Last updated: 23rd 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.
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.
- Definitions and Interpretation:
“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.
“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.
- 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.
- Users Rights and Responsibilities:
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.
- 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.
- 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.
4.3 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 [[email protected]], 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.
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.
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 [[email protected]] 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.
- 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.
- Intellectual Property
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.
- 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.
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.
- Modification of Terms
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.
- 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.
- Limitations of Liability
- 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.
- 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.
- 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.
- Governing Law
- 21. Waiver
- 23. Relationship
- Entire Agreement
- 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.
- Termination of Rights
TeamStreamz Pte. Ltd.
81 Ayer Rajah Crescent, #02-56