination by BPA: BPA may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. BPA may also terminate or suspend your subscription or access to all and any data immediately if:

  • You breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach, 
  • You breach any of these terms and the breach cannot be remedied,
  • You fail to pay subscription fees, or 
  • You or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or becomes subject to any similar insolvency event in your jurisdiction.  

No refunds: No refund is due to you if you terminate your subscription or BPA terminates it in accordance with these terms.

Retention of your data: Once a subscription is terminated by you or us, it is archived, and the data submitted or created by you is no longer available to you. We retain it for a period according to our data protection policy during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

Liability and indemnity #

You indemnify us: You indemnify us against all losses, costs, expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

Disclaimer of warranties: Our services and all third-party products are made available to you on an ‘as-is’ basis, Subject to the consumer law terms of your jurisdiction, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

Limitation of liability: Other than liability that we cannot exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort or otherwise, is limited as follows:

  • We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or regulatory compliance issues, damage to reputation, loss in connection with any contract, or indirect, consequential, incidental, punitive, exemplary, or special loss, damage or expense.
  • For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
  • Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Disputes #

Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through mediation, binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Important housekeeping #

No professional advice: Just to be clear, BPA is not a professional service firm of any sort and is not in the business of giving any kind of professional advice. We may provide you with information that we think might be useful in running your business but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way. 

Events outside our control: We do our best to control the controllable. We are not liable to you for your failure or delay in performance of any of our obligations under these terms arising out of any event or circumstances beyond our reasonable control. 

Notices: Any notice you send to BPA must be sent to support@bpa.sg. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.

Consumer laws: In some places, there may be non-excluded warranties, guarantees, or other rights provided by law (non-excludable consumer practices). They still apply – these terms do not exclude, restrict, or modify them. Except for non-excludable consumer guarantees and other rights, you have that we cannot exclude, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).

Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.

Relationship between parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You are solely responsible for resolving disputes between you and any subscriber or invited user. BPA may assign these terms – or any of our rights or obligations in these terms – to another BPA entity as it deems appropriate. BPA entities are the companies controlled by or under common control with Wolin Ventures Pte Ltd (a Singapore company with registration number 201934938M)

Changes to these terms: We sometimes will decide to change these terms of use. But do not worry, changes will not apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date of last updated at the top of these terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons, we do not have control over. When we notify you, we will do it by email or by posting a visible notice through our services. If a change is not material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to BPA.

Enforcement of terms: If there is any part of these terms that either one of us is unable to enforce, we will ignore that part but everything else will remain enforceable.

Congratulations! You have made it to the end. Thanks for reading our terms!

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