Streamz

Last updated:  23^rd Sep. 2020

Enterprises subscribe to the  Streamz Sales Readiness Cloud Platform Services (“Services”) for use by their employees, their sales and distribution channel partners and third-party agencies to enable them to perform the sales enablement, training, coaching, incentivization and other  sales & distribution related tasks for the Enterprise (their “Principal”). There are different ways you could become a “User” of the Streamz Sales Readiness Cloud Services. You could either be an employee or a representative of a Streamz Enterprise Customer (our “Customer”), an employee or representative of our Customer’s Channel Partners (distributor, wholesalers, retailers, agents) or an employee or representative of a nominated third party designated to carry out specific tasks on behalf of the Enterprise in the assigned territories, using the Services.

The Streamz application software and any logos, designs, artwork, symbols or any other product details not limited to those mentioned above are being provided by and are the sole property of TeamStreamz Pte. Ltd., a company incorporated in Singapore with its Registration UEN: 201426450N and having its office at 81 Ayer Rajah Crescent, #02-56 Singapore 139967 (“TeamStreamz”). The use of the Cloud Services and the Cloud Platform through the Mobile Application or Administrator Web Console is being made available through TeamStreamz, Singapore.

By accepting this Agreement, either by clicking a box indicating your acceptance or by executing an order form that references these Terms of Use, you agree to the terms hereof. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Use, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Use, you must not accept this Agreement and may not use the services.

You may not access the Services if you are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

1. Definitions and Interpretation:

Capitalized terms or phrases as used in the Customer Terms of Use (“Terms of Use”), if not defined in this section, shall have the meaning assigned to them in the sentence immediately preceding the bold alphabets enclosed within quotes (“ “), such as in the paragraph above. Additionally, in these Terms of Use, the following definitions apply:

1.1 Definitions:

“Administrator” shall mean a person authorized by the Customer to monitor the online portal and manage the use of the Cloud Services.

“Administrator Credentials” shall mean the login identity and password generated by the Cloud Platform and made available to the Customer, for distribution to the Customer’s Administrators.

“Administrator Web Console” means the online portal maintained by TeamStreamz as a part of the Cloud Platform, which enables Customer Administrators to manage the use of the Cloud Services.

“Business Days” refers to working days in Singapore and shall relate to days on which banks in Singapore are open for business.

“Conditions” refer to the terms of reference or use of  the Streamz mobile app, Admin Web Console, or the Website in accordance with these Terms Of Use.

“Administrator Web Console” shall mean the online portal maintained by TeamStreamz as part of the Cloud Platform, which enables Customer Administrators to manage their use of the Cloud Services.

“Cloud Platform” shall mean the Streamz Sales Readiness cloud platform developed by TeamStreamz.

“Cloud Services” shall mean the Streamz Sales Readiness cloud platform offering to customers as a service (software-as-a-service) the use of the Cloud Platform in accordance with the Cloud Services’ Documentation and detailed in the order form, where applicable.

“Cloud Services’ Documentation” shall mean the Cloud Services user manual and configuration manuals distributed by TeamStreamz to the Customer and Customer’s Users, as amended from time-to-time.

“Cloud Services’ Functionalities” shall mean the functionalities of the Cloud Services, as described in the Cloud Services’ Documentation, and as changed from time-to-time.

“Content” shall mean all information distributed by the Customer, or on its behalf, to the Customer’s Users, via the Cloud Platform.

“Customer Administrators” shall mean persons identified by the Customer to manage the Customer’s use of the Cloud Services via the Administrator Web Console.

“Customer’s Content” shall mean all Content generated by the Customer or a Customer’s User or by any party other than TeamStreamz on behalf of the Customer.

“Customer’s User” shall mean any person to whom the Customer grants access to use the Cloud Services and may include Customer’s employees, Customer’s contractors and agents, and third parties with whom the Customer may transact business (and, for clarity, shall include all Named Users).

“Mobile Application” shall mean the mobile phone application developed by TeamStreamz, which provides access to the Cloud Platform from a mobile phone.

“Named Teams” shall mean teams created by the Customer, via the Administrator Web Console, in the Cloud Services consisting of groups of Named Users.

“Non-TeamStreamz Application” means a Web-based, mobile, offline or other software application functionality that is provided by You or a third party and interoperates with a Cloud Service, including, for example, an application that is developed by or for You, or is identified as TeamStreamz or by a similar designation.

“Order Form” means an ordering document or online order specifying the Cloud Services to be provided hereunder that is entered into between You and Us, including any addenda and supplements thereto.

“Named Users” or “Users” shall mean individuals authorized by the Customer to access the Cloud Service, regardless of whether the individual is actively accessing the Cloud Service at any given time.

“Services” shall mean Cloud Services.

“User Credentials” shall mean the login identity and password generated by the Cloud Platform and made available to the Customer’s Administrators for distribution to Customer’s Users.

“We”, “Us” or “Our” means TeamStreamz or its affiliate in your country, where applicable.

“You” or “Your” means you, if acting for on behalf of yourself or the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity which have signed Order Forms.

1.2 Interpretations:

The following rules will apply to these Terms of Use unless the context requires otherwise or unless it is expressly stated otherwise:

• Any references to “clauses” in this document refer to clauses stated within these Terms of Use.
• The singular includes the plural and vice-versa.
• A gender includes all genders.
• Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.
• Mentioning anything after include, includes or including does not limit what else might be included.

2. Users Rights and Responsibilities:

2.1 In order to validly access the Streamz Sales Readiness Cloud Platform and utilize the Cloud Services through the Mobile Application, the Administrator Web Console or the Website, you must either be a Customer, a Customer Administrator, a Customer User, a member of a Named Team or a Named User as defined in these Terms of Use.  Further, you can access the Cloud Platform only after you have input your User Credentials validly obtained from TeamStreamz or a Customer Administrator authorized to provide you with such details. You must also have executed all necessary consents, approvals and undertakings in respect of the use of the Cloud Services.

2.2 After validly accessing the Cloud Platform through the Mobile Application, Administrator Web Console or the Website, you have a non-exclusive, non-assignable, limited right to use the Cloud Services solely for the relevant Customer’s sales and marketing operations. You are entitled to use the Cloud Services only in the territory assigned to you by the Customer Administrator.

2.3 You will (a) be responsible for Users’ compliance with these Terms of Use, Documentation and Order Forms; (b) be responsible for the accuracy, quality, legality of Your Data and the means by which You acquired Your Data; (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content, and notify Us promptly of any such unauthorized access or use; and (d) use Services and Content only in accordance with these Terms of Use, Cloud Services Documentation, Order Forms and applicable laws and government regulations.

3. Proper and Expected Usage:

3.1 You may upload content only if you have been specifically authorized to do so.  You accept that you are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership rights of all content uploaded, transmitted or distributed by you on the Cloud Services accessed through the Mobile Application, the Administrator Web Console or the Website. 

3.2 You may use the Cloud Services only in accordance with the Cloud Services User Manual and Configuration Manuals that have been distributed by TeamStreamz, and amended from time to time.

3.3 As a condition of use, you may not misuse the Cloud Services in any way such as by transmitting, or distributing, any malware or virus, in any form, which is malicious, technologically harmful, in breach of confidence or offensive.  Criminal misuse is strictly prohibited. No person may hack into any aspect of the Cloud Platform, corrupt data, infringe any person’s proprietary rights, send unsolicited material or in any way interfere with the performance or functionality of any computer facilities accessed.  Any breach of these provisions shall be construed as a criminal act under applicable laws and offenders shall be subject to the strict penalties imposed therein.

3.4 You may not upload, e-mail, post, publish or otherwise transmit any material, including, but not restricted to Customer Content: (a) to menace or harass any person or cause damage or injury to any person or property; (b) that involves the publication of any material that is false, defamatory, harassing or obscene; (c) to violate privacy rights or promote bigotry, racism, hatred or harm; (d) that constitutes unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) that constitutes an infringement of intellectual property or other proprietary rights; or (f) otherwise violates applicable laws, ordinances or regulations.

4. Organisation Accounts and Administrators

4.1 When you sign up for an account for your organisation, you may specify one or more Customer Administrators. The Customer Administrators will have the right to configure the Cloud Services based on your requirements and manage end users in your organisation account. If your organisation account is created and configured on your behalf by a third party, it is likely that such third party has assumed the role of a Customer Administrator for your organisation. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as a Customer Administrator of your organisation account.

4.2 You are responsible for (i) ensuring confidentiality of your organisation account password; (ii) appointing competent individuals as Customer Administrators for managing your organisation account; and (iii) ensuring that all activities that occur in connection with your organisation account comply with these Terms of Use. You understand that TeamStreamz is not responsible for account administration and internal management of the Cloud Services for you.

4.3 You are responsible for taking the necessary steps to ensure that your organisation does not lose control of the Customer Administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the Customer Administrator accounts by sending an e-mail to [support@teamstreamz.com], provided that the process is acceptable to TeamStreamz. In the absence of any specified administrator account recovery process, TeamStreamz may provide control of a Customer Administrator account to an individual providing proof satisfactory to TeamStreamz demonstrating authorisation to act on behalf of the organisation. You agree not to hold TeamStreamz liable for the consequences of any action taken by TeamStreamz in good faith in this regard.

5. Complaints

If we receive a complaint from any person against you with respect to your activities as part of the use of the Cloud Services, we will forward the complaint to the primary e-mail address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy TeamStreamz in the communication. If you do not respond to the complainant within 10 days from the date of our e-mail to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by TeamStreamz to the complainant.

6. Suspension

We may suspend your user account or temporarily disable access to whole or part of any Cloud Services in the event of any suspected illegal activity, suspected fraud, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [support@teamstreamz.com] within thirty (30) days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account upon request.

7. Third Party Services

The Cloud Services may contain links to, or otherwise may allow you to connect to and use certain third-party products, services or software under separate terms and conditions (collectively, “Third Party Services”). If you decide to access and use such Third Party Services, be advised that your use is governed solely by the terms and conditions of such Third Party Services, and we do not endorse, are not responsible for, and make no representations as to such Third Party Services, their content or the manner in which they handle your data. TeamStreamz is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Third Party Services, or your reliance on the privacy practices or other policies of such Third Party Services.

8. Intellectual Property

8.1 You agree that the Cloud Platform and the Cloud Services accessed by you through the Mobile Application, the Administrator Web Console or the Website contains proprietary information and material that is owned by TeamStreamz and is protected by applicable intellectual property laws including, but not limited to, copyright.  TeamStreamz will periodically upload content for use and the intellectual property in such content lies entirely with TeamStreamz.  You agree that you will not use such proprietary information or materials in any way whatsoever, except in compliance with these Terms of Use.

8.2 TeamStreamz respects the Intellectual Property rights of others and expects its users to do the same. You state and confirm that your usage of the Cloud Services and any content that you upload on the Cloud Platform does not violate any third parties’ intellectual property rights in any way or form.

8.3 You acknowledge that all ownership and intellectual property rights in the Cloud Platform and the Cloud Services, as well as in any derivative work thereof, whether made at the Customer’s request or otherwise vests with TeamStreamz.  You further agree that any content developed or delivered by or on behalf of TeamStreamz shall also vest with TeamStreamz notwithstanding (i) any use of TeamStreamz of any data generated by the Customer or the Customer’s Users of the Cloud Platform; or (ii) the fact that such work or development was made at the Customer’s request or the Customer’s cost. 

8.4 You further acknowledge that no portion of the content uploaded on the Cloud Services may be reproduced in any form or in any means except as expressly provided by these terms. 

8.5 You acknowledge that you cannot: (i) remove or modify any program markings or any notice of TeamStreamz’s or its licensors’ proprietary rights; or (ii) make the programs or materials resulting from the Cloud Services (excluding Customer Content) available for use for any purpose other than the Purpose or, in any manner, to any third party; or (iii) modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the Cloud Platform or Cloud Services, or access or use the Cloud Platform or Cloud Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to TeamStreamz.

8.6 You retain all rights and ownership in your content.  TeamStreamz does not claim any ownership in the content created by you.  However, TeamStreamz retains the right to periodically review the content posted by you to ensure compliance with intellectual property and other applicable laws.

8.7 You acknowledge that in the event that you infringe the intellectual property rights of any third person by any unauthorized loading of content, you shall indemnify and hold harmless TeamStreamz and its directors, officers, employees, agents from all claims arising out of your actions.

9. Removal of Content and Non-TeamStreamz Applications

If We are required by a licensor to remove Content, or receive information that Content provided to You may violate applicable law or third-party rights, We may so notify You and in such event You will promptly remove such Content from Your systems. If We receive information that a Non-TeamStreamz Application hosted on a Service by You may violate Our External-Facing Services or applicable law or third-party rights, We may so notify You and in such event You will promptly disable such Non-TeamStreamz Application or modify the Non-TeamStreamz Application to resolve the potential violation. If You do not take required action in accordance with the above, We may disable the applicable Content, Service and/or Non-TeamStreamz Application until the potential violation is resolved.

10. Security

In providing you the Cloud Services, we shall maintain the appropriate administrative, physical, and technical safeguards to protect the security, confidentiality and integrity of your data and the personal data of your end-users. These safeguards include the encryption of your data in transmission (using SSL or similar technologies), except for external third party integrations that do not support encryption, which you may link to the Cloud Services at your choice. We agree to promptly notify you in the event that TeamStreamz learns or has reason to believe that any person or entity has breached TeamStreamz’ measures, or gained unauthorized access to your data (“Information Security Breach”). Upon any such discovery, we will: (a) investigate, and mitigate the effects of the Information Security Breach, (b) use our best efforts to ensure that such Information Security Breach will not recur, and (c) use commercially reasonable efforts to promptly and properly deal with enquiries and requests from you in relation to the processing of your data.

11. Modification of Terms

11.1 TeamStreamz reserves the right to amend these Terms of Use at any time. Any such amendment shall be posted on the TeamStreamz Mobile Application or on the TeamStreamz website.

11.2 Additionally, TeamStreamz reserves the right, at its sole discretion, to make changes or updates to the Cloud Services and the Cloud Platform.  These changes include alterations to the Cloud Platform’s infrastructure, the Cloud Platform’s security systems, the Cloud Platform’s technical configuration, administrator access, usage and settings as well as to the Mobile Application, the Administrator Web Console and the Website.

11.3 Continued access to the Cloud Services through use of the Mobile Application or the Administrator Web Console after such changes will constitute acceptance of the new Terms of Use.

12. Warranties and Exclusions

12.1 TeamStreamz warrants that it will provide Cloud Services in all material respects.  However, TeamStreamz does not control the transfer of data over communications facilities, including the internet, and you recognize that the service provided by TeamStreamz may be subject to limitations and delays beyond its control due to problems inherent in the use of such communications facilities.

12.2 Use of any material downloaded or obtained through the use of the Cloud Services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the Cloud Services or the download of any such material. No advice or information whether written or oral, obtained by you from TeamStreamz, its employees or representatives shall create any warranty not expressly stated in the terms.

13. Limitations of Liability

The following provisions set out the entire financial liability of TeamStreamz in relation to any users of its Cloud Services, whether accessed through the Mobile Application or the Administrator Web Console, for any breach or for anything related to representations, statements or tortious acts by TeamStreamz under these Terms of Use.

• Except as expressly provided herein or in any contract related to the use of the Cloud Services, TeamStreamz expressly excludes all warranties, conditions or other implied terms implied by statute or by common law. Such warranties are excluded to the fullest extent permitted by law.

(ii) TeamStreamz shall not be liable to the Customer or any authorized user for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether related to loss of profit, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Customer which arises out of or in connection with the use of the TeamStreamz Cloud Services through the Mobile Application or TeamStreamz website and any material posted there.

(iii) Under no circumstances shall TeamStreamz’ liability to its Customers or users exceed the total amounts actually paid by the Customer to TeamStreamz in the last three (3) months immediately preceding the event from which a claim arises against TeamStreamz.

(iv) The user assumes all risks relating to the sustainability, quality and performance of the   content posted on the Cloud Services.

14. Relationship- Independent Contractor

Nothing herein contained shall be construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.

15. Indemnity

You agree as a Customer and a User to indemnify, defend and hold harmless TeamStreamz, its directors, officers, employees, consultants, agents and affiliates from any and all third party claims and damages including costs (including but not limited to legal fees) arising from their use of the Cloud Services whether accessed through the TeamStreamz Website, Admin Console or Mobile Application whether such claims arise out of the breach of these Terms of Use, or from any negligence, misrepresentation, willful misconduct or act of omission or commission or from any act that violates these terms. 

16. Privacy Policy

For a detailed understanding of how TeamStreamz endeavors to protect your data or privacy, please refer to TeamStreamz’s Privacy Policy, which forms a part of these Terms of Use.  By accepting these Terms of Use, you are deemed to have accepted the TeamStreamz Privacy Policy, as may be amended from time to time.

17. Circumstances Beyond Our Control (Force Majeure)

You accept that TeamStreamz shall not be liable for any delay or failure to upload content and operate the Cloud Services if such delays are caused by events beyond its reasonable control. Such events shall include strikes, lock outs and industrial actions, floods, earthquakes, firestorms, riots, terrorist attacks or threats of terrorist attacks, war or threats of war, non-functioning public transport or the internet or telecommunications or any change in acts decrees or legislation governing the use and operation of the Cloud Services.

18. Arbitration

Any controversy or claim arising out of or relating to the Terms of Use shall be settled by binding arbitration in accordance with the rules of the Singapore International Arbitration Centre, held in Singapore, and conducted in the English language. The Arbitral Tribunal shall consist of three (3) arbitrators, to be appointed in accordance with the rules of the Singapore International Arbitration Centre. Each party shall be responsible for its own costs, in respect of such arbitration. Any award of the tribunal may be enforced in any court of competent jurisdiction.

19. Governing Law

These Terms of Use and all obligations arising directly or indirectly from them shall be construed in all respects in accordance with the laws of Singapore.  

20. Severability

If any provision of these Terms of Use is found, by any court or administrative body of competent jurisdiction, to be invalid, unenforceable or in conflict with any applicable law, that provision shall be severed but the validity or enforceability of the remaining provisions shall not be affected and shall, as far as possible, remain in force.

If any provision of the Terms of Use is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.

21. 21. Waiver

No failure or delay by any party in exercising, wholly or partially, any of its rights with regard to any breach or default of these Terms of Use or of a Contract by the other party shall constitute a waiver of such rights. Further, no waiver of any such breach or default shall be deemed to constitute a waiver of (i) any other rights or; (ii) any subsequent or continuing breach of default.

22. Assignment

You cannot assign, transfer, change, sub contract or deal in any other similar manner your rights or obligations under these Terms of Use. 

23. 23. Relationship

 Nothing in the Terms of Use or in any Contract shall create or be deemed to create a partnership, an agency or an employer-employee relationship between you or any party and TeamStreamz.

24. Entire Agreement

24.1 These Terms of Use, together with the Privacy Policy and any other contracts or conditions of use signed between TeamStreamz and you constitute the entire agreement relating to your use and access of Cloud Services whether through the Mobile Application, the Administrator Web Console or the Website.  Any waiver of obligations and rights under these documents shall only be accepted by TeamStreamz if in writing and signed by both Parties.

24.2 By accepting these Terms of Use, you accept that you have not relied on any representations or implied statements by TeamStreamz, and that your relationship with TeamStreamz is covered only by the express terms of these documents.

25. Confidentiality and Non-Disclosure

25.1 You agree to keep all materials and information that you have accessed on the Cloud   Platform through the Mobile Application or the Administrator Web Console strictly confidential.  You undertake to take all steps to ensure that such information is not transferred to any other third person or entity.  You recognize that the transfer of such information could cause irreparable damage to TeamStreamz for which you shall be liable.

25.2 You accept that TeamStreamz may capture, store, process, analyze or otherwise use and utilize Customer User profiles, their performance information, their location and various interactions with the Cloud Platform and the Cloud Services. 

26. Termination of Rights

You accept that a violation of these Terms of Use will cause harm to TeamStreamz as well as to other Customers and Users.  You accept that in addition to the rights reserved above, TeamStreamz retains the right to terminate your right to use the Cloud Services or access the Cloud Platform in the event you misuse your rights.

27. Notices

27.1 Notices required to be given under these Terms of Use shall be deemed to have been sufficiently given if mailed by registered mail post to the following address:

27.2 We may send you, in electronic form, information about the Cloud Services, additional information and information the law requires us to provide. We may provide required information to our Enterprise Customer who may be your employer or your business principal through the e-mail address specified by them. Notices e-mailed to our Enterprise Customers relating to these Terms of Use will be deemed given and received when the e-mail is sent. If you do not consent to receive notices electronically, you must stop using the Cloud Services. You may provide a legal notice to us through our Enterprise Customer-your employer or business principal, who will then forward such Notices to TeamStreamz.

28. Acceptance

You confirm that you have reviewed the basic terms that govern the use of the Cloud Services through the Cloud Platform.  Please note that your continued use of the Mobile Application, Administrator Web Console or the Website constitutes your agreement to follow and be bound by these Terms of Use.