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Data Motion Pte. Ltd.
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[BY DOWNLOADING ANY APPLICATION YOU ARE CONSENTING TO OUR COLLECTION AND USE OF PERSONAL INFORMATION (“PII”) AND OTHER INFORMATION YOU PROVIDE, AND TO THE USE OF AUTOMATICALLY COLLECTED INFORMATION, INCLUDING BUT NOT LIMITED TO THE LOCATION OF YOUR MOBILE DEVICE AS SET FORTH IN OUR PRIVACY AND COOKIE NOTICE. IF YOU DO NOT WANT SUCH INFORMATION COLLECTED, YOU SHOULD NOT DOWNLOAD THE APPLICATION. YOU CAN STOP ALL COLLECTION OF INFORMATION BY UNINSTALLING THE APPLICATION. BY ACCESSING, DOWNLOADING AND USING THE APPLICATION, YOU ARE LEGALLY BOUND BY THESE TERMS.]
These respondent terms and conditions (“Terms”) govern and apply to your use of the services provided by Data Motion Pte. Ltd, / Data Motion (“Data Motion” or “we”).
Such services include without limitation: (i) any study or surveys offered, provided, hosted, or administered by or through DataMotion (“Survey”); (ii) any Data Motion mobile application (“Application”); (iv) your eligibility for and/or redemption of any rewards, incentives, sweepstakes and prizes (collectively, “Rewards”) offered for certain actions and activities. (v) any other services offered, provided, hosted, or administered by or through Data Motion (collectively, and inclusive of all defined terms in this paragraph, the “Services”).
If you participate in the Services, Data Motion will use your information to help our clients better understand your annual mileage, behaviours, needs and preferences. You acknowledge and agree that nothing in these Terms creates any obligation on the part of Data Motion to communicate with any manufacturers, retailers, or other third parties. We are not responsible for repairing, replacing, or improving any such product or service, and it is your responsibility to communicate with such third parties directly for those purposes. Please see Section 2 below (“Use of the Services”) and the Privacy and Cookie Notice for more information about our use of your information.
All references in these Terms to Data Motion include Data Motion Pte. Ltd and its parents, subsidiaries, and affiliates. By registering for, accessing, using, and/or participating in the Services, you hereby expressly agree to comply with and be bound by these Terms. Data Motion reserves the right to refuse, restrict, prohibit, or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
The Services are strictly for your personal, non-commercial use. You may use the Services only when and as available. No individual under the age of thirteen (13) may access, use, or participate in the Services without the prior written consent of a parent or guardian. As a general rule, Data Motion also requires consent of a parent or guardian if you are under the age of eighteen (18), but may, at its sole discretion, make exceptions from time to time.
2. Use of the Services
You acknowledge and agree that participation in the Services is voluntary. By participating in the Services, you agree to receive invitations to participate in the future. Additionally, Data Motion may provide you with the opportunity to communicate with other Users and/or Data Motion and Data Motion’s partners. For more information on how to unsubscribe from these or other Data Motion communications at any time, see Section 8 (“Opt Out Policy”) below.
As part of your access to, use of, and/or participation in Services, you may be required to disclose certain personally identifiable information (“PII”) to Data Motion. If such disclosure is necessary, you agree to provide truthful information. You acknowledge and agree that Data Motion will fully cooperate with all legal disclosure requests (e.g., a court order or subpoena), including those related to your PII. Please review Data Motion’s Privacy and Cookie Notice for more information on Data Motion’s privacy practices.
You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
3. Unauthorized Uses
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any services, or Rewards (as defined herein); (ii) take any action to interfere with any Website or Application, or an individual’s use of any Website or Application, including but not limited to by overloading, “flooding”, “mail bombing”, or “crashing” any Website or Application; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including but not limited to spyware; (iv) collect any PII of or about any other user of the Services; (v) send unsolicited emails to Data Motion or any other user of the Services, including but not limited to promotions and/or advertising of products or services; (vi) forge or mask your true identity; (vii) frame any portion of any Website or Application within another website or application, or alter the appearance of any Website or Application; (viii) establish links from any other website to any page of, on, or located within any Website or Application, or establish links from any other website to the Services, without the prior express written permission of Data Motion; (ix) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content, or any material or content that could otherwise violate Applicable Laws (as defined below); (x) engage in any fraudulent activity, (xi) reverse engineer any aspect of the Services; (xii) take any action that might reveal or disclose the source code of any Website or Application; (xiii) bypass or circumvent measures or controls utilized to prohibit, restrict, or limit access to any content or code; (xiv) engage in any criminal or illegal act; (xv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xvi) encourage and/or advise any individual, including but not limited to any Data Motion employee, to commit any act prohibited hereunder.
4. Restricted Content
In connection with your use of, access to, and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to Data Motion or Data Motion’s clients, partners, or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content, and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of Data Motion. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section 4, in addition to any other rights or remedies available to Data Motion, Data Motion reserves the right to terminate, prohibit, or restrict your use of, access to, and/or participation in the Services.
Additionally, and without limiting the foregoing, you acknowledge and agree that Data Motion considers any research conducted for Data Motion and the information that is related to that research, including but not limited to any Surveys and studies to be Restricted Content. In consideration of your being permitted to participate in the Research, you agree that: (i) you will not disclose the Research, including your responses and comments and any ideas that are discussed and/or generated as a result of your participation in the Research (collectively, “Your Responses”), to anyone other than Data Motion; (ii) you will not, unless expressly permitted by Data Motion, use any audio and/or visual recording devices during Research; (iii) all right, title, and interest in the Research and the results thereof, including, for example, all copyrights, trademarks, patents, and other intellectual property rights, are owned by Data Motion, and Data Motion has not granted you any right, title, or interest in the Research or the results thereof, or any portion of either; (iv) if ownership of Your Responses does not for any reason vest in Data Motion, you then irrevocably transfer and assign all of your right, title, and interest in Your Responses to Data Motion; and (v) Data Motion may, in any manner that it desires, use Your Responses as it sees fit, including but not limited to sharing Your Responses with others.
5. User Content
You may post, upload or submit images, photos, audio, video and/or other types of content in connection with the Services (“User Content”). You are solely responsible for all User Content, including all third party approvals, consents, and authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including but not limited to Data Motion’s client, clients of Data Motion’s client, and third party service providers. User Content should not contain copyrighted or trademarked content or material of any third party or audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for User Content.
You remain the owner of your User Content. By using, uploading, posting, or submitting User Content in connection with the Services, you hereby grant to Data Motion (and/or the clients of Data Motion) a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, distribute, and otherwise use, modify, or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for User Content. Data Motion does not and cannot review all User Content. Data Motion reserves the right to delete, move, or edit User Content that is, in Data Motion’s sole discretion, deemed to: (i) violate these Terms; (ii) violate copyright or trademark laws; or (iii) be abusive, defamatory, obscene, or otherwise unacceptable.
In connection with your use of the Services, you may have the opportunity to accumulate Rewards. Rewards may be in the form of cash, gift cards, coupons, discounts, sweepstakes entries, prize drawing entries, or other items of value. Information, official rules, and terms and conditions governing any Rewards may be described in these Terms, on the Websites, on websites or webpages designated for redeeming Rewards, and/or in any newsletter or other communication distributed or published by Data Motion.
Data Motion may modify, alter, delete, or add new terms and conditions related to any Reward at any time without notice. For Data Motion this includes but is not limited to modifying, altering, adding, or deleting available Rewards, and modifying, altering, adding, or deleting any conditions for earning incentives or rewards, at any time without notice. In addition, Data Motion may terminate or cease offering any Reward in connection with the Services, at any time without notice.
Data Motion makes no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Rewards, including but not limited to any warranty of merchantability or fitness for a particular purpose. Data Motion is not, and will not be, liable or responsible for the performance or failure of any product or service given to you as, or redeemed with, a Reward, or for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with such product or service. Data Motion will not replace any lost, stolen, misplaced, or damaged Rewards.
The suppliers or providers of any products or services offered in connection with Rewards, and/or the owners or operators of the any website(s) on which you redeem any Reward, may have their own terms and conditions. Please review these terms and conditions carefully.
PII may have to be collected, processed, and/or disclosed in connection with a Reward program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing, and/or disclosure of your PII for such purposes, and all such PII shall be subject to the terms set forth in Data Motion’s Privacy and Cookie Notice.
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAXES, AND THAT SUCH TAXES ARE SOLELY YOUR RESPONSIBILITY.
Data Motion may provide you and/or the appropriate government agency or taxing authority with information related to any Rewards you earn in connection with the Services. You agree to provide Data Motion with all required information to assist Data Motion in complying with its reporting or withholding obligations. Data Motion may withhold any tax from any Reward as required by applicable law.
In the United States, if you receive Rewards the total value of which equals or exceeds $600 in any tax year, you will be required to furnish your taxpayer identification number or complete and return a W-9 form before the awarding of any Reward to comply with IRS tax reporting requirements.
8. Opt-Out Policy
You may opt out of the Services (including, without limitation, from receiving newsletters or communications) at any time by: (i) following the unsubscribe procedures described on the applicable Website or contained in any email received from Data Motion; or (ii) sending an email to firstname.lastname@example.org. Data Motion shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Please allow a few days for the processing of opt-out requests, during which period you may receive communications which were created or compiled prior to your opting out. Please see Data Motion’s Privacy and Cookie Notice for information on how Data Motion handles information and data following an unsubscribe or opt-out request.
In connection with your use of the Services, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). Data Motion does not endorse any Third Party Website nor any products, services, or opportunities advertised, offered, or sold by, through, or in connection with any Third Party Website (“Third Party Information”). Data Motion does not make any representations or warranties regarding Third Party Websites or third party information. Please carefully review all policies and terms applicable to Third Party Websites.
10. Communications with Data Motion
Except for PII and Your Responses, all communications and User Content submitted or transmitted by you to Data Motion, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Data Motion for any legal reason.
THE SERVICES, INCLUDING ALL INFORMATION, MATERIAL, AND COMMENTARY MADE AVAILABLE ON OR THROUGH THE SERVICES, ARE PROVIDED “AS IS”, AND Data Motion DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY SUCH INFORMATION, CONTENT, MATERIAL, AND COMMENTARY.
FURTHER, Data Motion HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Data Motion DOES NOT WARRANT THAT: (I) THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SERVICES (OR INFORMATION, SURVEYS, PRODUCT TESTING, CONTENT, MATERIAL, OR COMMENTARY CONTAINED THEREIN) WILL BE UNINTERRUPTED OR ERROR FREE; (II) DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED; (III) THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE SERVICES OR ANY Data Motion APPLICATION WILL NOT HAVE ANY HARMFUL EFFECT ON YOUR COMPUTER OR YOUR MOBILE DEVICE.
Data Motion DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES. Data Motion SHALL HAVE NO OBLIGATION TO COMMUNICATE WITH ANY MANUFACTURERS, RETAILERS, OR OTHER THIRD PARTIES WHOSE PRODUCTS/SERVICES ARE THE SUBJECT OF A SURVEY OR PRODUCT TESTING. Data Motion IS NOT RESPONSIBLE FOR REPAIRING, REPLACING, OR IMPROVING ANY SUCH PRODUCTS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Data Motion hereby reserves the right, in Data Motion’s sole discretion, to make changes to these Terms. Data Motion encourages you to review these Terms on an ongoing basis. Data Motion will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
You agree to indemnify, defend, and hold harmless Data Motion, including its parents, affiliates, and subsidiaries (and their respective members, managers, shareholders, directors, officers, employees, and agents), from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties, costs, and/or expenses of any kind, including but not limited to reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.
14. Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Data Motion BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER Data Motion IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international, national, federal, state, and local laws, codes, regulations, rules, and requirements (“Applicable Laws”) regarding your use of, participation in, and/or access to the Services.
16. Data Motion Employees
Data Motion employees and their Immediate Family Members (as defined herein) are not eligible to receive any Rewards for using, participating in, or accessing the Services. For the purpose of this Section 16, the term “Immediate Family Members” includes parents, spouses or spousal equivalents, domestic partners, children, girlfriends, and boyfriends.
Data Motion employees may use, access, or participate in the Services only after receiving written permission from their respective manager, and only for the sole purpose of improving the Services. Data Motion’s employees must always be honest and report accurate information in connection with using, accessing, or participating in the Services.
Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to Data Motion should: (i) be correctly addressed to the address below, and shall be sufficiently delivered if delivered (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch), or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the email address below.
Data Motion Pte. Ltd.
8 Temasek Boulevard,
#30-01/02, Suntec Tower 3,
Except as otherwise required by Applicable Laws, you agree that Data Motion may provide notices to you: (i) via the e-mail address provided by you to Data Motion (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Data Motion did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid, addressed to the address provided by you to Data Motion (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website. You agree to check the applicable Website frequently for notices and to keep your PII up-to-date.
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
These Terms and your access to, use of, and/or participation in the Services shall be governed by and construed in accordance with the laws of the republic of Singapore, without regard to any portion of any choice of law principles that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the Services shall be subject to the exclusive jurisdiction of the republic of Singapore
20. Miscellaneous Terms
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Data Motion’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent Data Motion from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms, or policies referenced herein or incorporated herein, and any requirements specific to a Study or survey, represent the entire understanding and agreement between Data Motion and you with respect to the subject matter hereof.
Data Motion Pte. Ltd.
8 Temasek Boulevard,
#30-01/02, Suntec Tower 3,