PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING ANY CTE LOYALTY SERVICE. THE USE OF ANY CTE LOYALTY SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
Purpose of Agreement
The CTE Loyalty Services are made available to you by WaySystems subject to the following Terms of Service.
WaySystems may also offer other services that are governed by a different Terms of Service.
WaySystems provides the services only to persons who are above 13 years of age. By using the services
you represent that you are 13 years or older.
Description of Service
WaySystems provides users with access to an array of services related to customer loyalty program operations, e.g. transaction tracking, membership information tracking, reward engine, member communication etc.
(the "Service" and "Services"). You may connect to the service using Internet browser, designate terminal or 3rd party system.
You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.
You may create, edit and operate your own customer loyalty program in your Accounts.
You are responsible for the contents of your Account and your committment to your customer.
WaySystems shall not be responsible for deletion, failure to store or unauthorized access to the contents of your Account.
The rules, reward mechanism, communication with your customers etc of the Accounts are created by persons
over whom WaySystems does not exercise any control
and WaySystems does not assume responsibility for the same
Subscription to Beta/Free Service
WaySystems may offer certain services as closed or open beta/free services (the "Beta/Free Service")
for the purpose of testing and evaluation. WaySystems shall have the sole authority and discretion
to determine the period of time for testing and evaluation of the Beta/Free Service.
WaySystems shall be the sole judge of the success of such testing and the decision,
if any, to offer any of the Beta/Free Service as a commercial service.
You will be under no obligation to acquire a subscription to use any commercial service as a result of your
use the Beta/Free Service. WaySystems reserves the right to modify or discontinue,
at any time and from time to time, temporarily or permanently, the Beta/Free Service
(or any part thereof) with or without notice. You agree that WaySystems shall not be liable to you or to any
third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance
of the Beta/Free Service for any reason.
Modification of Terms of Service
WaySystems may modify these Terms of Service upon notice to you at any
time. These modifications may include, without limitation, payment for
the Services. You will be provided notice of any such modification by
electronic mail or by publishing the changes on the website
http://ondemand.cteloyalty.com/termservice.php.
In the event WaySystems modifies these Terms of Service, you may terminate
your use of any or all of the Services. Your continued use of the Service
after notice of any change to the Terms of Service will be deemed to be
your agreement to the amended Terms of Service.
Member Registration Obligations
In consideration of your use of the Services, you agree to:
a) provide true, accurate, current and complete information about yourself as
prompted by the Registration Process; and b) maintain and promptly update your
Registration data to keep it true, accurate, current, and complete. If you provide
any information that is untrue, inaccurate, outdated, or incomplete, or if WaySystems
has reasonable grounds to suspect that such information is untrue, inaccurate, outdated,
or incomplete, WaySystems has the right to terminate your Membership and refuse current or
future use of any or all of the Services.
Personal and Account Information and Privacy
Personal and Account information you provide to WaySystems through the Service is
governed by CTE Loyalty Privacy Policy and applicable
laws related to personal information. Your election to use the Service
indicates your acceptance of the terms of the CTE Loyalty
Privacy Policy. You are responsible for maintaining the confidentiality
of your Account information and other sensitive information. You are responsible
for all activities that occur in your Account and you agree to notify
WaySystems immediately of any unauthorized Account use at
support@cteloyalty.com .
WaySystems is in no way responsible for any loss or damage to you or to
any third party incurred as a result of any unauthorized access and/or
use of your Member Account, or otherwise
Communications from WaySystems
The Service may include certain communications from WaySystems,
such as service announcements, administrative messages and newsletters.
You understand that these communications shall be considered part of using the Services.
As part of our policy to provide you total privacy, we also provide you the option of opting
out from receiving mails from us. However, this may prevent us from providing effective service to you.
Fees and Payments
WaySystems reserves the right at any time to charge or modify fees for access to portions or whole
of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay
such charges is obtained. Thus, if at any time WaySystems requires a fee for any of the Services,
you will be given reasonable advance notice of such fees and the opportunity to cancel
your account before such charges are imposed. If you elect not to pay any fees charged by WaySystems,
WaySystems shall have the right to cease providing the Service to you.
Restriction of use
In addition to all other terms and conditions of this Agreement, you shall not:
(i) transfer or otherwise make available to any third party the services;
(ii) provide any service based on the services;
(iii) use the third party links to sites without agreeing to their website terms & conditions;
(iv) post any third party link sites including their logo, company name, etc. without their prior
written permission; or (v) use the services for spamming and illegal purposes.
Spamming and illegal activities
You agree to be solely responsible for the contents of your transmissions through the Services.
You agree not to use the services for illegal purposes or for the transmission of material that is unlawful,
harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property
or other rights of another. You agree not to use the service for the transmission of "junk mail", "spam",
"chain letters", or unsolicited mass distribution of email. WaySystems reserves the right to terminate
the services if WaySystems believes that you have used the services for any illegal or unauthorized activities.
Trademark
WaySystems, WaySystems logo, CTE Loyalty, CTE Loyalty logo, the names of different CTE Loyalty Services and their logos
are trademarks of WaySystems. Inc. You agree not to display or use, in any manner, the WaySystems trademarks,
without WaySystems' s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS.
WaySystems EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WaySystems MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE.
USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE,
WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM WaySystems,
ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WaySystems BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY
YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WaySystems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WaySystems RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE
SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if
your state does not permit such exclusion or limitation of liability.
Indemnification
You agree to indemnify and hold harmless WaySystems, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Services.
Arbitration
Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Singapore Arbitration Center.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable.
The arbitration shall be conducted in Singapore and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Notwithstanding anything to the contrary, WaySystems may at any time seek injunctions
or other forms of equitable relief from any court of competent jurisdiction.
Termination
You agree that WaySystems may terminate your Member Account and access to the Services for reasons including,
but not be limited to, breaches or violations of these Terms of Service or the CTE Loyalty Privacy Policy,
a request by you to terminate your Account, discontinuance or material modification to the Services,
unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government
agencies. Termination of your WaySystems Account includes elimination of access to the Service,
deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account
as permitted or required by law.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement,
please contact us at legal@waysystems.com.sg