These Terms and Conditions ("Terms", "Agreement") are an agreement between Customer Tech Pte. Ltd. incorporated in Singapore with a registration number 202406191C and a registered address at 68 Circular Road, #02-01, Singapore 049422 ("Company", "We", "Us", or "Our") and you ("User", "Customer", or "You"). This Agreement sets forth the general terms and conditions of your use of the software developed by the Company ("Software"), our service for the collection of customer reviews on behalf of shops ("Service"), and your use of our website ("Website").
By accessing or using the Software, Service, or Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Software, Service, or Website.
2.1. The Software provided by the Company is designed to facilitate the collection and management of customer reviews for businesses.
2.2. The Software is open source and is distributed with GPLv3 license.
2.3. You agree to use the Software only for lawful purposes and in accordance with these Terms.
2.4. You are responsible for ensuring that your use of the Software complies with all applicable laws and regulations.
2.5. You agree not to engage in any activity that interferes with or disrupts the operation of the Software.
2.6. The Software is provided in the hope that it will be useful, but without any warranty; without even the implied warranty of merchantability or fitness for a particular purpose.
2.7. The Software can be enhanced with additional functionality by downloading and installing an add-on. The add-on is available for Users that purchase a Professional (Pro) license key.
3.1. The Service provided by the Company allows shops to collect customer reviews on their behalf.
3.2. You may use the Service only for legitimate purposes and in accordance with these Terms.
3.3. You agree not to misuse the Service by submitting fraudulent or false reviews, or by engaging in any other activity that may damage the reputation of the Company or its clients.
3.4. You agree to give us the necessary customer information for transactions where you want our Service to send review requests to customers. These requests ask customers to share their experience with the products they bought from your shop and their overall opinion about your shop.
3.5. You will ensure that the customer details are accurate and error free as far as is reasonably possible.
3.6. We will use the customer details to send an email asking for feedback about your shop and products. We will not make further contact with any customer except:
3.6.1. with the previous written consent of the customer; and/or
3.6.2. on your request to send the customer a follow-up email about the review invitation; and/or
3.6.3. where details of that customer have been provided to us by a third party; and/or
3.6.4. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or
3.6.5. to inform the customer of a response you have made to their comments; and/or
3.6.6. for the purpose of satisfying our obligations under these Terms and Conditions.
3.7. You must not use the Service for collection of reviews related to prohibited categories of products and services that include:
4.1. The Website may display verified copies of reviews submitted by customers and contain information about the Software, Service, and other relevant content.
4.2. You may use the Website to view reviews, to submit reviews via review forms, for informational purposes, to download the Software, and to access settings related to the Service.
4.3. You agree not to misuse the Website by attempting to gain unauthorized access to any portion or feature of the Website, or by engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website.
5.1. In order to download the Software or configure the Service, you may be required to create an account on our Website.
5.2. You agree to provide accurate and complete information when creating your account.
5.3. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
6.1. The Software, Service, Website, and their original content, features, and functionality are and will remain the exclusive property of the Company.
6.2. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
7.1. You may have the opportunity to submit, post, or display content on or through the Website ("User Content").
7.2. By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content.
7.3.. When submitting a review your name and/or email address will be visible to the company on whose behalf we invited you to write a review. They will be able to see your name and/or email address in their private dashboard even if the review was set to be published anonymously.
8.1. Your use of the Software, Service, and Website is subject to the Company's Privacy Policy, which is hereby incorporated by reference into these Terms.
9.1. Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that is processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@cusrev.com. Withdrawal of consent will be considered as a request to be deleted as a user altogether.
9.2. We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or get into the hands of unauthorized parties.
9.3. You agree to comply with your obligations under EU Data Protection Directives as a Data Controller and any other legislation and/or binding regulations implementing or made pursuant to you ("Data Protection Requirements").
9.4. When using the Service for collection of customer review, you are - in accordance with the Data Protection Requirements - regarded as a Data Controller of the customers’ personal data, which is provided to the Company. When you use the Service, the Company is regarded as a Data Processor. This entails that the Company shall only act by instructions from You in regard to the provided personal data about the customers. It is your sole responsibility to provide such instructions to the Company. The Company shall make the necessary security measures to comply with the obligations of a Data Processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On your request, the Company will, in line with and to the extent provided for in the Data Protection Requirements, supply you with sufficient information to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about customers after their review is published on the Website are processed by the Company as a Data Controller.
9.5. The Company is not responsible for and assumes no liability for the customers’ conduct on or use of the Service, including the content published by the customers (such content, "User Content"). The Company does not and cannot control or monitor the User Content and the Company does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of the Company, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.
9.6. The Agreement shall not be regarded as an approval, endorsement or recommendation of your business, products or services by the Company. You may not market yourself or by other way give public declarations in conflict with the above.
9.7. Your use of the Service must at all times comply with all applicable laws, rules and regulations. You warrant to the Company that your use of the Service will in no way cause the Company to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.
9.8. Personal information of customers that were invited to write a review but did not do it after 3 (three) months from the date of the invitation will be automatically deleted from our database.
10.1. All company names, brands and other company trademarks and the website belong to either the Company or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are non transferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website's content cannot be copied and displayed anywhere else on the internet.
11.1. You shall indemnify the Company against any loss or damage suffered or incurred by the Company as a result of any third-party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by you infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
(b) the Company use of customer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by the Company on your request violates any applicable law, rule or regulation.
11.2. You shall not bring any claim against the Company arising from or related to any user content, including without limitation, any claim that the user content is defamatory, offensive or otherwise harmful. You shall indemnify the Company against any loss or damage suffered or incurred by the Company as a result of any such claim, whether such claim is brought by a customer, any of the customer’s affiliates, or any of their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
12.1. In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Software, Service, or Website.
13.1. The Company does not produce or publish contributions on the website. The Company cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email support@cusrev.com.
13.2. The Company accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.
13.3. The Company does not read through or edit contributions added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, the Company will accept no responsibility for the contents of the link in question.
13.4. The Company recommendations and reference to concrete companies, e-shops, etc. is only guiding and the Company can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.
13.5. The Company can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, the Company cannot be made to pay compensation or similar as a result of errors or downtime.
13.6. The Company reserves the right to revise these terms at any time, as well as the right to close the website as a result of its own assessment and without warning.
13.7. We reserve the right to delete reviews that are solicited from external websites.
13.8. Reviews solicited outside of the Company ecosystem may be flagged and moderated.
14.1. These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
15.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time, as well as the right to close the website as a result of its own assessment and without warning. If a revision is material, we will try to provide a notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
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