Terms that are important to both myda and customers and infomraiton on how we process your data.
Last Updated: 10 Jan 2019
This Myda General Terms of Service (“Agreement”) is a legal agreement between Myda Pte, Ltd (“myda”, “supplier”, “we”, “our” or “us”) and the entity or person (“Customer”, “You”, “Your”, or “user”) who signs up on the myda account page to receive certain Software, Analytics, Intelligence, benchmarking and other business services that may be offered by myda (each, a “Service”)
The definitions and rules of interpretation in this clause apply in this agreement.
Services: the Services provided by myda.
Authorised Users: the employees of the Customer who are authorised by the Customer to use the Applications.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Business Details: all details of the Customer’s business (whether or not entered by the Customer) on the Biits Website.
Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in Confidentiality section.
Customer: the firm contracting with the Supplier under this agreement.
Customer Data: any and all data inputted by the Customer into the:
Due Dates: has the meaning given to it in Charges and Payment section.
Event of Default: has the meaning given to it in Term and Termination section.
Initial Subscription Term: 1 month, 12 months, 24 months or 36 months, as selected by the Customer during the Subscription process.
Instructions: any user instructions issued by the Supplier from time to time in relation to an Application.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
Normal Business Hours: 8.00 am to 6.00 pm local time in the United Kingdom, each Business Day.
Subscription: the Customer's order for an Application or Remote Access Application, as applicable.
Purchase Order Form: the details of the Order provided to the Customer prior to the Order’s completion.
Renewal Period: has the meaning given to it Term and Termination section.
Subscription Fees: the subscription fees initially set out in the Purchase Order Form, as may be amended from time to time, payable monthly by the Customer to the Supplier for any or all of the Chargeable Applications.
Subscription Term: has the meaning given to it in Term and Termination section.
Supplier: Myda Pte Ltd, incorporated and registered in Singapore with company number 201704734W whose primary business address is at Samsung Hub #25-01, 3 Church Street, Singapore 049483.
User Manual: any user manual issued by the Supplier from time to time in relation to an Application.
Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to a statute or statutory provision is a reference to it as it is in force as at completion of the Order.
A reference to a statute or statutory provision shall include all subordinate legislation made under that statute or statutory provision as at completion of the Order.
A reference to writing or written includes e-mail but does not include fax.
References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule to this agreement;
Subject to the Customer subscribing for a Service in accordance with the Supplier’s requirements as notified to the Customer during the Order process and, if the Service is a Chargeable Service making payment in accordance with Charges and Payments section, the Supplier shall grant to the Customer a non-exclusive, non-transferable right to use such Service during the Subscription Term in accordance with the terms of this agreement and solely for the Customer's internal business operations.
The Customer shall use each Service in accordance with any:
The customer shall not;
Subject to the Customer subscribing for a Service in accordance with the Supplier’s requirements as notified to the Customer during the Order process, the Supplier shall grant the Licence to the Customer to use the relevant Remote Access Application.
The Customer undertakes to comply with the terms of the Licence and agrees that any breach by the Customer of the terms of the Licence shall constitute a material breach of the terms of this agreement.
The parties agree that:
Notwithstanding the foregoing, the Supplier does not warrant that the Customer's use of the Applications will be uninterrupted or error-free; or that the Applications and/or the information obtained by the Customer through the Applications will meet the Customer's requirements. The Supplier shall not be responsible for: (a) any non-conformance, defect or error which is caused by any use of the Applications contrary to the Supplier's instructions (including non-compliance with the relevant Instructions or Manual); (b) any modification or alteration of the Applications (other than as expressly permitted by this agreement); or (c) any server outages or loss of network connection, delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that its use of the Applications may be subject to limitations, delays and other problems inherent in the use of such facilities.
The Supplier shall use commercially reasonable endeavours to make the Applications available at all times except for during times of:
The Supplier will, as part of its provision of the Applications and at no additional cost to the Customer, provide the Customer with the Supplier's standard customer support services during Normal Business Hours.
This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreements
The customer shall provide the Supplier with:
all necessary co-operation in relation to this agreement; and
all necessary access to such information as may be required by the Supplier;
Including but not limited to Customer Data, supplier data, inventory, transactions, expenses, etc, security access information and configuration details of services;
comply with all applicable laws and regulations with respect to its activities under this agreement (and for the avoidance of doubt the Customer shall be responsible for making itself aware of such laws and regulations);
carry out all other responsibilities of the Customer as set out in this agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, the Supplier may adjust any agreed timetable as reasonably necessary;
ensure that all Authorised Users use the Applications in accordance with the terms and conditions of this agreement and, for the avoidance of doubt, the Customer shall be responsible for any Authorised User's breach of this agreement;
obtain and shall maintain all necessary licences, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this agreement, including without limitation the provision to the Customer of any of the Applications;
ensure that its network and systems comply with the information provided in the relevant specifications provided by the Supplier from time to time;
be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet;
use all reasonable endeavours to ensure that its Business Details are accurate and not misleading in any way and, in the event that the Supplier in its sole discretion deems such Business Details to be incorrect or misleading, the Supplier shall have the right to amend the Customer’s Business Details as it sees fit;
use all reasonable endeavours to prevent any unauthorised access to, or use of, the Applications and, in the event of any such unauthorised access or use, the Customer shall immediately notify the Supplier in writing.
In the event that the Customer subscribes to any of the Chargeable Service, the Customer shall pay the Subscription Fees to the Supplier in accordance with this clause.
During the Order process the Customer shall provide to the Supplier valid, up-to-date and complete debit or credit card details and the Customer hereby authorises the Supplier to bill such debit or credit card for the Subscription Fees:
If the Supplier has not received payment within 5 days of any Due Date, without prejudice to any other rights and remedies of the Supplier:
All amounts and fees stated or referred to in this agreement:
The parties agree that:
For the avoidance of doubt in relation to the foregoing, the Supplier shall exercise such rights of access and use of the Customer Data in reliance on the warranties given by the Customer in terms set out in Your Data section.
The Customer warrants and undertakes to the Supplier that:
The Supplier shall use commercially reasonable endeavours to follow its archiving procedures for Customer Data and in the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Supplier in accordance with the archiving procedure referred to above. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party
The Supplier shall, in providing the Applications, comply with its policy relating to the privacy and security of the Customer Data (if any).
For the purposes of the Supplier’s provision of any of the Applications to the Customer, in the event that the Supplier processes any personal data on the Customer's behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer is located in order to:
Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer's behalf (or otherwise);
Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and
each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
The Customer acknowledges and agrees that the Supplier (and/or its licensors) own all Intellectual Property Rights in the Services and this agreement does not grant the Customer any Intellectual Property Rights, or (except where expressly stated) any other rights or licences in respect of the Applications.
Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party's Confidential Information shall not be deemed to include information that:
Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement.
Each party Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
The Customer acknowledges that details of the Applications (and the Remote Access Applications), and the results of any performance tests of the Applications (and the Remote Access Applications), constitute the Supplier's Confidential Information.
Subject to terms in Your Data section, the Supplier acknowledges that the Customer Data is the Confidential Information of the Customer.
No party shall make, or permit any person to make, any public announcement concerning this agreement without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
The above provisions of this section shall survive termination of this agreement, however arising.
Last Updated: 10 Jan 2019
To the extent of admissible under applicable law and required to deliver our contractual obligation to you and subject to your consent, we collect information about you and ay other party (ex: your staff, customers and suppliers) when you:
The data we collect includes but not limited to your name, your business name, addresses, contact details including telephone, mobile, email and postal addresses, payment details, details of users, customers and suppliers you may provide. When you provide us with personal information about someone else, you are responsible for ensuring that you comply with all legal obligations and consent obligations under applicable data protection laws in relation to such disclosure.
we will also collect information when a form partially completed or information is partially provided and abandoned. myda may use this information to contact you to remind you to complete any outstanding information and/or for marketing purposes.
we will also collect information from your devices (including mobile devices and pos terminals) and application and services you or your users use to access and use any of our products, websites, applications and services. This includes but not limited to device identification number, type, location information, etc..
To the extent admissible under applicable law, we use your data to:
To the extent admitted by the applicable law, we retain information about you after the termination of services you may have received from us or your service is terminated or refused by myda. This information will be held and used for as long as admitted for legal, regulatory, fraud prevention and legitimate business purposes.
In addition to the purpose described in this section, we may also use information gathered to deliver targeted advertising, marketing or information to you which we may believe useful to you.
Myda may use information you have added, generated and stored during your use of our products, applications and services for our legitimate business interests to enable to us provide you the best customer experience and services as well as new products, applications and services. These purposes include but not limited to:
Last Updated: 10 Jan 2019
The GDPR (General Data Protection Regulation) is an EU Regulation that significantly enhances the protection of the personal data of EU citizens and increases the obligations on organisations who collect or process personal data. The regulation builds on many of the 1995 Directive’s requirements for data privacy and security, but includes several new provisions to bolster the rights of data subjects and add harsher penalties for violations. The regulate came into effect on May 25th, 2018.
Myda is compliant with GDPR and you have any questions about how we collect and process your data, please contact us.
We have answered some of the questions asked mostly below.
Myda is a facilitator and does not own any data. The data owner is the person or company that inputs the data.
As customers, you can decide who has access to your data and you are in full control of your data. Apart from you no-one else will have access to your data.
The tools that helps you manage your data is offered to you by Myda for absolutely free. Therefore, you will always have access to your data unless you delete them permanently.
Our paid services are billed monthly in advance and are non-refundable.