WEBSITE TERMS AND CONDITIONS – PEAKFLO
Last updated May 21, 2021
Peakflo PTE. LTD. (registration number 202035714D) is headquartered in Singapore (hereinafter referred to as "Peakflo, "we", “us”, or “our”). Peakflo operates globally in various jurisdictions.
RECIPIENTS AND CHANGES TO THE WEBSITE
These Terms and Conditions regulate the use of peakflo.co (hereinafter referred to as the ‘Website”), and то those linked thereto that Peakflo makes available to its users (hereinafter, “User”). The use of this Website implies full acceptance of all the Terms and Conditions in relation to the Website in force at the time of access by the User. Hence, where the latter does not agree with any of the conditions set forth herein, said User shall refrain from using this Website. Peakflo reserves the right to modify these Terms and Conditions of the Website, as well as any other general or particular conditions, regulations of use, instructions or warnings, which may be applicable at any time. Likewise, Peakflo reserves the right to suspend, interrupt or cease to operate the Website at any time.
Peakflo facilitates access to different content, information and data (hereinafter “Content”) made available to the User by Peakflo or third party service and content providers through its Website. Peakflo reserves the right to modify at any time the presentation, configuration and location of the Website, as well as the Content and conditions required to use it.
CONDITIONS FOR ACCESS AND USE OF THIS WEBSITE
Access to and use of the Website
The User recognises and accepts that access to this Website and/or the Content herein contained takes place freely and consciously, under his/her sole responsibility. The User agrees to make a suitable and lawful use of this Website and its Content, in accordance with the applicable legislation, with these Terms and Conditions, and generally accepted moral, decency and public order. The User shall refrain from:
- making unauthorised or fraudulent use of the Website and/or its Content;
- accessing or attempting to access resources or restricted areas of the Website, without fulfilling the conditions required for such access;
- using the Website and/or its Content for illicit or illegal purposes, contrary to the provisions of these Terms and Conditions, to good faith and public order, with the purpose of violating the rights and interests of others, or of damaging, disabling or overloading the Website or preventing its normal use or enjoyment;
- causing damage to Peakflo’s physical or logical systems, its suppliers or third parties;
- introducing or spreading viruses into the computer network, or into any other physical or logical systems with the purpose of causing damage to Peakflo’s physical or logical systems, its suppliers or third parties;
- attempting to access, use and/or tamper with data from Peakflo, third party suppliers and other Users;
- reproducing or copying, distributing, allowing access to the public through any means of public communication, transforming or modifying its Content, unless authorised by the owner of the corresponding rights or where so is legally permitted;
- deleting, concealing or tampering the notes on intellectual or industrial property rights and other identifying data of the rights of Peakflo or third parties incorporated to the Content, as well as of the protection technical devices or any other information mechanisms that may be included in the Content; and/or
- obtaining and attempting to obtain Content using, to this end, means or procedures different from those made available for said purpose, as the case may be, or where said means or procedures are expressly indicated in the web pages where the Content is included or, in general, those frequently used on the Internet, provided that they do not entail any risks for damage or disablement of the Website and/or its Contents.
Introduction of links
Users who wish to embed a hyperlink or link to Peakflo’s Website must obtain prior authorisation from Peakflo, and be subject to compliance with the following obligations:
- the link shall only allow access to the Website, but shall not reproduce it in any way;
- links to pages other than the ‘Home’ page of the Website (peakflo.co) or 'Payer portal' page (portal.peakflo.co) shall not be embedded. Also, the link shall open in a separate window in the browser;
- the use of frames, or any other means that may create the presumption that there is a relationship between Peakflo and the website where the link is included is strictly prohibited;
- false, inaccurate or incorrect statements or manifestations about the Website are strictly prohibited;
- there shall be no declaration or presumption that Peakflo has supervised or assumed in any way the content or services offered or advertised on the website where the link is embedded;
- the website where the link is embedded shall not contain any trademarks, trade names, labels, names, logos, slogans or other distinctive signs belonging to Peakflo and/or third parties without express authorisation; and
- the website where the link is embedded shall not contain pictures or any other elements contrary to law, morals, public order, or decency. Peakflo reserves the right to prohibit the inclusion of links to its Website, where it considers that the site where the links is embedded fails to meet the requirements herein indicated, and shall in no event be held liable for the consequences that may result from the introduction of the link by third parties, or from the content, information and/or services offered on the websites where the link is embedded.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The User acknowledges and accepts that all intellectual and industrial property rights on the Content and/or any other elements contained in the Website (including without limitation, trademarks, logos, trade names, text, images, graphics, audio and video, databases, software and presentation) belong to Peakflo and/or third parties. In no case shall access to the Website imply any type of waiver, transmission, licensing, or total or partial transfer of said rights, unless explicitly stated otherwise. These Terms and Conditions do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public disclosure of the Website and/or its Content, other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation, specifically granted for that purpose, by Peakflo, or the third-party holder of the rights in question. Peakflo authorises Users to use, view and print the Content and/or elements included in the Website solely for their personal, private and non-profit use. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, or decompilation are strictly forbidden. For any other use except those expressly permitted, it shall be necessary to obtain previous written consent by the owner of the rights of the element in question. Peakflo may take legal actions in the event of breaches of its intellectual and industrial property rights.
WAIVER OF GUARANTEES AND LIABILITY
Exclusion of guarantees for operating the Website
Peakflo does not guarantee the availability and continuity of the functioning of the Website or of those other websites where a link to its Website has been embedded. Likewise, Peakflo shall in no event be held liable for any damages that may result from:
- lack of availability or accessibility to the Website or to those sites where a link has been embedded;
- interruption in the operation of the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads of telephone lines, the Internet system or other electronic systems, produced in the course of their operation;
- lack of suitability of the Website for the specific needs of the User;
- other damages that may be caused by third parties through unauthorised interference outside Peakflo’s control; and/or
- the presence of viruses or other elements that may alter the physical or logical systems, electronic documents or files of Users.
Exclusion of guarantees and for the use of the Website
Peakflo shall not be held liable, under any circumstances, for the use made by Users and/or third parties of the Website, its Content, applications or related services, or for the damages which may arise from said use.
Disclaimer of liability for the Content
Peakflo does not edit the Content produced by third parties published on the Website, if any. Consequently, it is not responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said Content.
Exclusion of guarantees and liability in relation to links
The Website may make available links which allow Users to access pages and/or websites belonging to, and/or managed by third parties. Peakflo checks the existing content of said pages when the link is embedded and does so in the belief and good faith that such content complies with applicable legislation. Nevertheless, in no case shall Peakflo be liable for, nor shall it approve or recognise as its own the products, services, content, information, data, files and any kind of existing materials on said web pages, and shall not monitor and not be liable for, nor shall it approve or claim as its own, any subsequent modifications of said materials. Where deemed advisable or when so requested by a legal or administrative order, Peakflo shall remove links to web pages which infringe the applicable legislation and/or affect third parties’ rights.
- Incase of Annual SaaS Contract: If the user signs an annual (12 month) contract with Peakflo, this contract renews annually until a written termination notice is provided at least 60 days in advance of the end date
- Incase of Monthly SaaS Contract: A monthly SaaS contract may be cancelled by the user at anytime. Incase the date of cancellation falls after the monthly billing date, then Peakflo will remain accessible to the customer until the subsequent month's billing date
REFUND IN CASE OF UPTIME PENALTY:
- Peakflo will use all reasonable efforts to ensure the SaaS Service is available on a 24/7 basis with a guaranteed 99.5% uptime, as defined below. However, it is possible that on rare occasions the SaaS Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. Peakflo will use reasonable efforts to publish on the Website and/or notify the User by email in advance about details of any unavailability. Peakflo will make all reasonable efforts to ensure that such maintenance or updates that may disrupt User’s access to software is not done during normal business hours so as to minimize any inconvenience. Reasonable downtime of SaaS Service notified by Peakflo to User in advance in accordance with this clause should not count towards the said 99.5% uptime requirement.
- Through the use of web services and APIs, the SaaS Service interoperates with a range of third party service features. Peakflo does not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, Peakflo may cease to make available that temporarily until a suitable alternative third party service provider is not acquired. To avoid doubt, if Peakflo exercises its right to cease the availability of a third party feature, the User is not entitled to any refund, discount or other compensation.
- Peakflo does not make any warranty or representation on the availability when
- The User has made unauthorized changes to the configuration or set up of affected equipment, software or services.
- The User has prevented Peakflo from performing required maintenance and update tasks.
- the cause is reasonably beyond Peakflo control. For instance: floods, war, civil unrest etc.
- the User is in breach of the signed contract with Peakflo for any reason (e.g. late payment of fees, improper use, violation of terms, etc.).
- Measurement and penalties
- Uptime is measured over each calendar month. It is calculated to the nearest minute, based on the number of minutes in the given month (for instance, a 31-day month contains 44,640 minutes).
- The User must report the downtime at the time it occurs, and must claim any credits by presenting documented evidence of the SaaS Service unavailability within fifteen (15) days of occurrence of the relevant unavailability.
- If uptime of the SaaS Service availability drops below the threshold, a penalty will be applied in the form of a credit for the User.
- This means the following month’s fee payable by the User will be reduced on a proportional downtime basis.
- The level of penalty will be calculated depending on the number of hours for which the service was unavailable, minus the downtime permitted by the SLA.
- Uptime penalties in any month are capped at 50% of the total monthly fee.
- Uptime measurements exclude periods of routine maintenance.
ACTIONS IN CASE OF NON-COMPLIANCE
Peakflo reserves the right to exercise as many actions as it can under the current legislation and applicable at any time and in any case to demand the responsibilities arising from the breach of any of the provisions of these Terms and Condition of the Website and/or related services on the part of a User.
The declaration of the nullity, invalidity or inapplicability of any of these Terms and Conditions shall not affect the validity or applicability of the other conditions, which shall continue to bind the parties. The waiver by either party to enforce any of the conditions at a particular general moment stipulated here does not imply a waiver of a general nature of the fulfilment of another condition or conditions, nor does it create a right acquired for the other party.
We offer our products and services in conjunction with use or access to WhatsApp, and are an ISV (Independent Software Vendor) with Twilio. Hence our Whatsapp for business communication channels are offered for use through the Twilio APIs for WhatsApp.
APPLICABLE LAW AND JURISDICTION
The Website, and these Terms and Conditions, are governed by the Singapore law. To the extent permitted by law, the parties explicitly waive any other jurisdiction which may correspond and agree to submit to the jurisdiction of the Courts of Singapore.
- Good faith negotiations: Before taking any court action, each party must use best efforts to resolve any dispute through good faith negotiations.
- Obligations continue: Each party must, to the extent possible, continue to perform its obligations under the contract signed even if there is a dispute.
- Right to seek relief: This clause does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.