Terms of Use | CompassList

Last updated: 15 February 2024

1. INTRODUCTION

1.1 These terms and conditions (“Terms of Use”) represent the contract between CompassList Pte. Ltd. (hereinafter referred to as “we”, “our”, “us” or “the Company”) and you, the user, governing your use of this website www.compasslist.com and all pages within the domain (the “Website”). BY ACCESSING AND USING THIS WEBSITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DISAGREE WITH ALL OR ANY PART OF THESE TERMS OF USE, PLEASE DO NOT USE OR CONTINUE ANY FURTHER USE OF THIS WEBSITE.

2. LICENCE AND ACCEPTABLE USE

2.1 Subject to the restrictions set out in these Terms of Use, the Company grants you a temporary, non-exclusive, non-transferable, revocable licence to view and access content on the Website available to your Account (as defined in Clause 3 below). You shall not attempt to gain any unauthorised access to any part of the Website and/or its contents.

2.2 In addition to these Terms of Use, you shall use the Website in compliance with all laws, directives and regulations applicable to you. Where access to the Website is prohibited in your country, you shall not attempt to access the Website and/or circumvent any measures restricting access to the Website.

2.3 You may NOT use this Website:

(a) for any form of commercial exploitation. The licence granted in section 2.1 is limited to your personal use of the Website only;

(b) in any way that causes, or may cause damage to the Website and/or interference with the use, performance, accessibility and availability of the Website;

(c) as part of any systematic or automated data collection activities, including but not limited to data mining, data harvesting and scraping;

(d) to store, transmit, publish or distribute any malicious computer software, including but not limited to spyware, viruses, Trojans and worms; or

(e) for any unlawful, illegal, fraudulent, dishonest, criminal or harmful purpose or activity.

2.4 Any unauthorised use of this Website shall result in the immediate termination of the temporary licence referred to in Clause 2.1 above and your Account may be suspended or terminated in accordance with Clause 3.5 below.

3. ACCOUNT

3.1 You are required to create an account on our Website (“Account”) in order to access certain features and content available on our Website, including but not limited to access to our research database, articles and audio content and the ability to share our content on social media and via email. Creation of your Account is free and subject to your acceptance and compliance with these Terms of Use.

3.2 By completing the registration procedures on our Website, you represent and warrant to us that (i) you are of the age of legal consent, or have obtained your parent’s or legal guardian’s permission to sign up for your Account and (ii) you are providing, and you will maintain, accurate, current and complete information for your account, including as applicable, your name, organisation and contact, information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide. You further acknowledge and agree that, by providing us with your personal data in the course of registering your Account, you hereby give your express consent to us and our affiliates to use, store, process and/or disclose your personal data in accordance with our Privacy Policy (please refer to Clause 4 below).

3.3 You may use your Account only for purposes expressly permitted by these Terms of Use. You may not use the Website, its content and our services for any other purpose without our express prior written consent.

3.4 Your Account is personal to you and for your sole use and benefit only. You may not share or transfer your Account. You may not permit any third parties to use your Account to access or use the Website, its content, our services and your benefits. You are responsible for maintaining the confidentiality of your username and password to your Account. You accept all responsibility for all activities that occur under your Account, and all such activities shall be deemed to be authorised by you. You agree to immediately notify us in writing should you become aware of the loss, theft, or unauthorised use of your Account.

3.5 We reserve the right to, in our sole and absolute discretion and with or without notice, suspend or terminate your Account without any liability to you in the event that:

(a) you breach or violate these Terms of Use;

(b) we are required to do so pursuant to any regulatory or compliance requirement(s) imposed under any Applicable Law or by any competent Authority. For the purposes of this Clause “Applicable Law” means all laws of any jurisdiction in force from time to time that are applicable to these Terms of Use, to you or to us. “Competent Authority” means any governmental, judicial, law enforcement or regulatory authority having jurisdiction over the subject matter of these Terms of Use, to you or to us;

(d) you infringe any of our intellectual property rights;

(e) you use the Website in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website and our services;

(f) you abuse or engage in fraudulent behaviour in respect of your Account; and

(f) you fail to log in to your Account for a consecutive period of 12 months.

3.6 You may terminate your Account at any point via the “Delete Account” option, which is found in the “My Profile” section of your account dashboard or by writing to our support team at help@compasslist.com, but any such termination will be effective only after we have processed the request.

4. PRIVACY POLICY

4.1 We are committed to protecting and respecting your privacy. We will comply with all applicable data protection and privacy laws and you hereby acknowledge and agree that any personal data which you provide to us may be collected, processed, used and disclosed by us in accordance with our Privacy Policy. Please take the time to familiarise yourself with our Privacy Policy, which you are deemed to have accepted by using the Website.

5. INTELLECTUAL PROPERTY

5.1 We are the rightful and legal owner or valid licensee of all intellectual property rights (including but not limited to, patents, copyrights, trademarks, service marks, logos, trade names and know-how) in and to the Website and all of its content (including but not limited to, text, articles, pictures, images, photographs, graphics, animations, pictures, software and programs, files, video, audio and music) (collectively, the “Content”). You acknowledge and agree that you acquire absolutely no rights or licences in or to the Website or its contents through your use of the Website.

5.2 You are strictly prohibited from, and expressly agree that you shall not:

(a) use, upload, download, record, alter, copy, reproduce, re-publish, distribute, transmit, disseminate, communicate, reverse engineer, decompile, disassemble, perform, modify, translate, adapt, create any derivative works from or exploit in any way any content, source code, design or any other intellectual property relating to the Website or Content or any part thereof;

(b) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with the Website and/or any Content;

(c) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Website and/or any Content;

(d) access or use the Website and/or any Content in an unauthorised, unlawful, illegal, fraudulent or harmful manner or in connection with any unauthorised, unlawful, illegal, fraudulent or harmful purpose or activity;

(e) access or use the Website and/or any Content in any way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Content or in any way that causes, or may cause, damage to the Website and/or any Content or impairment of the availability or accessibility of the Website and/or any Content;

(f) access or use the Website in a manner that suggests an association with our Content, products, services or brands, unless you have an executed agreement with us that allows for such activity;

(g) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website or connected network;

(h) access, monitor, or copy any element of the Website and/or any Content using a robot, spider, scraper or other automated means or manual process without our express written permission; or

(i) sell, resell, or make commercial use of the Website and/or any Content, unless you have an executed agreement with us that expressly allows for such activity, except in the following limited circumstances: ⅰ. to the extent that such acts are required for the lawful and reasonable use of the Website; ⅱ. as permitted through the functionality of the Website and the terms of your Account, e.g. sharing our articles using tools that we make available on the Website; ⅲ. in accordance with Clause 5.3 below; ⅳ. with our express prior written permission; or v. to the extent permitted by any applicable law.

5.3 Without prejudice to Clauses 5.1 and 5.2, you may include on your website, social media posts or in private emails (i) the original headline in full of an article on the Website; (ii) 200 words of the article; and/or (iii) a link to the article, subject to the following conditions:

(a) the aforementioned website or social media posts do not contain inappropriate, profane, infringing or otherwise objectionable material (as determined by us in our sole and absolute discretion);

(b) the aforementioned website or social media posts shall not lead to damage, dilution or tarnishment of the goodwill of the Company and/or the reputation of the Website;

(d) you shall not remove the copyright or trade mark notice from any copies of our content;

(e) the aforementioned website or social media posts shall not create the false impression that they or you or any entity you represent are endorsed by, sponsored, linked to or otherwise associated with the Company;

(f) you shall not share the link and/or its related content for any monetary benefit or other commercial gain;

(g) you shall not frame, archive, mirror or systematically download, cache, print or store any web page on this Website without our express prior written approval; and

(h) you shall remove the link and/or its related content as soon as reasonably practicable, and in any event no later than 48 hours, when notified by us to do so.

5.4 While we welcome feedback on how we can better improve our services, you hereby acknowledge and agree that unless otherwise specified by us in writing, any feedback you provide is deemed to be non-confidential and non-proprietary, and we shall be free to use such information on an unrestricted basis.

6. DISCLAIMERS AND LIABILITY

6.1 While the Website, Content and our services are intended for access 24 hours a day and 7 days a week, we do not guarantee constant, uninterrupted access to the Website, Content and our services, or that the Website will operate without faults or errors, or that the Website, Content and our services will always remain available. We reserve the right without giving prior notice to change the form, nature and functionality of the Website, to suspend access to the Website or to shut it down indefinitely and without assigning any reason whatsoever therefor.

6.2 The information and content on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. For the avoidance of doubt, we provide no warranty as to the accuracy, timeliness, suitability for any purpose, completeness or reliability of any information or content on the Website. We are under no obligation to update any information or content on the Website. Any reliance placed on information or content on the Website is made at your own discretion and risk. In particular, the information or content on the Website is not intended to be and should not be relied upon as advice, representation or endorsement in respect of any specific business model, investment, sale, purchase and/or other financial or business decisions. We assume no liability or responsibility for any errors, omissions or completeness of the information provided in the content of the Website. Information provided is subject to change at any time without prior notice.

6.3 The Website may contain advertising material submitted by third parties. We do not endorse, nor bear responsibility for the content of any such advertising material, including for its accuracy or suitability for any purpose.

6.4 We shall not be responsible or liable to you in the event of any systems or communications errors, bugs, malware or viruses as a result of your use of the Website and its content which results in any damage whatsoever to your hardware, software and/or data.

6.5 In order to use the Website, you may be required to download third party software. We do not provide any warranty nor accept any liability in respect of any consequences of the download, installation, operation and/or use of such third party software.

6.6 We do not warrant that the access to this Website and the content and services provided herein is legal in the jurisdiction that you access it from. It is your sole responsibility to ensure that you are acting legally in accessing the Website and the content and services provided herein. You agree to bear full responsibility and to indemnify us for any consequences of your unauthorised or illegal access.

6.7 The Website may contain links to other websites and pages which are not controlled, maintained or endorsed by us. By clicking on or activating such links, you acknowledge that we are not responsible for the consequences of your activities on the third-party websites and is not liable in any way whatsoever to you. We do not represent or exercise control over such third party and such third party is neither an agent nor servant of us. Any data or any information which you give to any other entity after leaving the Website is entirely at your own risk. We and our affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites. All hyperlinks to such other websites are provided as a convenience to you, and we and our affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.

6.8 We shall not be liable for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with your use of the Website and the content and services provided herein, except to the extent to which it is unlawful to exclude such liability under the applicable law.

6.9 We expressly exclude liability for any indirect, special, incidental or consequential loss or damage which may arise in respect of the use or otherwise of the Website and the content and services provided herein, and for any loss of profit, opportunity, business, revenue, goodwill or anticipated savings, whether or not such losses were within our contemplation at any material time.

6.10 You acknowledge that, with respect to any claim you may have arising out of or arising from your use of the Website, any damage suffered by you will not be irreparable or otherwise be such as to entitle you to injunctive or other equitable relief or to in any way enjoin our exploitation or other use of the Website and its content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages in an action at law, if at all.

6.11 You undertake to bear full liability and to indemnify and hold harmless the Company, our parent company, investors, subsidiaries, affiliates, related companies and each of their respective officers, directors, and employees from any and all claims, liabilities, losses, damages, costs and/or expenses associated with, arising out of or in connection with:

(a) any breach by you or any user of your Account of any of the provisions in these Terms of Use;

(b) your infringement or violation of any rights of any other person or entity; and

(d) otherwise in connection with these Terms of Use and your use and access of the Website.

7. VARIATION; AMENDMENTS; MODIFICATIONS

7.1 These Terms of Use (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on the Website or until terminated by us. We reserve the right to change, amend, vary or modify these Terms of Use from time to time at our sole and absolute discretion without any prior notice to you. The most updated Terms of Use will be made available promptly on the Website. It is your responsibility to keep yourself updated and aware of the latest version of these Terms of Use. If any change is unacceptable to you, you should immediately cease all further use of the Website. If you continue using the Website after the changes take effect, you will be deemed to have accepted the changes and consented to abide and be bound by the latest version of these Terms of Use.

8. MISCELLANEOUS PROVISIONS

8.1 No Obligation to Update Website: You acknowledge that you are aware that this Website contains an archive of existing content as at 31 December 2021 and is not being actively managed. We are under no obligation to update the content on this Website and, accordingly, no new content or articles will be posted to the Website after 31 December 2021.

8.2 Access to Website: We reserve all rights to deny or restrict access to this website to any person, or to block access from any internet source or address to this Website at any time in its sole and absolute discretion, and without providing any notice or reason.

8.3 Severability: If any term or provision of these Terms of Use is held to be illegal or unenforceable, such term or provision shall be fully separable and these Terms of Use shall be construed as if such illegal or invalid term or provision had never comprised a part of these Terms of Use and the validity or enforceability of the remainder of these Terms of Use shall not be affected.

8.4 Waiver: Any failure delay, relaxation or indulgence on our part in exercising any power or right conferred upon us in these Terms of Use or to enforce at any time any of the provisions of these Terms of Use or any rights or remedies in respect thereto shall in no way be considered to be a waiver of such provisions or power or rights, or in any way affect the validity of these Terms of Use, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use.

8.5 Legal Relationship: Nothing in These Terms of Use shall be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships or any other similar relationship between us and you.

8.6 Entire Agreement: These Terms of Use supersedes all prior agreements, arrangements and understandings between the parties relating to the use of the Website, and constitutes the entire agreement between the parties relating to the same. All other documents (whether signed or unsigned, oral or written, express or implied) which are inconsistent with these Terms of Use, shall not be given any effect unless otherwise provided for in these Terms of Use, or unless this clause is specifically waived by us in writing. No promise, inducement, representation or agreement other than as expressly set forth in these Terms of Use has been made by us and/or our affiliates.

8.7 Rights of Third Parties: Any person or entity who is not a party to these Terms of Use, whether or not any benefit is conferred or purported to be conferred on him directly or indirectly, has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term or condition of these Terms of Use. Notwithstanding anything in these Terms of Use, the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms of Use.

9. GOVERNING LAW AND JURISDICTION

9.1 Use of the Website and these Terms of Use are governed by and shall be construed in accordance with the laws of the Republic of Singapore. You hereby submit to the exclusive jurisdiction of the courts of the Republic of Singapore in respect of all matters and disputes arising under or in relation to the use of the Website and these Terms of Use.