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Your use of OnVoard's (UEN 201715596C) services, including the services OnVoard makes available through this website, including this website and any content made available through this website (collectively the "Service") is governed by these terms and conditions (the "Terms"). Please read these terms carefully before using the Services. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and representing that you have the authority to bind that organisation to these terms. In that case, "you" and "your" will refer to your organisation.
You may use the Services only in accordance with these Terms. You may use the Services only if you have the legal power and capacity to form a contract with the Company. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion. You may not access the OnVoard Services if you are our direct competitor, except with our prior written consent.
Using our Services
You must follow the policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
We may, at our discretion, periodically change the description or content of our services in order to reflect changes to the service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the services or better address a perceived need among our customers.
Personal Info
In the course of using our Service, you may be required to provide OnVoard with your personally identifiable information, including contact information, username and password ("Credentials"). OnVoard will handle such information with the utmost attention, care and security. Nonetheless, you, not OnVoard, shall be responsible for maintaining and protecting your Credentials in connection with our Service. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify OnVoard of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify OnVoard immediately.
User Generated Content
By making available any user generated content ("User Content") through our Site or Service, you hereby grant to OnVoard a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site or Service.
Plan Commitment
For monthly subscription plans, you are expected to commit to our service for at least 1 month. OnVoard will automatically renew your subscription at the end of each month, so long as your subscription has not been canceled. You can cancel your plan via subscriptions page.
Upon plan cancellation, you will be charged 1 final time at the start of next month for current month's usage. You can continue using the plan until end of month. For example, if you cancel on 15th Jan, you will be charged on first day of Feb for whole of Jan's usage.
OnVoard charge plan subscriptions by months, not days. Thus if you cancel midway through the month, you are expected to commit to the full month. We charge subscriptions at the end of period instead of start of it because certain charges like email sends are usage based and can only be calculated at the end of period.
Payment Terms
Your designated payment methods will be charged at the end of each billing period for the fees incurred for such billing period, as well as for any outstanding balances. Your "next charge date" and "billing period" will be specified by OnVoard and made accessible via OnVoard's platform. OnVoard reserves the right to change the term of "next charge date" and "billing period" at any time.
Any and all late payments shall accrue interest at the rate of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, you are responsible for paying any reasonable expenses and attorneys' fees that OnVoard incurs in connection with collecting late amounts. If any amount owed by you under this Agreement is overdue, OnVoard may, without limiting our other rights and remedies, suspend your access to the Service until such amounts are paid in full.
Cancellation Policy
Customer need to manually cancel subscription plans via subscriptions page. If subscription plans is not cancelled, it will renew each month. Please note that uninstallation of OnVoard apps on external platforms like BigCommerce, EasyStore and Wix, will not cancel the subscription. You need to manually cancel subscription plans via subscriptions page.
Upon plan cancellation, you will be charged 1 final time at the start of next month for current month's usage. See Plan Commitment.
OnVoard send invoice notifications via email each time we charge your card. As such, we won't be issuing refunds if you have forgotten to cancel your subscription plans.
Refund Policy
Refunds for OnVoard's Services will be evaluated on a case-by-case basis.
Termination
OnVoard may at any time, in its sole discretion, suspend, modify or terminate all or part of the Service, terminate this Agreement, or suspend or terminate Your participation, in all or part of the Service for any or no reason.
Affiliate Program
As an authorized affiliate partner (Affiliate) of OnVoard, you agree to abide by the terms and conditions contained in this Agreement.
Commissions will be paid once a month. Payout will be made only after the affiliate have met the minimum payout threshold. Commissions will be paid via PayPal. If the minimum threshold has not been met or when affiliate has not provided OnVoard with a valid PayPal account, commissions will be withheld.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
OnVoard reserves the right to revoke all commissions and terminate any Affiliate account at any time, at our sole discretion. Below are some prohibited activities:
- Abuse
- Cheating
- Self-referrals
- Using misleading or incorrect information
- Using discount coupons that are not assigned to you
- PC advertising with OnVoard's keywords or trademark
- Promoting via coupon sites
Sending Email
To ensure that we maintain a high sending reputation for businesses that run on our platform, OnVoard has strict guidelines on contacts you can send.
Who You Can Send
You can only send to contacts if they met any of these following requirements:
- Sign up via your website.
- Started checkout with your store.
- Purchased from your store.
- Opted in to receive marketing emails from your business.
Who You Can't Send
OnVoard is not a platform for cold emailing or prospecting for new clients. You should not use OnVoard to send to contacts if they are collected via:
- Third-party lists.
- Purchased or rented lists.
- Scraping
Keep in mind that we may suspend accounts that violate our guidelines or uses OnVoard for spamming.
Representations and Warranties
You represent and warrant as follows:
You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on your site; You will not engage, promote or endorse in any illegal activity;
Your site is free of any viruses, trojan horses, worms, adware, malware or other device that may potentially damage, interfere with, intercept, or expropriate any system, data or personal information;
Your site is and will be compliant with all applicable laws and regulations and does not contain, promote or link to websites containing any pornographic, racial, ethnic, defamatory, abusive, violent, prejudicial, software pirating or hacking, hate-mongering, or otherwise objectionable or non-permitted content;
You may not attempt in any way to alter, modify, eliminate, or otherwise render inoperable or ineffective the site tags, source codes, pixels or other data provided by or obtained from OnVoard;
You have the right to enter into and fully perform the services contemplated herein, consistent with these Terms of Service;
You shall be responsible for all costs and legal fees arising from any fraudulent or non-compliant activities conducted, directly or indirectly, by You
Confidentiality
You agree not to disclose OnVoard Confidential Information without OnVoard's prior written consent. "Confidential Information" means any information disclosed or made available to you by OnVoard, directly or indirectly, whether in writing, orally or visually, other than information that: (a) is or becomes publicly known and generally available other than through your action or inaction or (b) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from OnVoard.
Indemnification
You agree to indemnify, defend and hold OnVoard and its officers, directors, shareholders, successors, affiliates, employees, agents and representatives harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any breach of any of these Terms of Service or any Program Terms. OnVoard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
Limitation of Liability
IN NO EVENT SHALL ONVOARD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOST DATA OR LOST PROFITS, EVEN IF ONVOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranty
ALL SERVICES PROVIDED BY ONVOARD ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONVOARD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Force Majeure
Neither party will be liable for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
Severability
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
Entire Agreement
This constitutes the entire agreement between the parties and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral, regarding the subject matter. No modification, course of conduct, amendment, supplement to or waiver of this Agreement or any provisions hereof shall be binding upon the parties unless made in writing and duly signed by both parties.
Waiver
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Independent Contractor
Each party is an independent contractor. Except as set forth in this Agreement, neither party is authorized or empowered to obligate the other or incur any costs on behalf of the other without the party's prior written consent.
Dispute Resolution
This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. For any matter related to the interpretation or execution of this Agreement, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the exclusive jurisdiction of the federal and state courts located in Singapore.
Notice
Any notice, communication or statement relating to these Terms of Service for either party shall be in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by verified facsimile transmission or verified e-mail; or (iii) hand delivery, with acknowledgement of receipt, transmission, in each case to the other party’s address set forth herein
