Terms of Use

By using Beep Application ("App") and operated by Aardvark Media Pte. Ltd. in any way, you agree to be bound by the following Terms of Use ("Terms"). We may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Application shall be deemed your conclusive acceptance of the modified Terms.

 

1. Registration and warranty

1.1 If this App requires you to register or open an account, you must provide us with accurate, complete and updated registration information as requested.

1.2 You represent and warrant that (i) you have the full power and authority to enter and perform under these Terms, (ii) the execution and performance of your obligations under these Terms does not constitute a breach or conflict with any other agreement or arrangement by which you are bound, (iii) these Terms impose legal, valid, and binding obligations on you, and (iv) any information provided by you for the purposes of your access to or use of, or in the course of using the App, was true, accurate and complete at the time you provided it.

 

2. Licence to use

2.1 Aardvark Media Pte. Ltd. hereby grants you a licence to use the App solely for the purposes in the manner set out herein. The licence granted to you does not include any right to copy, reverse-engineer, decompile, modify or tamper with the App or any part of the App or the content or any content accessed via the App. Without prejudice to Clause 9, Aardvark Media Pte. Ltd. may, at sole discretion, modify the terms on which such licence is granted or, in the event that you breach any of these Terms, revoke such licence.

2.2 We may provide for purchase of products or services within the App. Such products or services will be concluded in the App and made payable to Aardvark Media Pte. Ltd. through App Store or other payment methods as we may advise from time to time. You are required to make immediate payment for purchase of products or services using the payment method as advised. The products/services may be purchased on a one time basis or on a renewed subscription basis.

 

3. User rights and obligations

3.1 You are granted various rights in relation to the App, including the right to upload your own content, purchase any additional premium features (as and when they are available).

3.2 You acknowledge and agree that:

(a) Aardvark Media Pte. Ltd. at its sole discretion may either provide the App to you on a free of charge basis or charge a fee for the App, including but not limited to charges for unlocking new features on the App, downloading the App or upgrades to the App.

(b) Different rights may be granted to different users, as Aardvark Media Pte. Ltd. may determine, at its sole discretion.

 

4. Collection of information and warranty

4.1 We may collect certain information from you in order for you to benefit from the App. When you access the App, we may collect the following information:

(a) Personal Information - personal information which is not limited to your name, contact number, gender, email address, age group and Facebook friend list ("Personal Information");

(b) Log Information - These server logs may include information such as web requests, your interaction with a service, internet protocol address, browser type, browser language, the date and time of your enquiries and one or more cookies that may uniquely identify your browser or your Account. ("Log Information");

(c) Non Personal Information - other information involving you, including but not limited to anonymous statistics, records and other information in relation to your browsing of the App ("Non-Personal Information").

4.2 If you have any hesitation about providing such information to be used in any manner, you should not access or use the App.

 

5. Disclaimer of warranties

5.1 You assume total responsibility and risk for your use of the App. Aardvark Media Pte. Ltd. does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the App, information or service provided through the App. Aardvark Media Pte. Ltd. shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The App is made available on an "as is, as available" basis.

5.2 Aardvark Media Pte. Ltd. makes no warranty that (i) the App will meet your requirements or will always be accessible, (ii) the App will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the quality of any products, services, information, or material purchased or obtained by you through this App will meet your expectations, and (iv) any errors in the App will be corrected.

5.3 We may allow access to merchants from whom you may purchase certain products/services. Transactions for these products/services may or may not be concluded on the App. We do not operate or control the products/services offered by these merchants. We are not a party to the transactions entered into between you and merchants and will not be held responsible for any rights and obligations between you and the merchants.

5.4 To the extent permitted by applicable law, XXXXX hereby excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) to which you would otherwise be entitled by law.

 

6. Indemnity

6.1 You agree to indemnify, defend and hold harmless Aardvark Media Pte. Ltd. from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the App, your access or connection to the App, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with Aardvark Media Pte. Ltd. or your use of the App. Aardvark Media Pte. Ltd. reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Aardvark Media Pte. Ltd. in asserting any available defenses.

 

7. Limitation of Liability

7.1 Aardvark Media Pte. Ltd. does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, or other contents accessible from this App. In no event shall Aardvark Media Pte. Ltd. be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the App, delays, inaccuracies or errors in the information or in the transmission of the App, or any information or transactions provided on or over the App or downloaded or hyperlinked from the App, or performance of the contents on this App, even if Aardvark Media Pte. Ltd. has been advised of the possibility of such damages.

7.2 If you are dissatisfied with any portion of the App, or with any of the Terms, your sole and exclusive remedy is to discontinue using the App.

 

8. Intellectual Property Rights

8.1 The intellectual property rights to or over the contents contained in this App belong to Aardvark Media Pte. Ltd. All rights are reserved. The contents of this App cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Aardvark Media Pte. Ltd.

8.2 You may not, without Aardvark Media Pte. Ltd. prior written consent, use any trademarks, logos or service marks as contained within this App.

8.3 You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the App or create derivative works based on the App. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the App to determine the source code, structure, organization, internal design, algorithms or encryption devices of the App's underlying technology.

 

9. Termination of your use

9.1 Aardvark Media Pte. Ltd. may suspend (temporarily or permanently) your use of and access to the App at any time (i) if Aardvark Media Pte. Ltd. believes you have breached the provision of these Terms, (ii) if Aardvark Media Pte. Ltd. is required to do so by law or (iii) if Aardvark Media Pte. Ltd. decides to discontinue the provision of the App (v) if Aardvark Media Pte. Ltd. exercises it sole and absolute discretion to do so.

9.2 Upon the termination of your use for any reason,

(a) Your licence, rights and benefits to use the App cease and you shall immediately cease use of the App;

(b) Save for Clause 5, 6, 7 and 9, no party shall have any further obligations to the other party.

9.3 You shall not be entitled to any payment, compensation or damages of any sort from Aardvark Media Pte. Ltd. in relation to the termination of your use.

9.4 Aardvark Media Pte. Ltd. rights of termination under this Clause 9 shall be without prejudice to any other rights or remedies which Aardvark Media Pte. Ltd. may have under these Terms.

 

10. General

10.1 Your access to or use of this App, as well as these Terms shall be governed by, and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts.

10.2 Aardvark Media Pte. Ltd. failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

10.3 If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.