Legal Matters

Terms  that are important to both myda and customers and infomraiton on how we process your data.

Terms of Use

Last Updated: 10 Jan 2019

Overview

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”)

Interpretations

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.

Third Party Terms of Use: any terms and conditions of use imposed by any third party in connection with the Applications or the Customer’s use thereof.

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;

Subscriptions

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:

  • Instructions or User Manual provided by the Supplier; and
  • Third Party Terms of Use (provided that reasonable endeavours have been made by the Supplier or any third party to bring such Third Party Terms of Use to the Customer’s attention).

The customer shall not;

  • except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
  • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of any of the Applications in any form or media or by any means; or
  • attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the (or any part of the) Applications; or
  • access any of the Applications in order to build a product or service which competes with the Applications; or
  • use the Applications to provide services to third parties; or
  • subject to terms in Assignment section, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Applications available to any third party, or
  • attempt to obtain, or assist third parties in obtaining, access to the Applications other than as provided under the terms of this section.
  • The rights provided under this clause are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.

License

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.

Myda Obligations

The parties agree that:

  • The Supplier shall use reasonable skill and care in providing the Applications to the Customer.
  • The Supplier will, at its reasonable expense, use reasonable commercial endeavours to correct any defect in the Applications promptly, or provide the Customer with an alternative means of accomplishing the desired performance, in case of any non-conformity. The Customer acknowledges that such correction or substitution constitutes the Customer's sole and exclusive remedy for any failure by the Supplier to exercise reasonable skill and care.

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:

  • planned maintenance carried out during any maintenance windows; and
  • unscheduled maintenance performed outside Normal Business Hours.
  • In respect of the foregoing, the Supplier shall use commercially reasonable endeavours to give the Customer as much notice as reasonably practicable of any planned or unscheduled maintenance.

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

Customer Obligations

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.

Charges and Payments

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:

  • upon completion of the Order; and
  • subject to clauses in Term and Termination section, every 30 days thereafter during the Subscription Term (the Due Dates).

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:

  • the Supplier may, without liability to the Customer, disable the Customer's password, account and access to all or any of the Applications and the Supplier shall be under no obligation to provide any or all of the Applications whilst payment remains outstanding; and
  • interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of Barclays Bank PLC from time to time, commencing on the relevant Due Date and continuing until fully paid, whether before or after judgment.


All amounts and fees stated or referred to in this agreement:

  • shall be payable in pounds sterling;
  • are non-cancellable and non-refundable;
  • are exclusive of value added tax, which shall be added (if applicable) at the appropriate rate.

Your Data

The parties agree that:

  • the Customer shall own all right, title and interest in and to all of the Customer Data; and
  • the Supplier shall have the right to access and use such Customer Data as it sees fit including (but not limited to) for the purposes of the creation and subsequent sale of market intelligence.

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:

  • all Customer Data is accurate, reliable and not in breach of any applicable law or regulation; and
  • it is entitled to grant the rights of access and use of the Customer Data to the Supplier under Your Data section and has obtained all necessary consents and permissions (if any) required to do so.

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:

  • provide the Customer with use of the services contemplated by this agreement; and
  • comply with any other obligations placed upon the Supplier under this agreement;

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.

Proprietary Rights

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.

Confidentiality

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:

  • is gathered by the Supplier through the use of Customer Data and used by the Supplier (generically and without reference to personal information) for the purposes of the creation and sale of market intelligence, as envisaged by Your Data section.
  • is or becomes publicly known other than through any act or omission of the receiving party;
  • was in the other party's lawful possession before the disclosure;
  • is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
  • is independently developed by the receiving party, which independent development can be shown by written evidence; or
  • is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

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.

Privacy Policy

Last Updated: 10 Jan 2019

1. Overview

Please read this “Privacy Policy” carefully as it outlines important information relating to to your personal data, covering how we collect, retain, use and disclose your personal information. This Privacy policy applies to all of the websites, applications and services with references to this Policy.

  • You agree that myda may collect and store your personal details and use it;
  • to be able to perform our contractual obligations to you and the businesses where you are an authorised member;
  • to process and manage our administrative initiatives to be support you with the usage of our services;
  • to deliver information to you that we may believe relevant to you, subject to your consent which can be withdrawn anytime, in line with this Privacy Policy.

1.1 Who we are

This Privacy Policy applies to all products, applications and services offered by myda pte ltd (a company incorporated in Singapore with company registration number 201704734W and registered office at 120 Robinson Road, #08-01, Singapore 068913 and its affiliates across the world. This privacy policy is not applicable to any products, applications or services that have a separate privacy policy.

1.2 Collection of Data

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:

  • register / signup to use our products, applications and services;
  • use our products, applications and services;
  • when you place and order for a product or subscribe to an application or services;
  • contact us for any enquiries as well when completing any forms including quote requests and demo requests;
  • interact with us via social media and other mediums including telephone, fax, sms, email and post.

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..

1.3 Use of your Data

To the extent admissible under applicable law, we use your data to:

  • provide any data and services that you have requested or any product or application or services you have ordered or subscribed to;
  • provide, maintain, protect and improve any of our products, applications and services and information that you may have requested from us;
  • measure and administer your use of our products, applications and services you may use;
  • perform any internal testing our products, applications, systems and services to improve their security, provision and performance.
  • provide you with any information that we are required to send you to comply with our legal requirements;
  • deliver targeted advertising, marketing, or information to you which may be relevant to you;
  • contact you to see if you would be interested in new products or applications or services myda may introduce as well as for feedback;
  • detect, investigate, prevent any illegal or prohibited activities or to otherwise protect our legal rights;

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:

  • deliver advertising, marketing or information to you which we may believe relevant to you;
  • conduct research and development to improve our products, applications and services as well as to create new products, applications and services;

GDPR Compliance

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.

FAQ

We have answered some of the questions asked mostly below.

Who owns the data? 

Myda is a facilitator and does not own any data. The data owner is the person or company that inputs the data.

Who has access to my 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.

What happens to my data if I stop paying?

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.

Can I request a refund? 

Our paid services are billed monthly in advance and are non-refundable.