Terms and conditions
These terms and conditions (this “Agreement”) contain the agreement between you (“User”, “you” or “your”) and Navozyme Pte. Ltd. (UEN 201720826M) (“Navozyme”, “we”, “us” or “our”) in respect of your use of the Navozyme services, including the n-cap.net website, the “NCap™ Wallet” mobile application (“Mobile App”), software and related products and services, accessed via any platform or device (collectively, the “Services”). Affiliates refer to Navozyme and the companies affiliated with us.
If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and must not access or use the Services. If you are a partner of Navozyme, this Agreement should be read in addition to any other contract(s) which govern your relationship with us.
By accepting this Agreement, or otherwise by accessing and/or using the Services, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement as amended from time to time.
You acknowledge that this Agreement is a binding legal contract between you and Navozyme, even though it is electronic and is not physically signed by you, and it governs your access and use of the Services. Information on how we use data that we collect about you can be found in our Privacy Policy and Cookies Policy. Please also read our Privacy Policy and Cookies Policy as amended from time to time which shall both form part of this Agreement.
Table of contents
1. Accounts and Membership
You must be at least 18 years of age to use the Services. By using the Services and by accepting this Agreement you warrant and represent that you are at least 18 years of age. We will terminate your access of and/or your account if we reasonably suspect that you are underage or are allowing someone underage to use your account.
You can access and use some basic features of the Services without having an account. If you use the Services without an account, then this Agreement will still apply to such access and use, and we will still process your personal data in accordance with our Privacy Policy and Cookies Policy. To access and use the full functionality of the Services, you must create an account with us.
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. If you provide us with your personal information or data, you must provide accurate and up-to-date information about yourself and agree to maintain and promptly update your particulars if they change. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. You must immediately notify us of any unauthorised use of your account or any other breaches of security. We may suspend, disable, or delete your account (or any part thereof) if we reasonably suspect that you have breached any provision of this Agreement or that your access and/or use of the Services would cause harm/damage to us, our Affiliates, our users or other third parties. If we delete your account for the foregoing reasons, you may not re-register for the Services. We may block your email address and Internet protocol address to prevent further registration. We will not be liable for any acts or omissions, including any damages of any kind incurred as a result of us suspending, disabling, or deleting your account and blocking you from or preventing you from further registration.
When you create an account, your account details may sync across the Services, including the Mobile App. Your account details, content and Services settings (including your privacy settings), and any changes you make, may also sync across the Services.
When you provide or upload any personal data or information via the Services, that information or data (or part thereof) may be automatically provided and/or shared across other Services or to our third party service providers and other collaborators (our “Partners”) (although your privacy settings will still apply across other Services or to our Partners). We may remove or restrict access to any information, including yours, if we reasonably believe (i) it is in breach of any provision of this Agreement, (ii) in breach of any applicable laws, regulations or guidelines, or (ii) it causes harm/damage to us, our Affiliates, our users or other third parties. We will not be liable for any acts or omissions, including any damages of any kind incurred as a result of such removal or restriction of access.
2. Billing and Payments
We do not charge you a fee to use most of the features of the Services. Instead, our Partners may pay us to provide certain products and services on the Services.
If there are any charges or fees applicable for some paid features of the Services, you shall pay all applicable charges or fees to us or our Partners in accordance with the billing terms in effect at the time the charge or fee is due and payable i.e. the billing date. To the extent permitted by the applicable law, payments made are non-refundable and we do not provide refunds or credits for any partial periods or unused features of the Services.
From time to time, we or others on our behalf may offer trials of some paid features of the Services for an initial introductory period without payment or at a reduced price (a "Trial"). By using the Services via a Trial, you agree to the offer as advertised, including the price during and after the Trial as advertised, beginning the moment that you confirm your acceptance of the Trial by submitting valid payment details that are accepted by us. By submitting your payment details, you (i) confirm your acceptance of all the prices advertised during and after the Trial; (ii) accept and agree to this Agreement; and (iii) accept and agree that all personal information or data provided to us will be processed and used in accordance with our Privacy Policy. In the event of any inconsistency between any offer as advertised and this Agreement, this Agreement will prevail. While payment for the paid features of the Services will generally be charged after the initial introductory period ends, we reserve the right to charge payment at any time after you submit valid payment details.
If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
To the extent permitted by the applicable law, we reserve the right to change any features of the Services and pricing of any features of the Services from time to time. If you do not wish to accept the changes to the Services or the price change, please do not make payment for any order. Prior to making any payment to us, please check your order, including your information provided and pricing, before placing an order. We will not be liable for any acts or omissions, including any damages of any kind incurred as a result of us changing any features of the Services or the pricing of any features of the Services.
We also reserve the right to refuse, limit or cancel any order you place with us. If we refuse, limit or cancel an order, we will notify you by contacting you through the contact details provided at the time the order was placed or at the time your account was created. We will not be liable for any acts or omissions, including any damages of any kind incurred as a result of us refusing, limiting or cancelling any order you place with us.
3. Cancellation and Refund Policy
Unless as expressly provided in this Agreement, all payments made by you are non-refundable and non-creditable. You may terminate your account at any time by cancelling your account or by contacting us directly, and such cancellation will take effect immediately ("Cancellation Date”). From the Cancellation Date, you will not be able to access or use any paid features of the Services and will only be limited to access or use of the free features of the Services. Your cancellation must be received at least 24 hours before the end of your billing date to avoid charges for the next billing cycle. Unless you cancel your account before your billing date, you authorise us to charge the fee for the next billing cycle. To the extent permitted by the applicable law, there will be no refunds for any fee that has been paid, and no credits for partially used billing periods.
4. Accuracy of Information
Occasionally there may be information, content and features of the Services that contains typographical errors, inaccuracies or omissions relating to advertisements and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update such information, content and features of the Services at any time without prior notice (including after you have submitted your order or made any payment). We will not be liable for any acts or omissions, including any damages of any kind incurred as a result of your reliance on any such typographical errors, inaccuracies or omissions relating to advertisements and offers.
We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services has been modified or updated.
You agree to provide accurate information and/or relevant supporting documents required for the issuance of any certificate (or otherwise performance of the Services) by us or our Partners or other third parties. In the event that any certificate (or otherwise performance of the Services) was not issued (or there was a delay or non-performance of the Services) due to any act, omission or error by you, there shall be no refund and no credit for any payments made.
5. Third Party Services
The Services may require, enable or facilitate access to or use of software or services of our Partners. If you decide to enable, access or use such other services, your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations or warranties as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services, to the fullest extent permitted by the applicable law. You irrevocably waive any claim against Navozyme with respect to such other third party services. Navozyme is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other third party services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Navozyme to disclose your data as necessary to facilitate the use or enablement of such other service.
In the event that Navozyme (or its Affiliates) may be required to notify you of or incorporate certain third party terms that apply to you (either directly as an end user, or as a party whose acts or omissions could cause Navozyme to breach such terms e.g. open source software terms or standard form terms of the third party), you have the responsibility to check and read the most up-to-date versions of such third party terms and you are deemed to have notice of the same. You also agree to incorporate and be bound by all the applicable terms in such third party terms which are applicable to you as the end user by accessing and using the Services.
6. Links to Other Resources
Although the Services may contain links to other resources (such as third party websites, advertisements, services, offers or other events or activities that are not provided, owned or controlled by us), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless expressly stated. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, Navozyme will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not represent or warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other terms of use of any resource which you access through a link on the Services. Your access and use of any off-site resources are at your own risk.
7. Permissible and Prohibited Uses
Under this Agreement, you can use the Services in order to:
request for new credentials or certificates to be issued by our Partners or other such third parties;
request for “sea time verifications” i.e. your time spent out at sea during the course of work as verified and issued by our Partners or other such third parties;
request to view and update your relevant membership information; and
use the features and functionality of the Services as provided to you from time to time.
Subject to this Agreement, Navozyme grants to you a non-exclusive and non-transferable right to access and use the Services for the above limited purposes only, and only for such use permitted by the functions of the Services. You shall not, amongst other things, modify, reverse-engineer, decompile, adapt, publish, redistribute or sublicense the Services or any part of the Services without the prior written consent of Navozyme or the respective third party owners. You also shall not use the Services in violation of any applicable laws or agreements that you have with any third parties. All express or implied rights to the Services not specifically granted herein are expressly reserved to Navozyme.
Unless expressly provided in the terms as set forth in the Agreement, you are prohibited from using the Services: (a) for any hateful, obscene, immoral, unlawful or illegal purpose; (b) to solicit others to perform or participate in any hateful, obscene, immoral, unlawful or illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, impersonate, use or attempt to use another user’s account without authorisation; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality, security or operation of the Services, third party products and services, or the Internet; (h) to spam any person, or phish, pharm, pretext, spider, crawl, or scrape any data or content from the Services, without our express written consent; (i) to violate applicable anti-money laundering, counter terrorist financing, export controls and economic sanctions laws or regulations; (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet, or (k) to interfere or attempt to interfere with the proper working of the Services or otherwise do anything that imposes an unreasonable or disproportionately large load on Navozyme or its third parties servers. We reserve the right to terminate your account and use of the Services for violating any of the prohibited uses.
8. Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer or license to you any Intellectual Property Rights owned by Navozyme, its Affiliates or any third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Navozyme. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Navozyme or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your access and use of the Services grants you no right or license to reproduce or otherwise use any of Navozyme or third party trademarks.
If you choose to submit comments, ideas or feedback to us, you agree that we are free to use them for the purposes of operating, developing, improving and providing the Services without compensation to you. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform, communicate to the public, make available, publicly display, and otherwise use and exploit the comments, ideas or feedback (and derivatives thereof) for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody such comments, ideas or feedback, whether in whole or in part, and whether as provided or as modified.
9. Disclaimer; Limitation of Liability; Indemnity
You understand that we cannot and do not guarantee or warrant that Navozyme, its Affiliates, directors, officers, employees, agents, contractors, suppliers or licensors and any material, content, functionality, or feature thereof will be free of viruses or other destructive code. We may change, suspend, withdraw or restrict the availability of all or any part of the Services for business and operational reasons at any time without notice.
YOUR USE OF THE SERVICES, ITS CONTENT, FEATURES, FUNCTIONALITY, AND RELATED ANY SERVICES OR PRODUCTS IS AT YOUR OWN RISK. NAVOZYME AND ANY SERVICES OR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NAVOZYME, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, CUSTOM, OPERATION OF LAW OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NAVOZYME PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, ITS CONTENT, FEATURES, FUNCTIONALITY, AND RELATED SERVICES AND PRODUCTS, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR PRODUCTS, OPERATE WITHOUT INTERRUPTION OR DELAY, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF INCOME, REVENUE OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF OR DAMAGE TO DATA, SOFTWARE OR PROPERTY; OR (V) ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
YOUR ACCESS TO USE OF THE SERVICES, OR ANY PART THEREOF (OR LOSS OF ACCESS TO OR INABILITY TO USE THE SERVICES, HOWSOEVER CAUSED);
THE INCOMPLETENESS, INACCURACY, ERRORS OR OMISSIONS IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
ANY DELAY OR INTERRUPTION, CHANGES WHICH WE MAY MAKE TO THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES), OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, EVEN IF IT IS REASONABLY FORESEEABLE OR NAVOZYME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
ANY OTHER DAMAGES OR LOSSES WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO NAVOZYME WITHIN THE LAST 12 MONTHS.
You agree to defend, indemnify, and hold harmless Navozyme, its Affiliates, directors, officers, employees, agents, contractors, suppliers or licensors from any and all claims, liabilities, losses, damages, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of this Agreement (any third party terms as applicable to you) or arising out of a breach of your obligations, representation and warranties under this Agreement (any third party terms as applicable to you) or in connection with your access or use of the Services (including third party software or services), whether or not you had been advised or informed of the nature or extent of such claims, liabilities, losses, damages, costs or expenses.
For avoidance of doubt, Navozyme is not liable to return any amounts (including refunds, credits or deposits) paid by the you for the use of the Services.
10. Governing Law; Dispute Resolution
This Agreement shall be governed by the laws of Singapore, without regard to its rules on conflicts or choice of law. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination ("Dispute”), shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The parties agree that prior to the commencement of arbitration, they will negotiate amicably and attempt in good faith to resolve the Dispute in thirty (30) days. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
11. Changes and Amendments
We reserve the right to modify, revise, update, change or amend this Agreement or the features/functions of the Services at any time at our sole discretion. Your continued access and use of the Services will constitute your consent to this Agreement and any modifications, revision, updates, changes or amendments made thereto from time to time.
12. Acceptance of These Terms
By accepting this Agreement, or otherwise accessing and using the Services, you acknowledge that you have read this Agreement and agree to all its terms and conditions. If you do not agree to the terms of this Agreement, you are not authorised to access or use the Services.
13. Contacting us
If you have any questions, concerns, or feedback regarding this Agreement or the Services, please contact us using the details below:
This document was last updated on 1st of August, 2024.