Updated 16 Jan 2023
Welcome to biqmind.com and caepe.sh (collectively, the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Biqmind account ("Account") so that you are aware of your legal rights and obligations with respect to Biqmind Pte. Ltd., its related entities, affiliates, and subsidiaries (individually and collectively, "Biqmind", "we", "us" or "our").
The "Services" we provide or make available includes (a) the Site, (b) the services provided by the Site and by the Biqmind client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service.
BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE.
Biqmind has the right to revise these Terms of Service at any time without providing notice to its users. Your continued use of the Services, this Site, or your Account, shall be deemed irrevocable acceptance of those revisions.
Biqmind reserves the right to change, modify, suspend or discontinue any portion of this Site or the Services at any time, and to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
Your privacy is very important to us at Biqmind. Please review the Privacy Policy to understand how Biqmind collects and uses the information associated with your Account and/or your use of the Services. These Terms of Service incorporate the Privacy Policy by reference. By using the Services or agreeing to these Terms of Service, you consent to Biqmind's collection, use, disclosure and/or processing of your Content and personal data as described in the Privacy Policy.
Biqmind grants you a limited license to access and use the Services subject to the terms and conditions of these Terms of Service for personal use only. This license does not allow you to make any commercial use or any derivative use of the Services. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Biqmind and where applicable, third party proprietors identified in the Site.
You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Biqmind.
Unless accompanied by a separate license agreement, any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. The software is licensed, not sold, and Biqmind reserves all rights to the software not expressly granted by Biqmind. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Biqmind.
Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated.
You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, and (c) immediately notify Biqmind of any unauthorised use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you.
Biqmind may for any reason, in its sole discretion and without notice or liability, immediately terminate your Account and remove or discard from the Site any Content associated with your Account. Grounds for such termination may include extended periods of inactivity, violation of these Terms of Service, fraudulent, harassing, defamatory, threatening or abusive behaviour, or behaviour that is harmful to other users, third parties, or the business interests of Biqmind.
If your Account remains inactive for more than 6 months, Biqmind has the right to delete or deactivate your Account.
If there is a charge associated with the purchase of any product listed on the Site or any portion of the Services, you agree to pay that charge. The price stated for the products and Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges.
By providing Biqmind with a payment method, you represent that you are authorised to use the payment method provided, that any payment information you provide is true and accurate, and you authorise Biqmind to charge you for the Services using your preferred payment method.
We may change the price of the products and/or any Service at any time. Unless otherwise provided by applicable law or by the express terms of a Service offer, all purchases are final and non-refundable.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BIQMIND OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you.
IN NO EVENT SHALL BIQMIND BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, EVEN IF BIQMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your only right with respect to any problems or dissatisfaction with the Services is to terminate your Account and discontinue any use of the Services.
Some jurisdictions do not allow the limitation of liability, so some or all of the foregoing limitations may not apply to you.
The links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Biqmind in any manner whatsoever and you therefore access them at your own risk. Biqmind is in no manner responsible for the contents of any such linked site or any link contained within a linked site. The inclusion of any link does not imply or express affiliation, endorsement or sponsorship by Biqmind of any linked site and/or any of its content therein.
The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth within these Terms of Service or if you fail to comply with any term or condition of these Terms of Service.
You agree not to:
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Biqmind does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content.
By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary permissions to grant the licenses below to Biqmind. You hereby grant Biqmind and its successors an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels.
Any material, information or idea you post on or through the Services, or otherwise transmit to Biqmind by any means (each, a "Submission"), is not considered confidential by Biqmind and may be disseminated or used by Biqmind or its affiliates without compensation or liability to you for any purpose whatsoever.
Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. Biqmind is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content.
The Services may contain links to third-party websites, products, services and offers. These third-party links, products, websites and services are not owned or controlled by Biqmind. Biqmind has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties.
If you believe a user on our Site is violating these Terms of Service, please contact support@biqmind.com.
If you believe that your work has been copied, displayed, or distributed in a way that constitutes copyright infringement pursuant to the Copyright Act (Chapter 63), please notify our Copyright Agent. A notification of claimed infringement must be a written communication that includes substantially all of the following:
The Biqmind Copyright Agent can be reached by email: support@biqmind.com. The Copyright Agent will only respond to claims involving alleged copyright infringement.
You represent and warrant that:
You agree to indemnify, defend and hold harmless Biqmind, and its shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses incurred by any Indemnified Party arising out of or relating to your (a) violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, or (b) use or misuse of the Services.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
Biqmind reserves all rights not expressly granted herein. Biqmind may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Service.
Nothing in these Terms of Service shall constitute a partnership or joint venture between you and Biqmind. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Biqmind's affiliates and subsidiaries. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. Any legal proceeding arising out of or relating to these Terms of Service will be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
If you have any questions or concerns about these Terms of Service, please contact us at: support@biqmind.com.