We update this document from time to time. This version was last updated as at: 22 October 2019

Further updates will be continually posted at: link

These Terms and Conditions (together with the documents referred to in it which are hereby incorporated by reference) (collectively, “Website T&Cs”) tells you the terms of use on which you may make use of the website at https://www.zensorium.com/ (“Website”) as provided by Nitto Denko Asia Technical Centre Pte Ltd and its related companies or subsidiaries https://www.nitto.com/sea/en/about_us/corporate/group/southeastasia/nat/ (“Nitto Denko”, “us”, “we”, “our”, or “ours”).

Use of the Website includes accessing, browsing, or using any functions and services which may be offered on or made available through the Website (collectively “Website Functions”).

Any use of the Website, whether generally accessible By using the Website or the Website Functions, you hereby agree to be legally bound by these Website T&Cs and to comply with them. If you do not agree to these Website T&Cs, please leave the Website and cease use of the Website and/or the Website Functions immediately.

We reserve the right to change, modify, suspend or discontinue the whole or any portion of the Website Functions or the Website at any time. We may also impose limits on Website Functions or restrict your access to parts or the entire Website Functions, or the Website without notice or liability.

We may from time to time modify, vary or amend these Website T&Cs at any time by posting the amended Website T&Cs at this Website. Such modification shall be effective immediately upon posting on the Website. Any use of the Website Functions or the Website after the amendment of these Website T&Cs shall be deemed to be acceptance of the amended Website T&Cs by you. If you do not agree to the amended Website Conditions, you have the right to cease your use of the Website Functions.

SECTION 1: INTRODUCTION

Generally accessible Website Functions

Access to generally accessible Website Functions, or generally accessible parts of the Website (“Public Site”) are subject to these Website T&Cs, and to the Privacy Policy (see section 11) herein.

Specially Accessible parts of the Website

Not all parts of this Website are generally accessible to the public. Parts of the Website may be restricted (“Restricted Access Areas”). You may be accessing the Website as a user of ZENSORIUM, whether for yourself or as a representative of an organisation which is using ZENSORIUM. Where so, your use of the Website will be of the Restricted Access Areas.

Access to such areas is restricted and you may only access those parts of the Websites, and any other subsequent functions or features with the use of secure user credentials (“User Credentials”). You will be prompted to enter these User Credentials before accessing such Restricted Access Areas.

Access to or use of the Restricted Access Areas are further subject to the following terms and conditions (“Restricted Access Area Documents”):

1. The ZENSORIUMTM End User Licence Agreement (including ZENSORIUM Firmware licence and SaaS licence) (“EULA”) – the terms of which can be found here at: link; and/or
2. ZENSORIUMTM SDK & API Licence Agreement – the terms of which can be found here at: link; and
3. The ZENSORIUMTM End User Data Protection Policy – the terms of which can be found here at: link.

In relation to any access or use of the Restricted Access Areas, any contradiction between these Restricted Access Area Documents and these Website T&Cs will be resolved in favour of the Restricted Access Area Documents to the extent necessary to resolve such conflict.

SECTION 2: PUBLIC SITE IS INFORMATIONAL PURPOSES ONLY

1. The Public Site is made available only for informational purposes

2. The Website or Website Functions may display, publish or make available content that is not provided or published by us. Such content is the sole responsibility of the person or entity that makes it available. We are not responsible for such content, and we do not have control over the selection thereof, nor do we routinely monitor such content. Nitto Denko makes no representations or warranties as to the veracity or accuracy of such content, the reproduction and use of which may be governed by the third party content provider’s terms of use.

3. You acknowledge and agree that all content made available on the Website or obtained via the Website Functions are of a general nature and do not purport, and shall not in any way be understood as constituting an offer or provision of any offer, representation or guarantee relating to any products and/or services, and in any event should be used, accepted and relied upon only with care and discretion and at your own risk, and Nitto Denko shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

4. Any company names, products, services and branding cited or used on the Website or the Website Functions may be trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by Nitto Denko.

5. You hereby acknowledge and agree that the Website and Website Functions may use transmissions over the Internet which are never completely private or secure and that any information transmitted to the Website may not be confidential and acknowledge that you have no expectation of privacy with respect to such information, subject always to the Website’s Personal Data Policy.

6. You agree that:

1. Nitto Denko shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Website or Website Functions without assigning any reason; and
2. access to or the operation of the Website and/or the Website Functions may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,

And in any such event, Nitto Denko shall not be liable for any loss, liability or damage which may be incurred as a result.

SECTION 3: INTELLECTUAL PROPERTY RIGHTS

7. The intellectual property rights in and to the Website, Website Functions and all the content of the Website, including the text, information, news, graphics, images, logos and button icons, notices, software (including HTML-based computer programs) and the copyright (“Nitto Denko Content”) are either owned by us or are licensed to us.

8. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Nitto Denko or other third parties and all rights to the Marks are expressly reserved by Nitto Denko or relevant third parties. You are not permitted to use any Marks without the prior written consent of Nitto Denko or such third party. The name of Nitto Denko or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Nitto Denko.

9. The domain name on which the Website is hosted on is the sole property of Nitto Denko and you may not use or otherwise adopt a similar name for your own use.

10. You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to (unless otherwise expressly permitted in accordance with written law):

1. the Website;
2. any of the Website Functions; or
3. any Nitto Denko Content, except to the extent expressly permitted in these Website T&Cs or with the prior written consent of Nitto Denko.

11. Without prejudice to the generality of the foregoing, you agree not to reproduce, display or otherwise provide access to the Website and/or the Website Functions, Nitto Denko Content on another website or server, for example through linking, framing, mirroring or any other technological means whether available now or in the future unless the prior written consent of Nitto Denko is obtained.

12. You may, for your personal, internal and non-commercial use only, download or print one copy of the information available on the Website. Permission to reprint or electronically reproduce any part of the Website, Website Functions, Nitto Denko Content whether in whole or in part for any other purpose is expressly prohibited without Nitto Denko's prior written consent

13. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Nitto Denko Content available on the Website or provided through a Website Function except under the specific circumstances expressly permitted by law or Nitto Denko in writing.

SECTION 4: ONLINE CONDUCT

14. The Website and Website Functions are made available for your non-commercial use only.

15. Without prejudice to the foregoing you hereby undertake:

1. to comply with these Website T&Cs, and such other notices or guidelines that may be posted on the Website by Nitto Denko from time to time (which are hereby incorporated by reference into these Website T&Cs);
2. not to use any Website Function or Nitto Denko Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
3. not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Website or the Website Functions, including without limitation denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
4. not use any information obtained from the Website or the Website Functions to harass, abuse or harm another person.

16. The following are some examples of the activities which are illegal or prohibited on the Website:

1. modifying, adapting, translating, or reverse engineering any portion of the Website or the Website Functions;
2. removing any copyright, trademark or other proprietary rights notices contained in or on the Website or the Website Functions;
3. reformatting or framing any portion of the web pages that are part of the Website or Website Functions; or
4. transmitting any viruses, worms, defects, Trojan horses or other harmful elements.

17. Nitto Denko reserves the right (but is not obliged) to investigate and take appropriate action in its sole discretion against any person who partakes in any such activities.

SECTION 5: DISCLAIMERS AND LIMITATIONS

18. DISCLAIMER: THIS SITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE ON AN "AS IS AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, you irrevocably agree and acknowledge that:

1. the Website (together with any Website Functions or other content or information provided by or through the Website) are provided on an “as is” and “as available” basis, with all faults and without any warranty of any kind. Your use of the Website and Website Functions is at your own risk and you are responsible for compliance with all applicable laws;
2. we convey the information available on the Website without responsibility for accuracy and any errors contained in such information shall not be made the basis for any claim, demand or cause of action;
3. we do not warrant that the content on this Website, the Website or any of the Website Functions will be free of interruption or that the Website is free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties. Nitto Denko is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, any human or electronic error, including but not limited to queries or job applications that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged;
4. Nitto Denko does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any of the products or services offered or made available by any third party on or through the Website or the Website Functions, and Nitto Denko hereby expressly disclaims all liabilities and responsibilities arising in relation to any such products or services whether available or advertised via the Website or on a third party website;
5. we do not warrant that the Website Functions contained in or performed or enabled by or through the Website will meet your requirements, that the operation of the Website and/or Website Functions will be uninterrupted or error-free, or that defects in the Website and/or Website Functions will be error-free. Without prejudice to the foregoing, Nitto Denko does not warrant and hereby disclaims any representation, warranty or term with respect to the Website or the Website Functions, whether express, implied or statutory;
6. we are not liable for any delay or failure of the Website to perform. There is no guarantee that you will be able to access the Website whenever and wherever desired. There may be extended periods of time when you cannot access the Website for various reasons, many beyond our control; and
7. any attempt by any individual to deliberately damage any online service or website or undermine the legitimate operation of the site is a violation of criminal and civil laws and should such an attempt be made, Nitto Denko reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

20. You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the Website and any Website Functions and performed by or accessed through the Website is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

SECTION 6: LIMITATION OF LIABILITY

21. To the maximum extent allowed under applicable law:

1. Nitto Denko, our affiliates, our related companies, members, officers, employees, agents, partners and service providers shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Website or Website Functions, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection with any reliance on any other content or any other information made available or accessed on or through the Website or contained in or available from the Website or your use or reliance on any products or services on, available or accessed via the Website and / or the Website Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
2. 22. in no event shall Nitto Denko, our affiliates, our related companies, members, officers, employees, agents, partners and service providers be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Website or any third party software or applications in conjunction with the Website, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.

23. In no event shall Nitto Denko, our affiliates’, our related companies’, officers’, employees’, agents’, partners and service providers’ total liability to you for any and all damages not excluded (other than as may be required by applicable law in cases involving personal injury) exceed in aggregate Ten Singapore Dollars (SGD 10).

SECTION 7: TERMINATION

23. We reserve the right to terminate or suspend your use of the Website without prior notice to you, at any time and for any or no reason whatsoever. Without limiting the foregoing, if you breach these Website T&Cs or conduct yourself in a manner that we deem to be detrimental to the integrity, security and operation of the Website, the Website Functions or any information systems connected or in operation with the same, we reserve the right to suspend or permanently terminate your access to the Website and the Website Functions for any reason in our sole and absolute discretion.

24. You agree and acknowledge that any suspension or termination of your access to the Website may be effected without prior notice, and agree that we may immediately deactivate your access to the Website. Further, you agree and acknowledge that to the maximum extent permitted by law, we shall not be liable for the discontinuation or termination of your access to the Website.

SECTION 8: INDEMNITY

25. You agree to indemnify, defend and hold harmless Nitto Denko, its officers, directors, employees, agents, affiliates and related companies from and against all claims, demands, losses, expenses, damages, costs and liability, including reasonable attorneys' fees, arising out of or relating to any breach of these Website T&Cs or any other wrongful activity related to use of the site (including but not limited to negligent or wrongful conduct) by you. This clause shall survive the termination or expiration of these Website T&Cs (howsoever caused).

SECTION 10: OTHER TERMS

27. By submitting queries to us through our Website Functions, you also agree to conduct business with us electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our Website. We also reserve the right to effect delivery of notices or disclosures by posting to our Website with no email transmission, to the extent permitted by applicable law.

28. While Nitto Denko welcomes links to our Website from other websites, we, in no way, operate, control or endorse linking sites and reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Website, you must link to our home page at https://www.zensorium.com/, and even then only with our written consent.

29. We may provide links to third party sites. We have no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.

30. You further acknowledge that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.

31. We do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, Nitto Denko shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.

32. You may not transfer any rights or obligations you may have under these Website T&Cs. We reserve the right to transfer or to subcontract any right or obligation under these T&Cs at our sole discretion without your consent.

33. If any term or provision of these Website T&Cs is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect these Website T&Cs’ other terms or provisions, or the whole of these Website T&Cs, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and these Website T&Cs’ purposes.

34. A person who is not a party to these Website T&Cs has no right to enforce or enjoy the benefit of any term of these Website T&Cs under the Contracts (Rights of Third Parties) Act (Chapter 53B).

35. These Website T&Cs shall be governed and construed in accordance with the laws of Singapore.

36. All disputes, controversies or differences arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the courts of Singapore.

SECTION 11: PRIVACY & PERSONAL DATA POLICY

37. Your privacy is important to us. The purpose of this Personal Data Policy is to inform you of how we manage personal data (“Personal Data”) in accordance with data protection laws (“DP Laws”). Please take a moment to read this Personal Data Policy so that you know and understand the purposes for which we collect, use and disclose your Personal Data.

38. By interacting with or submitting information to us, you acknowledge that you have read and understood this Personal Data Policy and agree and consent to us, as well as our respective representatives collecting, using, disclosing and sharing amongst themselves your Personal Data, and disclosing such Personal Data to Nitto Denko’s authorised service providers and relevant third parties in the manner set forth in this Personal Data Policy.

39. This Personal Data Policy supplements but does not supersede nor replace any other consents you may have previously provided to Nitto Denko nor does it affect any rights which Nitto Denko may have at law in connection with the collection, use or disclosure of your Personal Data. Nitto Denko may from time to time update this Personal Data Policy to ensure that this Personal Data Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. Subject to your rights at law, you agree to be bound by the prevailing terms of the Personal Data Policy as updated from time to time on our websites. Please check regularly for updated information on the handling of your Personal Data.

39.1 In this Personal Data Policy, “Personal Data” also refers to any data or information about you, whether true or not, from which you can be identified either (a) from that data; or (b) from that data and other information to which we have or are likely to have access. Examples of such Personal Data which you may provide to us include (depending on the nature of your interaction with us):

1. your name, NRIC, passport or other identification number, telephone number(s), mailing address, email address and any other information relating to you which you have provided us in any forms you may have submitted to us, or in other forms of interaction with you;
2. information about your use of Nitto Denko’s website and services, including cookies and IP address, but only to the extent that Nitto Denko may identify you from such information;
3. your employment history, education background, and income levels;
4. information about your usage of and interaction with our website and/or services including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our website.

Collection of Personal Data

40. Generally, Nitto Denko collects your Personal Data in the following ways:

1. when you submit queries or requests relating to any of our products or services;
2. when you request that we contact you;
3. when you respond to our request for additional Personal Data;
4. when you submit a job application;
5. when we receive references from business partners and third parties, for example, where you have been referred by them;
6. when you submit your Personal Data to us for any other reason.

41. When you browse our website, you generally do so anonymously but please see the section below on cookies.

42. If you provide us with any Personal Data relating to a third party (e.g. information of your dependents, employees and/or authorised representatives), by submitting such information to us, you represent to us that you have obtained the consent of the third party to you providing us with their Personal Data for the respective purposes.

43. You should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with products and services you have requested.

Purposes for the Collection, Use and Disclosure of Your Personal Data

44. Generally, Nitto Denko collects, uses and discloses your Personal Data for the following purposes:

1. responding to your queries and requests and responding to complaints;
2. managing the infrastructure and business operations of Nitto Denko and complying with internal policies and procedures;
3. verifying your identity;
4. preventing, detecting and investigating crime, including fraud and money-laundering, and analyzing and managing other commercial risks;
5. protecting and enforcing our contractual and legal rights and obligations;
6. conducting audits, reviews and analysis of our internal processes, action planning and managing commercial risks;
7. preventing, detecting and investigating crime and managing the safety and security of our premises and services (including but not limited to carrying out CCTV surveillance and conducting security clearances);
8. compliance with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities; and/or
9. any other purpose reasonably related to any of the above.

45. In relation to particular products or services or in your interactions with us, we may also have specifically notified you of other purposes for which we collect, use or disclose your Personal Data. If so, then we will collect, use and disclose your Personal Data for these additional purposes as well, unless we have specifically notified you otherwise.

Disclosure of Personal Data

46. Nitto Denko will take reasonable steps to protect your Personal Data against unauthorised disclosure. Subject to the provisions of any applicable law, this Personal Data may be disclosed, for the purposes listed above (where applicable), to the following third parties, whether they are located overseas or in Singapore:

1. Nitto Denko affiliates;
2. agents, contractors or third party service providers who provide operational services to Nitto Denko, such as telecommunications, information technology, payment, payroll, processing, training, market research, storage, archival or other services to Nitto Denko;
3. the credit bureau, or in the event of default or disputes, any debt collection agencies or dispute resolution centres;
4. any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale);
5. anyone to whom we transfer or may transfer our rights and duties;
6. banks, credit card companies and their respective service providers;
7. our professional advisors such as our auditors and lawyers;
8. any relevant government regulators or authority or law enforcement agency; and
9. any other party to whom you authorise us to disclose your personal data

Use of cookies

47. When you interact with us on our website, we may collect or analyse anonymised information from which individuals cannot be identified (“Aggregate Information”), such as number of users and their frequency of use, the number of page views (or page impressions) that occur on the website and common entry and exit points into website. Nitto Denko uses "cookies", where a small data file is sent to your browser to store and track Aggregate Information about you when you enter our websites. The cookie is used to track information such as the number of users and their frequency of use, profiles of users and their preferred sites. Should you wish to disable the cookies associated with these technologies, you may do so by changing the setting on your browser. However, you may not be able to enter certain part(s) of our website.