These Terms of Service (“Terms”) is a contract between you, whether personally or on behalf of an entity, and Outwiths (“Site, “we” “us” or “our”) and govern your access and use of the website, mobile or tablet application (WebApp), or other experiences, activities, events, services, recordings, and/or products made available through Outwiths. Please read these Terms carefully before accessing and/or using the Site, Webapp and/or Outwiths. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.1 Acceptance of Terms. You agree that by creating an account, clicking “Join Now,” “Join Outwiths” or “Sign up” or any similar phrases and buttons within the Site or WebApp, you are indicating your consent and entering a legally binding contract between Outwiths (even if you are using our Services on behalf of a company). If you do not agree to this contract, do not put your information and/or click on any button that indicates your consent.
1.2 Amendments of Terms. Outwiths may amend the Terms and other accompanying policies, not limited to the Privacy Policy, from time to time. We reserve the right to make changes or modifications at any time and for any reason, and this will be effective immediately upon posting. It is your responsibility to review these changes to stay informed of updates. Your continued access or use of the Site and/or WebApp constitutes your consent to be bound by the Terms and Policies, as amended.
1.3 Users. When you register and join the Outwiths Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.” You will only have one Outwiths account, which must be in your real name; and you are not already restricted by Outwiths from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others.
You affirm that you are either more than 21 years of age, or if 16-18 years old, possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
1.4 Account Ownership. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter account bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
1.5 Privacy. Your privacy is very important to Outwiths. Please read the Privacy Policy of Outwiths carefully for information relating to Outwiths collection, use, and disclosure of your personal information. By agreeing to these Terms, it is also deemed as an agreement and consent to our Privacy Policy.
2.1 Obligation. If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. You will honor your payment obligations and you are okay with us storing your payment information. Failure to pay these fees will result in the termination of your paid Services. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
2.2 Membership Cycle. When you sign up at Outwiths, your first membership cycle will be billed after a 30-days trial. Unless you request to cancel otherwise, your subscription will automatically renew monthly and will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we will make adjustments to the amounts we charge, as appropriate).
2.4 Payment Methods. You may edit your Payment Method information by logging onto the WebApp and/or Site. If payment is not successfully settled due to expiration, insufficient funds or otherwise, you will remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method or any other payment method you have provided. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
2.5 Cancellation of Membership. Unless we communicate otherwise, you may terminate your membership anytime. Note that if you do terminate your subscription, we reserve the right to keep your details and charge a reactivation fee if you want to return or restrict your access in future months. If you cancel your subscription, you will not lose your access to the Outwiths Account and will remain a Basic Member.
2.6 Refund. Do note that we keep a strict No-Refund policy for the month that is already paid regardless of the date of cancellation within that month.
2.7 Other Fees. You are responsible for paying applicable fees for other events outside the WebApp and/or Site We reserve the right to change the policy regarding fee charges, introduction of additional fees, and changing the amount of any such fees at any time.
3.1 Misuse of our Services. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.
4.1 By Outwiths. Outwiths reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Outwiths, and “in” logos and other Outwiths trademarks, service marks, graphics and logos used for our Services are reserved by Outwiths exclusively, and may not be used for any activities without our consent. You may not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
4.2 By Others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
5.1 No Warranty. Outwiths make no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis.
5.2 Exclusion of Liability. To the fullest extent permitted by law, Outwiths will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract.
Both you and Outwiths may terminate this Contract with notice to the other. On termination of this Contract via the deletion of your account, you lose the right to access or use the Services. The following shall survive after termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 5, 6 and 7 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination;
Any dispute arising between you and Outwiths concerning the application and interpretation of these Terms shall be settled amicably through mutual consideration and negotiation between parties. Shall there be any third party involvement necessary to resolve disputes, it will be governed by and construed in accordance with the laws of the Republic of Singapore.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
If we don't act to enforce a breach of this Contract, that does not mean that Outwiths has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign this Contract to a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
