Terms of Use

These Terms of Use are current as of 14 March 2016

The Website (defined below) and the Service (defined below), are operated by Televisory Global Pte. Ltd. ("Televisory"), and are provided to you, under the following terms and conditions of use ("Terms of Use"). By clicking the "CREATE ACCOUNT" button, you are indicating your agreement to be bound by all terms and conditions of these Terms of Use. If you do not accept all the terms and conditions of these Terms of Use, do not click on the "CREATE ACCOUNT" button.

1.

Definitions

In these Terms of Use, the following terms have the meanings described below:

  1. "Basic Benchmark Service" means the service provided by Televisory that includes providing quarterly reports, choice of a company for the purpose of setting a global benchmark, providing microeconomic data, and any other feature or service as may be specified on the Website as being part of the "Basic Benchmark Service".
  2. "Data Digitization Service" means the service provided by Televisory that includes providing you with a digital version, suitable for upload as Submitted Data by a Data Provider User, of operational and/or financial information.
  3. "Data Provider" User means a User who has elected to provide Submitted Data through the Website and/or Service for the purpose of using either the Basic Benchmark Service or the Premium Benchmark Service.
  4. "New Services" includes any new products, applications, programmes services, functions and/or features to the Service and/or Website.
  5. "Non-Data Provider User" means a User who has access to the Website in any context other than as a Data Provider User. "Non-Data Provider Users" includes users who have access to the Website in connection with the conduct of website advertising or who have access to the Website due to an agreement between Televisory and their employer, bank or client. A single individual may be both a Non-Data Provider User and a Data Provider User at different times, but in respect of each access to the Website their status depends on the credentials used.
  6. "Premium Benchmark Service" means the service provided by Televisory to you that includes providing quarterly reports, choice of a company for the purpose of setting a global benchmark, providing microeconomic data, providing a peer comparison report, allowing for a choice of different benchmark criteria, and any other feature or service as may be specified on the Website as being part of the "Premium Benchmark Service".
  7. "Service" means all services, information and functions made available to you by Televisory through the Website, including New Services; "Service" does not include any services which are provided by third parties.
  8. "Submitted Data" means any operational and/or financial information, text, diagrams and/or other materials submitted by Users or by Televisory through the Website or Service.
  9. "Televisory Report" means the report generated, in PDF format, through the use of the either the Basic Benchmark Service or Premium Benchmark Service.
  10. "User or "You means such party who accesses or uses this Website by Televisory, including both Data Provider Users and Non-Data Provider Users.
  11. "Website" means the website available at http://televisory.com.
2.

Anonymity and Data Protection

  1. All information and/or particulars sent or submitted by you through the Website will be used by Televisory in accordance with our Anonymisation and Data Protection Policy.
3.

Use of Service

  1. You agree to comply with all guidelines and notices pertaining to the use of this Website issued by Televisory, from time to time. Televisory reserves the right to revise these Terms of Use at any time, and all users of this Website are deemed to be aware of and bound by any changes to these Terms of Use upon publication on this Website.
  2. You must also: (i) abide by all applicable laws and regulations in your use of the Website and the Service; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or other harmful components; (iv) not post, promote or transmit through the Website and/or the Service any unlawful, harassing, libellous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (v) not disclose any information in breach of confidence to Televisory, or include any such information in any Submitted Data.
4.

Reservation of rights

  1. Suspension or variation of the Service/Website. Televisory may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Website and/or the Service and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the Website and/or the Service or any part or feature thereof. The information and/or any other material contained in the Website or provided through the Service may be modified, deleted or replaced from time to time and at any time in the absolute discretion of Televisory.
  2. We reserve the right, but shall not be obliged to:
    1. Monitor, screen, or otherwise control any activity, content or material on the Website or provided thorough the Service. We may investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
    2. Remove, block, reject or relocate any Submitted Data appearing on the Website or made available through the Service,
    3. Prevent or restrict access of any User to the Website or Service; and/or
    4. Report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
5.

Additional Terms and New Services

  1. In addition to these Terms of Use, the use of specific aspects of the Service, more comprehensive or updated versions of the Service and/or any services offered by Televisory and our designated sub-contractors or affiliates, may be subject to additional terms and conditions ("Additional Terms"), which will apply in full force and effect.
  2. Televisory reserves the right (but shall not be obliged) to introduce New Services to the Service and/or Website. The term "Service" shall include New Services which are provided at no charge or fee unless otherwise indicated.
  3. All New Services shall be governed by these Terms of Use and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Services are provided. In the event of any inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the service, product and/or programme in question unless otherwise provided.
6.

Telecode and Password

  1. Certain transactions may be performed on the Website and/or through the Service only if you have been provided by Televisory with a user account and accompanying login identification name(s) or number(s) ("Telecode") and personal identification number(s), password(s), symbol(s) or code(s) ("Password"). If you are a Data Provider User, Televisory's promise of anonymity as described in the Anonymisation and Data Protection Policy applies, and it is recommended that you maintain anonymity by not providing a name or company name as your Telecode.
  2. Televisory may at any time in its absolute discretion forthwith invalidate your user account and any Telecode and/or the Password issued to you without assigning any reason therefor without prior notice and shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of or in connection with or by reason of such invalidation.
  3. You shall not at any time disclose any Telecode or Password to any other party and you shall be responsible and liable for any disclosure or use (whether such use is authorised or not) of the Telecode and Password issued to you. Televisory shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by you or any person by reason of or arising from or as a consequence of using your assigned user account or Telecode and Password and/or in respect of any instructions, operations or transactions (including monetary transactions if any) effected by you or purported to be effected by you using the Service.
  4. Without prejudice to the promise of anonymity as contained in the Anonymisation and Data Protection Policy if applicable:
    1. any use of or access to the Service and/or the Website and any information, data, instructions or communications referable to your Telecode and Password shall be deemed to be (a) use or access of the Website and/or the Service by you and/or (b) information, data, instructions or communications transmitted and validly issued by you; and
    2. you shall be bound by any access, use, instructions and/or communications referable to your user account, Telecode and Password and you agree that Televisory shall be entitled to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
7.

Fees and payments

  1. Data Provider Users
    1. Except as specified in these Terms of Use, Televisory does not impose any fees or charges on Data Provider Users for the use of the Basic Benchmark Service through the Website and/or Service.
    2. Televisory imposes a fee of US$1000 per annum on Data Provider Users for the optional use of the Premium Benchmark Service through the Website and/or Service.
    3. Televisory imposes an additional fee of US$200 per annum on Data Provider Users for use of the Data Digitization Service in addition to either the Basic Benchmark Service or Premium Benchmark Service.
    4. The Anonymisation and Data Protection Policy applies in respect of all payment mechanisms for collection of payments from Data Provider Users.
  2. Non-Data Provider Users
  3. Where applicable, please refer to the separate agreement between Televisory and your bank, employer or client in relation to fees and payments required.
    If you are not a Data Provider User as defined in these Terms of Use and wish to use any Service, please contact us at: Televisory Global Pte. Ltd.
    Email address : support@televisory.com
    Address : 46 Kim Yam Road #04-23, The Herencia, Singapore (239351)
    Telephone No.: +65 6702 2172

8.

Advertising

  1. We may attach banners, java applets and/or such other materials to the Website and/or the Service, for the purposes of advertising products and/or services we provide, our affiliates provide, or which selected third parties provide.
9.

Disclaimer

  1. Content and applications from various sources, including third party content providers, may be included at the Website and/or provided through the Service. Neither Televisory nor any of its content providers shall be liable for any errors or delays in the content furnished at the Website or through the Service, or for any actions taken in reliance thereon. Televisory is under no obligation to monitor or review discussions, messages, blogs, chats, postings, transmissions, bulletin boards, and the like on the Website or accessible through the Service, and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in any applications or content within such locations. Any hyperlink to any other website or webpage is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.
10.

No Warranty

  1. The Website and the Service and all information, materials, services and functions contained therein including, software, programs, data, databases, text, graphics, photographs, animations, audio, music, video, links or other materials, are provided "as is" and "as available". NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE APPLICATION, SERVICE, WEBSITE, OR ANY INFORMATION AND MATERIALS PROVIDED AT THE WEBSITE OR THROUGH THE SERVICE. Without prejudice to the generality of the foregoing, Televisory does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the information, materials, services and/or functions provided at or contained in the Website and/or the Service; (ii) that your use of and/or access to the Website, the Service or any information or any materials on the Website or the Service as a whole, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the Website, Service or any information or materials provided in the Website or Service will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the materials displayed on the Website and/or the Service by you will not infringe rights of third parties.
  2. You acknowledge and agree that Televisory does not warrant the accuracy of any information transmitted by or to you using the Website or Service and you hereby accept the risk that the Website or Service may be accessed and used by unauthorized third parties to transmit inaccurate or unreliable information and that any information transmitted or received using the Website or Service may therefore be inaccurate.
  3. You will not hold Televisory or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such unauthorized access or disclosure.
11.

Submitted Data

  1. Televisory neither endorses nor assumes any responsibility for the contents of your transmissions or communications through the Website and/or Service and you are solely responsible therefor.
  2. You warrant and represent that you have the right and authority to submit your Submitted Data and that your Submitted Data does not infringe the intellectual property rights or any other rights of any third party. You also warrant and represent that you have the right and authority to submit, as part of your Submitted Data, any confidential information which may be contained in the Submitted Data. You hereby grant (and/or (if applicable) warrant that you have procured from all relevant third parties the right to grant) to Televisory a non-exclusive, world-wide royalty-free, irrevocable licence and right to collect, use, disclose, host, transmit, exploit and distribute (which will include without limitation, the right to copy, reproduce and/or publish) your Submitted Data in connection with the provision of the Service to you and for the purposes you have instructed or requested, and in connection with the provision of the Website and/or Services to all other Users (including both Data Provider Users and Non-Data Provider Users). You warrant that Televisory's use of your Submitted Data in this manner does not cause you or your employer or client to breach any duty of confidentiality, secrecy, fiduciary duty, contractual obligation, or any applicable laws or other legal requirements.
  3. You hereby agree that Televisory has no obligation to remove from its internal records any Submitted Data that has been transmitted or communicated through the Website and/or Service, even if the relevant Data Provider User requests such removal.
12.

Limitation of Liability

  1. Televisory's liability to a Data Provider User who has actually paid for the Data Digitization Service or the Premium Benchmark Service shall be limited to the amount actually paid by such Data Provider User for such services in the 12 months preceding the relevant cause of action, but in any event Televisory shall have no liability for any indirect, special or consequential damages, or economic loss. For the avoidance of doubt, the disclaimers in Clauses 9 and 10 continue to apply to each Data Provider User.
  2. Except as specified in Clause 12.1, Televisory shall in no event nor for any reason whatsoever be liable, even if Televisory has been advised of the possibility of such damages, losses or expenses, for any damages, losses or expenses, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use the Service or Website; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage linked to the Website or provided through the Service; and/or (iv) any services, products, information, data, software or other material obtained or downloaded from the Website or the Service or from any other website or webpage linked to the Website or from any other party referred by the Website and/or the Service. For the avoidance of doubt, under these Terms of Use, Televisory has no liability whatsoever to any Non-Data Provider User.
13.

Intellectual Property

  1. All copyright and other intellectual property and proprietary rights in the content, including but not limited to text, software, code, scripts, webpages, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material contained in the Website or Service belong to Televisory or our designated sub-contractors or affiliates unless otherwise indicated. You may access material displayed on the Website or Service for your non-commercial use only provided that you also retain all copyright and other proprietary notices contained on the materials. You may use Televisory Reports for your internal business purposes, or where you are a Data Provider User, additionally for the internal business purposes of the organisation in respect of which your Submitted Data relates to, on the basis that you must not modify any content of the Televisory Report and that you retain all copyright and other notices and disclaimers contained therein. You may not copy, reproduce, distribute, modify, transmit, reuse, re-post, or use any content on the Website or provide a Televisory Report for public or commercial purposes without Televisory's or the relevant third party's prior written permission. The trade marks, logos, and service marks (collectively the "Trade marks") displayed on the Website are registered and unregistered Trade marks of Televisory and where applicable, other third party proprietors identified on Website. No right or licence is given to any party accessing the Website or Service to download, reproduce or use any such Trade marks.
  2. Ownership not to be affected: Televisory is and shall remain the proprietor of all its intellectual property rights in the Website. These Terms of Use shall not constitute or result in any assignment or transfer of any intellectual property rights to you.
14.

No Linking

  1. You may not, without Televisory's prior written permission, insert a hyperlink to the Website (or any part thereof) (other than as provided in the foregoing provision) on any other website or webpage or "mirror" any material contained on the Website on any other server and you may not establish and/or maintain, on any website or webpage, any in-links, frame-links and/or any other type of hyperlinks to Website or any part thereof (including without limitation any webpages, images, video, audio, graphics, text, code, program and/or any other material on the Website).
15.

Termination

  1. Televisory, in its sole discretion, may with immediate effect, terminate your right to use the Service and/or access the Website and/or invalidate your Telecode and Password and may bar access to the Website (or any part thereof) and/or the Service (or any part thereof) for any reason whatsoever, including but without limitation, a breach of any of the terms and conditions of these Terms of Use.
  2. You may terminate these Terms of Use by giving seven (7) days notice in writing to Televisory.
16.

Amendments to Terms of Use

  1. Televisory may impose such further terms and conditions and make such amendments to these Terms of Use as Televisory may in its discretion deem fit from time to time (including terms or amendments allowing Televisory to charge or revise fees for the use of the Website and/or Service). Televisory will notify you of such amendments by posting the amendments on-line at the Website or such other method of notification as may be designated by Televisory (such as via email or other forms of electronic communication), which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the Website and Service. You further agree that if you continue to use and/or access the Website and/or Service after being notified of such amendments to these Terms of Use, such use and/or access shall constitute an affirmative: (1) acknowledgement by you of these Terms of Use and its amendments; and (2) agreement by you to abide and be bound by these Terms of Use and its amendments.
17.

Notices

  1. Any notice or other communication in connection with these Terms of Use: (a) may be given personally, by post, facsimile or electronically if sent to the address or facsimile number then most recently notified by the recipient to the sender; (b) if given personally, will be deemed to have been received upon delivery; (c) by post, will be deemed to have been received on the second day following posting; (d) if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; and (e) (i) if given by us to you electronically, will be deemed to have been received upon delivery (and a delivery report received by us will be conclusive evidence of delivery even if the communication is not opened by you) and (ii) if given to us electronically, will be deemed to have been received upon being opened by us.
18.

Force Majeure

  1. Televisory shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in this Website's or the Service's operation, or for any inaccuracy, unreliability or unsuitability of this Website's contents if due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carriers and the acts of a party for whom Televisory is not responsible for).
19.

General

  1. You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
  2. These Terms of Use will bind you and us and our respective successors in title and assigns and will continue to bind you notwithstanding any change in our name or constitution or our merger, consolidation or amalgamation with or into any other entity (in which case these Terms of Use will bind you to our successor entity).
  3. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms of Use and the remaining provisions of these Terms of Use shall not be affected thereby.
  4. No failure or delay to exercise our rights under these Terms of Use shall operate as a waiver thereof nor shall such failure or delay affect our right to enforce our rights under these Terms of Use.
  5. If these Terms of Use are translated into a language other than English, the English text shall prevail.
  6. You acknowledge and agree that Televisory's records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the Service and/or Website by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of the Service and any record of any communications, transactions, instructions or operations maintained by Televisory or by any relevant person authorised by Televisory relating to or connected with the Service and/or Website shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.
  7. No person or entity who is not a party to these Terms of Use shall have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or other similar laws to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms of Use.
  8. You agree and acknowledge that these Terms of Use and the Service do not include the provision of Internet access or other telecommunication services by Televisory. Any Internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Service shall be your sole responsibility and shall be separately obtained by you, at your own cost, from the appropriate telecommunications or internet access service provider.
20.

Governing Law

  1. Use of the Website and/or Service and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore Courts.