Welcome to Bravely (our “Platform”). Our Platform is intended to act as a tool to support Professionals in their work with clients, as well as providing a source of information related to mental wellbeing, and in recording, tracking and evaluating data on life habits and psychological well-being.
We license use of our Platform to you on the basis of this Agreement. We do not sell our Platform to you and we remain the owner of our Platform at all times.
IMPORTANT NOTICE TO ALL USERS:
- THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN PARAGRAPHS 6 AND INDEMNITY IN PARAGRAPH 7.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE USE OF OUR PORTAL TO YOU AND YOU MUST NOT USE OUR PORTAL.
You should print a copy of this Agreement for future reference.
The provisions set out in this Agreement govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use our Platform.
Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use our Platform on the terms of this Agreement.
By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using our Platform, you confirm that:
you have read the terms set out in this Agreement and agree to be bound by and comply with them; and
you are 18 years old and above. We may ask for proof of age before you can register for an account with us. If we learn that any account has been created directly by a minor under 18 years of age, we may terminate or suspend access to that account.
- any account used by a minor under the age of 18 years, must be created by a parent or guardian. In these circumstances the agreement is made between us and that parent or guardian, and any usage of our services by that minor is considered the responsibility of that parent or guardian.
You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your account at any time, or remove or edit content (including content submitted or posted by you) on our Platform or on any of our affiliated websites (including social media pages).
We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
Any Professional using our Platform assumes full responsibility for the outcome of their clients. We provide no oversight, direction or recommendation on the best course of treatment, management or direction. Any resources, readings, exercises or outcome measures are provided on an as-is basis, and usage, referral or recommendation of these is done based on the Professional's decision.
The following additional terms also apply to your use of our Platform and form part of this Agreement:
Our Acceptable Use Policy (see [Schedule 2]) sets out the permitted uses and prohibited uses of our Platform. When using our Platform, you must comply with this Acceptable Use Policy.
Some Services may require payment of fees before you can access or use them (such as but not limited to in-app purchases to unlock content or features of our Platform). These fees will be notified to you through our Platform and may be amended from time to time at our discretion.
- Payments may be in the form of recurring subscription payments or one-off payments, as defined by us.
Payment of all fees must be made in the required currency through the payment portals provided by Apple on the App store, and Google in the Play Store, or by any payment method listed on our Platform. We must receive payment in full in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever before we can provide the relevant Service(s) to you.
You shall be responsible for any applicable taxes (including any goods and services tax) under this Agreement.
By submitting each payment, you authorise us to transmit information about you from and to third parties from time to time, including but not limited to verification checks that we may be required to make involving payment in order to authenticate your identity, validate such payment, and enable us to make delivery of the purchased service or product to you. We will not be liable for any unauthorised disclosure or use of your information by third parties.
We will not process any payments that attempt to use an expired, incorrect or otherwise non-functioning credit or debit card (including but not limited to cards that have exceeded their limit). In the event that any such payment is processed, we reserve the right to collect any unpaid sums from you through an alternate payment method and to charge an administrative fee at our prevailing rates then in force for the same.
If you fail to make timely payment of any fees due to us, we may suspend or terminate your access to your account, our Platform and/or any of the Services.
Termination of your account for any whatever reason shall not entitle you to any refund of any fees paid to us.
Uploading content to our Platform
You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.
We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.
We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
to comply with all applicable technology control or export laws and regulations; and
not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
Intellectual property rights
You acknowledge that all intellectual property rights in or relating to our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with the terms of this Agreement.
You acknowledge that, where we do not own any of the intellectual property rights in any content on our Platform (such as but not including any content on the Platform), your use of such content is conditional on us obtaining a written licence or sub-licence from the relevant licensor(s) on such terms as will entitle us to license such rights to you.
We reserve the right to remove any content from the Platform at any time without liability or notice to you.
Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes and internal purposes.
You acknowledge that you have no right to have access to our Platform in source code form.
You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text (including any disclaimers, warnings, watermarks, copyright notices or trade names that we may attach to such materials).
Our status (and that of any identified contributors) as the authors of content on or downloaded from our Platform must always be acknowledged.
You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download or use any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We are not obliged to assist with dispute resolution between any users or to adjudicate on any such matter. In the event of any dispute, you are responsible for contacting the relevant parties involved in the dispute directly.
If you would like to raise any dispute with any Service, please contact us through our Platform with all relevant details of the dispute. We will endeavour to respond to your submission as soon as reasonably practicable. We may require you to furnish supporting evidence and documentation before we can process your submission.
We will review each submission on a case-by-case basis. We are not obliged at any time to review or respond to your submissions. We do not guarantee and/or warrant any return or replacement of a product, any refund of your fees or other resolution of a dispute in your favour. Our decision regarding each dispute shall be final.
Any dispute relating to a payment made through a third party payment vendor (such as but not limited to Google Pay or Apple Pay) may be referred to the appropriate third party for resolution. In such a case, we cannot guarantee a successful outcome for you or a refund of your purchase.
If you wish to delete your account on our Platform, kindly submit a request for termination of the account through our Platform via the “Contact” page on our website.
We reserve the right to suspend or deactivate your account or your access to our Platform or any Services at any time and without notice or liability to you. Upon such suspension or deactivation, we may delete your account and any information relating to or stored on such account. We will not be liable for any loss of data resulting from such deletion.
While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services, our Platform and the Related Content is at your sole risk.
To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services or Related Content, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
Limitation of Liability
You acknowledge that:
the content on The Platform is based on publicly available information, and personal experiences of individuals. We are only responsible for collating and curating such content; and
the "Track" feature of the platform is only intended to be used as a way to record and track aspects of your life and, using such data, evaluate your mental well-being; and
- any content, tools, techniques, messages, or wording shown to you in response to the information you enter into the Platform is not a diagnostic feature, and we are not responsible for your interaction, the way you choose to use it or the resulting outcomes.
We are not a medical organisation and are not responsible for providing any medical advice or diagnosis. The Platform should not be used as a replacement for a qualified medical profession, and you are responsible for seeking Professional advice for any medical condition you may have.
We are not responsible for any death, personal injury or other condition resulting from your reliance on the Platform, save where this results from our negligence. We also do not guarantee or warrant that you will recover from any medical (including psychological) condition, or that any such condition shall improve, as a result of the use of our Platform.
We only supply our Platform for use by individuals or Professionals. You agree not to use the Services, our Platform and the Related Content for any commercial, business or re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), under statute, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, Related Content, our Platform or any other website or software) for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss or corruption of data or information;
loss of business opportunity, goodwill or reputation; or
any other indirect or consequential loss or damage.
Nothing in this Agreement shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, Related Content and/or any websites or software in relation thereto or otherwise, and whether under this Agreement, any laws or regulations or otherwise.
Other important terms
We may transfer our rights and obligations under this Agreement to another person or entity, but this will not affect your rights or obligations under this Agreement.
You may only transfer your rights or your obligations under this Agreement to another person if we agree first in writing.
No joint venture, partnership or agency or employment relationship has arisen by reason of this Agreement.
This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this Agreement, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
BRAVELY TECH PTE. LTD. (“we” or “us”) is committed to protecting and respecting your privacy.
- By providing your Data to us, you consent to the collection, use, disclosure and transfer of your Data in the manner and for the purposes set out below.
INFORMATION WE MAY COLLECT
- We may collect and process the following data:
- information that you provide by filling in forms on Bravely (“our Platform”), including information provided at the time of registering to use our Platform, subscribing to any services provided by us, posting material, reporting a problem with our Platform, or requesting further services;
- information relating to your use or purchase of any of the services or products provided on our Platform;
- information that you have authorised a third party to release to us, including your instructor, school or student;
- responses entered through the mood or "Track" features, text, documents or images that you upload onto our Platform,
- details of transactions you carry out through our Platform;
- details of your visits to our Platform and the resources that you access;
- if you contact us, a record of that correspondence; and
- responses to surveys that we send to you, although you do not have to respond to them.
- We may also collect and process information about your device, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
WHERE WE STORE YOUR DATA
- All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Data, we cannot guarantee the security of your Data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
- We use information held in the following manner:
- to ensure that content from our Platform is presented in the most effective manner for you and your device;
- to provide you with information, products or services that you request from us, and to otherwise carry out our obligations arising from any contracts entered into between you and us;
- to provide you with information, products or services which we feel may interest you, where you have consented to be contacted for such purposes;
- to allow you to participate in interactive features of our service, when you choose to do so;
- to notify you about changes to our services;
- to investigate any complaints relating to the use of our Platform or any suspected unlawful activities; and
- for the purposes of data analytics, conducted on our behalf by third party vendors.
DISCLOSURE OF YOUR INFORMATION
- We may disclose your Data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act (Cap. 50).
- We may disclose your Data to third parties:
- for the purposes of providing products or services that you request from us, fulfilling our obligations arising from any contracts entered into between you and us, processing payments in connection therewith or otherwise in connection with your use of our Platform;
- in the event that we sell or buy any business or assets, in which case we may disclose your Data to the prospective seller or buyer of such business or assets;
- if we or substantially all of our shares or assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
- where a third party claims that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law, in which case we may disclose your identity to that third party.
- Where any Data relates to a third party, you represent and warrant that the Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Data for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.
- You may withdraw your consent and request us to stop using and/or disclosing your Data for any or all of the Purposes by submitting your request to us in writing. Should you withdraw your consent to the collection, use or disclosure of your Data, it may impact our ability to proceed with your transactions, agreements or interactions with us. Prior to you exercising your choice to withdraw your consent, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies) or undertaking any steps as we may be entitled to at law.
ACCESS AND CORRECTION
- The Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”) gives you the right to access your Data. Your right of access can be exercised in accordance with the PDPA. Any access request may be subject to an administrative fee at our rates then in force to meet our costs in providing you with details of the information we hold about you.
- In the event that you wish to correct and/or update your Data in our records, you may inform us in writing of the same. In certain cases, Data may also be corrected or updated via our Platform.
- We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
- We endeavour to ensure that all decisions involving your Data are based upon accurate and timely information. However, we rely on you to disclose all relevant information to us and to inform us of any changes in your Data. As such, please disclose all relevant information necessary for us to provide services to you and ensure all information submitted to us is up-to-date, complete, and accurate. Kindly inform us promptly if there are any changes in your Data.
- We may retain your Data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Data was collected, and is no longer necessary for legal or business purposes.
THIRD PARTY POLICIES
- Our Platform may, from time to time, contain links to and from third party websites, including the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.
ACCEPTABLE USE POLICY
- This acceptable use policy sets out the terms between you and BRAVELY TECH PTE. LTD. (“we” or “us”) under which you may access our platform, Bravely (“our Platform”). This acceptable use policy applies to all users of, and visitors to, our Platform.
- You may use our Platform only for lawful purposes. You may not use our Platform:
- in any way that breaches any applicable local or international laws or regulations;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of our Platform;
- any equipment or network on which our Platform is stored;
- any software used in the provision of our Platform; or
- any equipment or network or software owned or used by any third party.
- These content standards apply to any and all material which you post or upload on our Platform (“Contributions”). For the avoidance of doubt, this includes but is not limited to any data uploaded to our Platform, content uploaded to our community groups or any feedback or other correspondence submitted via our Platform.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
- Contributions must:
- comply with Singapore law, in particular, the Personal Data Protection Act 2012 (No. 26 of 2012), and the laws of any country from which they are posted; and
- be placed in the correct and appropriate categories.
- You shall be responsible for the authenticity, truthfulness, accuracy and origin of the Contributions. You must ensure that you either have all ownership rights to the Contributions posted or all rights allowing you to upload and post the Contributions to and on our Platform.
- Contributions must not:
- infringe any intellectual property right of any other person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or any duty arising under law (including the Personal Data Protection Act 2012 (No. 26 of 2012);
- contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;
- be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;
- breach any community standards set by us (including our duly appointed moderators) for our community groups);
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature.
- We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.
- Where you choose to terminate your account with us, you may delete all previous Contributions made by you and make and retain a copy of the same. We will not be responsible for making or retaining any copies of your Contributions.
SUSPENSION AND TERMINATION
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate, including to delete the post in question or to suspend or terminate your account.
- immediate, temporary or permanent withdrawal of your right to use our Platform;
- immediate, temporary or permanent removal of any Contribution;
- issuance of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
- We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Platform.