IBR360 Online Terms and Conditions

 
  1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
    1. These IBR 360 Online Terms and Conditions and Registration/Subscription Form (“Terms”) comprise the Agreement for IBR360 usage between the User and DP Information Network Pte Ltd ("DP Info"). DP Info reserves the right to modify the Terms at its sole discretion without notice to the User. The User's continued use of the Services following the modifications constitutes an acknowledgement and acceptance of the amended terms and an agreement to abide and to be bound by the amended terms.
    2. In case a separate contract is signed by and between the User and DP Info for IBR 360 usage such contract will prevail over these Terms as may be amended from time to time.
    3. By completing the registration/ subscription process and clicking the 'Finish' button, the User agrees to be bound by these Terms.
  2. DEFINITIONS
    Word or Expression Meaning
    Commencement Date The date specified by DP Info in writing in its notice to the User through email, indicating the acceptance of the registration or subscription by the User for the Services;
    Contract Year A twelve calendar months period from the Commencement Date or any anniversary of the Commencement Date;
    Force Majeure Any act of government or state, civil commotion, epidemic, fire, flood, industrial action or organised protests by third parties, natural disaster, war, failure of payment systems, or any event beyond the reasonable control of the party claiming to be excused from performance of its obligations;
    IBR360 The Internet web site at http://www.experian-ibr360.com
    Information Information made available to the User through Experian-IBR360;
    Intellectual Property Rights Copyright, database right, domain names, patents, registered and unregistered design rights, registered and unregistered trade marks, and all other industrial, commercial or intellectual property rights existing in any jurisdiction in the world and all the rights to apply for the same;
    Package Plan A pre-paid plan the User selects to subscribe to;
    Package Plan Period 12 calendar months commencing on the day of the subscription for a Package Plan.
    Permitted Purpose The internal business purposes of the User and not in any event for the provision of any bureau services to any third parties.
    Services The services as detailed in Clause 4.1 to be provided at IBR360, including any system, software or data (whether electronically transferred or in printed form).
    User A subscriber for the Services, whose particulars are stated in the registration/ subscription form
  3. PRIMARY OBLIGATIONS AND WARRANTIES
    1. DP Info shall use reasonable care and skill in the performance of the Services.
    2. The warranties expressly set out in this Agreement are the only warranties that DP Info gives to the User in respect of the subject matter of this Agreement. All other warranties, representations or terms of equivalent effect that might be implied by law are excluded to the extent permitted by law.
  4. ACCESS TO IBR 360
    1. DP Info grants the User a non-transferable, non-exclusive right to access IBR360 and the Information available through it.
    2. DP Info reserves the right at any time and without prior notice to the User:
      1. to change IBR360 hours of operation;
      2. to withdraw or add Services and/or Information to be provided at IBR360.
  5. PAYMENT TERMS
    1. The User shall pay the fees in accordance with a package plan he subscribed to or, if the User does not wish to subscribe to any package plan, in accordance with the price list available online at IBR-360.
    2. Package Plan will be valid for a Package Plan Period. If the User has subscribed to a Package Plan, DP Info is entitled to charge a full price of that Package Plan irrespective of User’s actual usage during the Package Plan Period. No refund will be made for unused portion of the Package Plan at the end of the Package Plan Period.
    3. DP Info reserves the right to amend the price list upon thirty (30) days prior notice to the User.
  6. NATURE OF THE SERVICES/INFORMATION
    1. DP Info’s Services/Information are not intended to be used as the sole basis for any business decision, and are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for DP Info to guarantee. DP Info is therefore not able to accept any liability, other than under Clause 3.1, for:
      1. any inaccuracy, incompleteness or other error in the Services and/or the Information which arises as a result of data provided to DP Info by the Client or any third party;
      2. any failure of the Services to achieve any particular result for the User.
  7. USE OF IBR 360/SERVICES/INFORMATION
    1. The User agrees that it will:
      1. use IBR360 and/or the Services and/or the Information for the Permitted Purpose only;
      2. not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party IBR360 and/or any of the Services and/or Information;
      3. not (and will not allow any third party to) copy, adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with IBR360 and/or the Services and/or any Information;
      4. be responsible for the set-up or configuration of his equipment for access to IBR360;
      5. comply with all notices or instructions given by DP Info from time to time in respect of the use of IBR360;
      6. comply with the rules of any network or Internet service provider through which the User accesses IBR360;
      7. be solely responsible for the maintenance and confidentiality of the login name and password, and all activities and transmission performed using his login name.
      8. notify immediately and provide DP Info with a written notice of any unauthorized use and/or theft and /or loss of User’s login name and/or password or any other breach of security known to the User. The User shall remain liable for any use of IBR360 and/or the Services made by any third party using User’s login name until such unauthorized use and/or theft and/or loss is notified to DP Info.
      9. not introduce, post or transmit any information or software which contains virus or other harmful components onto DP Info's network system;
      10. not violate or attempt to violate the security of IBR360 and/or web sites linked to Experian-IBR360. This includes but not limited to accessing data and information not intended for them or logging onto a server or account, which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. All Intellectual Property Rights in IBR360, the Services and Information will remain vested in DP Info (or its relevant licensors).
    2. The User:
      1. acknowledges and agrees that it shall not acquire or claim any title, ownership rights or interest to DP Info’s Intellectual Property Rights (or those of its licensors) by virtue of the rights granted to it under this Agreement or through its use of such Intellectual Property Rights;
      2. agrees that it will not, at any time, do, or omit to do, anything which is likely to prejudice DP Info’s ownership (or its licensors’ ownership) of such Intellectual Property Rights; and
      3. agrees not to remove, suppress or modify in any way any proprietary marking, including any trade mark or copyright notice, on or in the materials of DP Info and agrees to incorporate any such proprietary markings in any copies it takes of such materials.
  9. LIMITS ON LIABILITY
    1. DP Info total aggregate liability to the User arising from or in connection with this Agreement is limited to the fees paid by the User to DP Info during the Contract Year in which the liability arose.
    2. In no event shall DP Info be liable to the User (whether in contract, negligence, for breach of statutory duty or under indemnity or otherwise and notwithstanding any notice of the possibility such loss) for:
      1. any indirect or consequential loss;
      2. pure economic loss including loss of profits; loss of earnings; loss of business or goodwill; or
      3. anticipated or incidental losses: including loss of anticipated savings; increase in bad debt; failure to reduce bad debt.
  10. TERMINATION OF SERVICES
    1. DP Info shall be entitled to terminate this Agreement:
      1. immediately by serving written notice on the User if the User commits a material breach of any of its obligations under this Agreement.
      2. upon fourteen (14) days prior notice to the User who has subscribed to a Package Plan or with immediate effect to the User who has not subscribed to any Package Plan, at DP Info’s sole discretion and without any reason.
    2. Termination of this Agreement (or of any element of it) shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect beyond termination.
  11. MAINTENANCE SERVICES
    1. DP Info reserves the right at any time and without prior notice to the User to limit and/or deactivate and/or suspend the User’s access to the Services and/or IBR360 for any reason it deems necessary including in order to carry out system maintenance, perform repairs, make modifications, upgrading, testing and other related work. DP Info shall not be liable for any loss, damage, costs and/or expense that the User may suffer or incur, and no fees payable by the User to DP Info shall be deducted, refunded or rebated, as a result of such limitation, deactivation or suspension.
  12. INDEMNITY
    The User shall fully indemnify DP Info against any and all losses (direct or indirect), claims, demands, damages, expenses (including any associated legal expenses) or liabilities whatsoever arising out of or in connection with the User's access to and/or usage of IBR360 and/or Services and/or Information.
  13. USE OF DATA
    The User hereby agrees that DP Info and its related or affiliated companies and organisations (hereafter collectively referred to as "DP Info") may collect, use, process, disclose, and/or transfer any personal data supplied by the User in connection with this Agreement for the purposes of administering, maintaining and terminating your IBR-360 account and keeping you informed of updates, changes and developments relating to the IBR-360 and/or Services, the scope of which may include but is not limited to:
    1. administering and maintaining User’s IBR-360 account;
    2. engaging third party service providers to perform certain aspects of the Services;
    3. customer profiling, market analysis and research purposes;
    4. unless the User notifies DP Info that he does not wish to receive such information, sending from time to time information through e-mail about IBR-360 and/or Services, promotions and special offers about DP Info services.
    5. notifying the User about important changes to IBR-360 and/or Services;
    6. responding to queries or feedback from the User;
    7. enforcing these Terms and DP Info’s legal rights and remedies; and
    8. for such other purposes as permitted by applicable law or with your consent
  14. GENERAL
    1. If any part of this Agreement is found to be invalid or unenforceable by any Court or other competent body, such invalidity or unenforceability shall not affect the other provisions of this Agreement and such other provisions shall remain in full force and effect.
    2. If either party fails to exercise a right or remedy that it has or which arises in relation to this Agreement, such failure shall not prevent that party from exercising that right or remedy subsequently in respect of that or any other incident.
    3. A waiver of any breach or provision of this Agreement shall only be effective if it is made in writing and signed on behalf of the party who is waiving the breach or provision. Any waiver of a breach of any term of this Agreement shall not be deemed a waiver of any subsequent breach and shall not affect the enforceability of any other term of this Agreement.
    4. This Agreement and all matters arising out of it shall be governed by, and construed in accordance with, the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction over any claim or matter which may arise out of or in connection with this Agreement.
    5. Except for [licensors or third parties who own Intellectual Property Rights] the parties hereby agree that nothing in this Agreement shall be construed as creating a right which is enforceable by any person who is not a party to this Agreement or a permitted assignee of such a party under or by virtue of the Contracts.
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