These terms
These Terms of Service (the "Terms") govern use of the iService365 platform (the "Platform") supplied by Seven 365 Pte Ltd (UEN 201539272D), a company incorporated in Singapore with its registered office at 164 Bukit Merah Central, #03-3627, Singapore 150164 ("Seven 365", "we", "us").
These Terms form a binding agreement between Seven 365 and the organisation that subscribes to the Platform (the "Customer", "you"). By subscribing to, accessing or using the Platform, the Customer accepts these Terms.
The Platform is supplied to organisations and not to consumers. Residents, visitors, security officers and other individuals access the Platform through a Customer's subscription, and their access is governed by these Terms as accepted by that Customer, together with our Privacy Policy.
Definitions
- "Authorised User" means an individual the Customer permits to access the Platform, including its employees, its managing agents, security officers deployed at a Site, service-provider personnel, and residents or occupiers of a Site.
- "Customer Data" means all data the Customer or its Authorised Users submit to, or generate through, the Platform, including Personal Data relating to residents, visitors and personnel.
- "Personal Data" has the meaning given in the Personal Data Protection Act 2012 of Singapore (the "PDPA").
- "Site" means a building, development, estate or other property the Customer manages through the Platform.
- "Subscription Term" means the period for which the Customer has subscribed, as set out in the applicable order or quotation.
The Platform
The Platform is a property and facility management system provided as a hosted service. Depending on the modules subscribed for, it may include visitor management and visitor passes, resident and unit records, work orders and service requests, facility bookings, incident reporting, patrol and guard tour management, billing and statement of account records, document management, notice and bulletin distribution, vehicle management including automatic number plate recognition ("ANPR"), and access to video from cameras installed at a Site.
We may add, modify or withdraw features from time to time. Where a change would materially reduce functionality the Customer relies on, we will give the Customer at least thirty days' prior notice.
Accounts, roles and access
Access to the Platform is controlled through named accounts and assigned roles. The Customer determines which of its Authorised Users receive which roles and permissions, and is responsible for keeping those assignments current and for removing access promptly when an individual ceases to be entitled to it.
The Customer must ensure account credentials are kept confidential and are not shared between individuals, and must notify us without undue delay on becoming aware of any unauthorised access to or use of its account.
Seven 365 personnel may access a Customer's environment where necessary to provide, support, secure or maintain the Platform, or where required by law. Such access is limited to personnel who require it for those purposes and is subject to clause 11.
Data protection roles
As between the parties, and for the purposes of the PDPA:
- The Customer is the organisation that determines the purposes for which Personal Data about residents, visitors, occupiers and personnel at its Sites is collected, used and disclosed through the Platform. The Customer is responsible for having a proper basis for that collection, use and disclosure, for giving the notifications the PDPA requires, and for responding to access and correction requests from those individuals.
- Seven 365 processes that Personal Data on the Customer's behalf in order to provide the Platform, and acts as a data intermediary in respect of it. Seven 365 is separately responsible, as an organisation in its own right, for Personal Data it holds about the Customer's contract, billing and administrative contacts.
Seven 365 will process Customer Data only to provide, support, secure and maintain the Platform, to comply with law, and as otherwise instructed by the Customer. Seven 365 does not sell Customer Data and does not use Personal Data held on behalf of one Customer for the benefit of another.
Customer responsibilities
The Customer must ensure that:
- it is entitled to collect, and to provide to the Platform, all Customer Data it submits, including Personal Data about residents, visitors and personnel;
- appropriate notice is given, and any necessary consent obtained, from individuals whose Personal Data is collected through the Platform, including visitors registering at a guardhouse, residents whose vehicles are recorded by ANPR, and individuals recorded by cameras at a Site;
- notices and signage required in respect of video surveillance and ANPR are displayed at the Site;
- identity-document information, including NRIC or FIN numbers, is collected only where the Customer has assessed that collection to be necessary for its purposes and is able to justify it, having considered whether a partial identity number verified against the physical document would suffice;
- the Platform is not used to monitor individuals for purposes unrelated to the security and management of the Site; and
- its Authorised Users comply with these Terms.
Acceptable use
The Customer and its Authorised Users must not use the Platform in breach of any law; upload material that is unlawful or infringing; attempt to gain unauthorised access to the Platform, to another customer's environment, or to any connected system or network; probe, scan or test the vulnerability of the Platform without our prior written consent; interfere with or disrupt the Platform; or resell or make the Platform available to a third party except as expressly permitted in these Terms.
Video, ANPR and connected equipment
Where the Customer connects cameras or access-control hardware to the Platform, the Customer is responsible for the lawful installation and operation of that equipment at the Site, for the notices and signage required in respect of it, and for the accuracy and security of the connection details it provides.
Video from cameras at a Site is streamed through the Platform to authorised users and is not stored by Seven 365. Where ANPR is enabled and vehicle snapshots are switched on, a still image captured at the point of plate recognition is stored in the Platform together with the recognised plate number and the time of entry or exit. Retention of that material is dealt with in our Privacy Policy.
Fees and payment
The fees for the Platform, the billing cycle and the payment terms are those set out in the order, quotation or service agreement applicable to the Customer. Where those documents conflict with this clause, they prevail.
Fees are stated in Singapore dollars and are exclusive of goods and services tax, which will be added where applicable.
Payments made through the Platform are processed by a third-party payment gateway provider. Seven 365 does not itself process or hold payment card details. The Customer's use of that payment gateway is subject to the gateway provider's own terms, and the Customer is responsible for the accuracy of the payment information it provides.
We may suspend access to the Platform where an undisputed invoice remains unpaid after its due date, having first given the Customer written notice and a reasonable opportunity to pay.
Intellectual property
The Platform, and all intellectual property rights in it, remain the property of Seven 365 and its licensors. Subject to these Terms and to payment of the applicable fees, Seven 365 grants the Customer a non-exclusive, non-transferable right to access and use the Platform during the Subscription Term for the internal management of its Sites.
Customer Data remains the property of the Customer. The Customer grants Seven 365 the rights in Customer Data necessary to provide the Platform under these Terms.
Confidentiality
Each party will keep the other's confidential information confidential, use it only for the purposes of this agreement, and protect it with at least the degree of care it applies to its own confidential information of like importance. This clause does not apply to information that is or becomes public other than through breach of this clause, that is independently developed without reference to the other party's information, or that is required to be disclosed by law or by a regulator, provided that the disclosing party gives notice where it is lawful to do so.
Security
Seven 365 maintains the following measures in respect of the Platform: access is controlled through named user accounts and assigned roles; a Site's data is accessible only to individuals associated with that Site; data in transit between users and the Platform is encrypted; and access by Seven 365 personnel is limited to those who require it to provide, support, secure or maintain the Platform.
Seven 365 will keep its security measures under review and may update them from time to time, provided that it will not materially reduce the overall level of protection during a Subscription Term.
The Customer is responsible for the security of its own accounts, devices and networks, for the roles and permissions it assigns, and for the security of equipment it connects to the Platform.
Personal data breaches
Seven 365 will notify the Customer without undue delay after becoming aware of a breach affecting Personal Data processed on the Customer's behalf, and will provide the information reasonably necessary for the Customer to assess the breach and to meet its own obligations under the PDPA, including any obligation to notify the Personal Data Protection Commission and affected individuals.
The parties acknowledge that where a breach is assessed to be notifiable, the Commission must be notified within three calendar days of that determination, and will cooperate so that this period can be met.
Warranties and disclaimers
Seven 365 warrants that it will provide the Platform with reasonable skill and care. Except as expressly stated in these Terms, and to the extent permitted by law, all other warranties, conditions and terms, whether express or implied, are excluded. Seven 365 does not warrant that the Platform will be uninterrupted or free from error.
The Customer acknowledges that the Platform is a management tool and is not a life-safety system, an emergency-response service, or an alarm-monitoring service. Features that assist in contacting emergency contacts, in recording incidents, or in displaying video depend on the Customer's own procedures, on the accuracy of the data the Customer maintains, and on networks, devices and third-party equipment outside our control. The Customer must not rely on the Platform as its sole means of raising, detecting or responding to an emergency, and must maintain its own independent emergency procedures.
Limitation of liability
Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
Subject to the paragraph above, neither party is liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, or for any indirect or consequential loss, in each case however arising.
Subject to the two paragraphs above, the total aggregate liability of each party under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the total fees paid by the Customer under these Terms in the twelve months immediately preceding the event giving rise to the claim.
The limit in the preceding paragraph does not apply to the Customer's obligation to pay fees properly due, or to either party's breach of clause 11.
Term, termination and data on exit
These Terms apply from the start of the Subscription Term and continue for its duration, renewing for successive periods of the same length unless either party gives written notice of non-renewal at least thirty days before the end of the then-current term.
Either party may terminate these Terms with immediate effect by written notice if the other commits a material breach that is not remedied within thirty days of written notice requiring it to be remedied, or becomes insolvent or subject to winding-up proceedings.
On termination or expiry, the Customer's access to the Platform ends. The Customer may request an export of its Customer Data at any time before termination and for thirty days afterwards. After that period, and subject to any retention required by law, Seven 365 will cease to retain Customer Data in accordance with its Privacy Policy.
General
Neither party may assign or transfer these Terms without the other's prior written consent, except to an affiliate or in connection with a merger, reorganisation or sale of substantially all of its assets.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect. A failure or delay in exercising a right under these Terms is not a waiver of it.
These Terms, together with our Privacy Policy and the applicable order or quotation, constitute the entire agreement between the parties in respect of the Platform and supersede all prior discussions and representations.
We may update these Terms from time to time. Where an update is material, we will give the Customer reasonable notice before it takes effect. Continued use of the Platform after the effective date constitutes acceptance.
These Terms are governed by the laws of Singapore. The parties submit to the exclusive jurisdiction of the courts of Singapore.
Contact
Questions about these Terms may be sent to contact@seven365.com.sg, or by post to Seven 365 Pte Ltd, 164 Bukit Merah Central, #03-3627, Singapore 150164.
Seven 365 Pte Ltd · UEN 201539272D