powered by DataMotion Pte.Ltd and its parents, subsidiaries, and affiliates in a partnership with Sharetown, inc.
DataMotion Pte. Ltd.
8 Temasek Boulevard,
#30-01/02, Suntec Tower 3,
[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 DataMotion Pte. Ltd, / Raxel Telematics (“Raxel” or “we”).
Such services include without limitation: (i) any study or surveys offered, provided, hosted, or administered by or through Raxel (“Survey”); (ii) any Raxel mobile application (“Application”); (iv) any other services offered, provided, hosted, or administered by or through Raxel (collectively, and inclusive of all defined terms in this paragraph, the “Services”).
If you participate in the Services, Raxel 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 Raxel Telematics 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 Raxel include DataMotion 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. Raxel 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 for your personal and 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, Raxel 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, Raxel may provide you with the opportunity to communicate with other Users and/or Raxel and Raxel’s partners. For more information on how to unsubscribe from these or other Raxel 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 Raxel. If such disclosure is necessary, you agree to provide truthful information. You acknowledge and agree that Raxel will fully cooperate with all legal disclosure requests (e.g., a court order or subpoena), including those related to your PII. Please review RAXEL’s Privacy and Cookie Notice for more information on RAXEL’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 RAXEL 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 RAXEL; (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 RAXEL 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 RAXEL or RAXEL’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 RAXEL. 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 RAXEL, RAXEL 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 RAXEL considers any research conducted for RAXEL 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 RAXEL; (ii) you will not, unless expressly permitted by RAXEL, 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 RAXEL, and RAXEL 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 RAXEL, you then irrevocably transfer and assign all of your right, title, and interest in Your Responses to RAXEL; and (v) RAXEL 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 RAXEL’s client, clients of RAXEL’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.
6. 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 RAXEL; or (ii) sending an email to email@example.com. RAXEL 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 RAXEL’s Privacy and Cookie Notice for information on how RAXEL 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”). RAXEL 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”). RAXEL 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.
8. Communications with RAXEL
Except for PII and Your Responses, all communications and User Content submitted or transmitted by you to RAXEL, 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 RAXEL for any legal reason.
THE SERVICES, INCLUDING ALL INFORMATION, MATERIAL, AND COMMENTARY MADE AVAILABLE ON OR THROUGH THE SERVICES, ARE PROVIDED “AS IS”, AND RAXEL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY SUCH INFORMATION, CONTENT, MATERIAL, AND COMMENTARY.
FURTHER, RAXEL 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. RAXEL 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 RAXEL APPLICATION WILL NOT HAVE ANY HARMFUL EFFECT ON YOUR COMPUTER OR YOUR MOBILE DEVICE.
RAXEL 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. RAXEL 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. RAXEL 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.
RAXEL hereby reserves the right, in RAXEL’s sole discretion, to make changes to these Terms. RAXEL encourages you to review these Terms on an ongoing basis. RAXEL 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 RAXEL, 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.
12. Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RAXEL 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 RAXEL 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.
13. 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.
14. RAXEL Employees
RAXEL 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.
RAXEL 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. RAXEL’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 RAXEL 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.
DataMotion Pte. Ltd. Singapore 8 Temasek Boulevard,
#30-01/02, Suntec Tower 3,
Except as otherwise required by Applicable Laws, you agree that RAXEL may provide notices to you: (i) via the e-mail address provided by you to RAXEL (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that RAXEL 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 RAXEL (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
18. 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. RAXEL’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 RAXEL 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 RAXEL and you with respect to the subject matter hereof.
DataMotion Pte. Ltd. Singapore 8 Temasek Boulevard,
#30-01/02, Suntec Tower 3,