Last updated at 14 Jul 2023, 05:51
THE AGREEMENT: The use of this website and App provided by WHATHEBYTE X Pte Ltd (WHATHEBYTE referred to as "Website and mobile application and platform") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website and mobile application (hereinafter collectively referred to as "Website and mobile application") and any services provided by or on this Website and mobile application ("Services").
“We,” “us,” and “our” are references to [WHATHEBYTE.COM](https://whathebyte.com).
“User,” “You,” and “your” denotes the person who is accessing the website and mobile application for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Website and mobile application.
”Website and mobile application” shall mean and include WHATHEBYTE and any successor Website and mobile application of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
You may not use the Platform if you are under 13 or if you are between the ages of 13 and 16 and live in a jurisdiction where parental consent would be required for us to process your personal information. We reserve the right to refuse access by users under certain ages, as set in our sole discretion, from time to time.
If you are under 18 years of age (or the age of legal majority where you live), you may use our Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Platform for such user.
If you register for an account to use our Platform, you must provide accurate account information and ensure that you maintain the accuracy of this information at all times. You also must maintain the security of your account (including by logging out of your account at the end of each session) and promptly notify us if you discover or suspect that someone has accessed your account or your account credentials without your permission. If you permit others to use your account, you are responsible for the activities of those users. We reserve the right to reclaim usernames for any reason, including on behalf of businesses or individuals that hold trademark rights or other legal claims in those usernames.
WHATHEBYTE, at any time and for any reason, in its sole discretion and without any liability to you or any third-party, may suspend or terminate your account or use of or access to the Platform (or any portion thereof).
Our Platform may allow you and other users to post or otherwise submit comments, messages, photos, ratings, and other materials (collectively, “User Content”) on Partner Content, Author Content, or otherwise on the Platform. You grant WHATHEBYTE a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content for any purpose and in all media formats and channels now known or later developed without compensation to you for any purpose. For purposes of clarity only, distribution of your User Content by WHATHEBYTE via the Platform (or otherwise) may be to all of: (i) WHATHEBYTE owned and/or WHATHEBYTE-operated properties and/or entities, or (ii) third-party properties and/or entities that are distribution partners of WHATHEBYTE via the Platform or other agreement. Except for the license you grant above, you retain all rights in and to your User Content, as between you and WHATHEBYTE.
Our Platform may allow you to submit works of authorship (including but not limited to written materials, images, illustrations, audio, videos, graphics, artwork, stories, themes, hyperlinks, objects, and other materials and/or content “Author Content”), for the purpose of the Platform publishing, distributing, and/or potentially monetising such Author Content on your behalf. To avoid doubt, User Content is not deemed to be Author Content.
User Content and Author Content are together referred to as “Submitted Content”.
You may not create, post, store or share any Submitted Content that violates these Terms. You are solely responsible for your Submitted Content. You represent and warrant that your Submitted Content, and our use thereof as permitted by these Terms, will not violate any rights of or cause injury to any person or entity and that you have all rights necessary to grant us the license above. Although we have no obligation to screen, edit or monitor Submitted Content, we may elect not to publish, delete, or remove Submitted Content at any time and for any reason with or without notice. Your decision to submit Submitted Content to the Platform is voluntary, and at your discretion.
WHATHEBYTE may preserve and store Submitted Content (including, for a commercially reasonable time, Author Content you have removed from the Platform) and may disclose such content if required to do so by law or if WHATHEBYTE believes in good faith that such preservation or disclosure is reasonably necessary to: (i) comply with legal process (e.g., subpoenas); (ii) enforce these Terms; (iii) respond to claims that any Submitted Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of WHATHEBYTE, its Partners, its users and the public.
Subject to your compliance with these Terms, you may use the Platform only for your own personal, noncommercial use (except as specifically pre-approved in writing by WHATHEBYTE for commercial use). Any use of the Platform other than as specifically authorised herein, without our prior written permission, is strictly prohibited.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Platform, and you are solely responsible for your conduct while using our Platform. Further, you will not:
Engage in any harassing, threatening, intimidating, predatory, discriminatory or stalking conduct;
Use or attempt to use another user’s account without authorisation from that user and WHATHEBYTE;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
make the Platform available to any third party (via a services arrangement, service bureau, lease, sale, resale, or otherwise);
Use our Platform to build a competitive product or service;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors;
Modify our Platform, remove any proprietary rights notices or markings, or otherwise do any derivative works based upon our Platform;
Use our Platform other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner;
Reverse engineer any aspect of our Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Platform;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platform, including any application that reads areas of RAM used by the Platform to store information;
Bypass or ignore instructions contained in our robots.txt file;
Circumvent safeguards we implement or usage limitations or attempt to gain unauthorised access to our Platform or other user accounts;
Develop or use any applications that interact with our Platform without our prior written authorisation;
Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes;
Solicit or otherwise attempt to collect personal information or passwords from other users; or
Use our Platform (including data, intellectual property, brand or API) for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms.
You may not create, post, store or share any Submitted Content that:
is confidential or that you do not have all necessary rights to disclose;
contains or depicts nudity, sexual activity or violence or is otherwise unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Contains any unsolicited promotions (such as “spam”), political campaigning, advertising or solicitations;
Contains advertisements or promotions, including to solicit interest in a contest, sweepstake or other promotion;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
Is identical to, substantially the same as, or derived from other Partner Content, User Content or Author Content and/or content published elsewhere on the Internet (this applies even if you are the owner of that content and/or have the rights to publish that content online); or
In our sole judgment, it is of poor quality, is objectionable, restricts or inhibits any other person from using or enjoying our Platform, or may expose WHATHEBYTE or others to any harm or liability of any type.
Enforcement of this Section is solely at WHATHEBYTE’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section and any action taken or not taken by WHATHEBYTE hereunder shall not create any cause of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by this section.
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. In our sole discretion, we reserve the right to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Platform, including, without limitation, pricing information, except as required by law. No specified update or refresh date on the Platform should be taken to indicate that all information on the Platform or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.
Without prior written approval, the following organisations may link to our site:
Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party's site.
We may consider and approve, in our sole discretion, other link requests from the following types of organisations:
commonly-known consumer and business information sources such as the Chambers of Commerce and Consumers Union.
dot.com community sites.
Associations or other groups representing charities, including charity giving sites
online directory distributors.
Accounting, law, and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organisations if we determine that the link will not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organisation does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link.
We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party's website.
If you are one of the organisations listed in paragraph 2 and would like to link to our website, please contact us at email@example.com. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:
Using our company name, the URL (web address) being linked to, or any other description of our website or material that makes sense within the context and format of the linking party's site.
No use of the WHATHEBYTE logo or other artwork will be allowed for linking absent a trademark license agreement.
We take the security of WHATHEBYTE very seriously. We use reasonable practices to protect your account's security and the associated data. Still, we can’t guarantee that someone won’t be able to defeat our security measures. Please let us know immediately if you discover any compromise of your account. We are always on the lookout for security loopholes in WHATHEBYTE. If you discover a vulnerability in our service, we would appreciate your report and encourage you to let us know immediately. To report a vulnerability, please email firstname.lastname@example.org.
You agree that the Website and all Services provided by us are the property of WHATHEBYTE, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
If you require more information or have questions about our site’s disclaimer, please feel free to contact us by email at email@example.com.
WHATHEBYTE makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind.
You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
For no situation will WHATHEBYTE, our chiefs, officials, representatives, associates, operators, contractual workers, assistants, providers, specialist co-ops or licensors be obligated for any injury, misfortune, guarantee, or any immediate, circuitous, accidental, reformatory, exceptional, or noteworthy harms of any sort, including, without restriction lost benefits, lost income, lost investment funds, loss of information, substitution costs, or any comparative harms, regardless of whether situated in contract, tort (counting carelessness), severe risk or something else, emerging from your utilization of any of the administration or any items obtained utilizing the administration, or for some other case related in any capacity to your utilization of the administration or any item, including, however not constrained to, any mistakes or oversights in any substance, or any misfortune or harm of any sort brought about because of the utilization of the administration or any substance (or item) posted, transmitted.
In any case made accessible by means of the administration, regardless of whether instructed concerning their chance. Since certain states or wards don’t permit the prohibition or the restriction of risk for important or accidental harms, our obligation will be constrained to the greatest degree allowed by law in such states or locales.
The information on this website is provided “as is” without any representations or warranties, express or implied WHATHEBYTE makes no representations or warranties.
Without prejudice to the generality of the foregoing paragraph, WHATHEBYTE does not warrant that:
The information regarding Services on this website will be constantly available, or available at all.
The information on this website is complete regarding Different Services true, accurate, up-to-date, or non-misleading.
Please be also aware that other sites may have different privacy policies and terms beyond our control when you leave our website. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless WHATHEBYTE and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by WHATHEBYTE. WHATHEBYTE reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WHATHEBYTE in asserting any available defences. An Indemnified Party may participate in the defense by counsel of its choosing at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the whathebyte.com Website, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall WHATHEBYTE, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
You and WHATHEBYTE agree that in the event of any dispute between us, each party will, in the first instance, notify the other party of the intent to initiate a formal proceeding in writing (the “Notice”). The parties shall attempt to resolve any controversy or claim arising out of, or relating to, any provision of the agreement or the breach thereof by good faith negotiations between the parties and shall not initiate a formal proceeding for at least thirty (30) days from the date of the other party’s receipt of the Notice.
ARBITRATION SHALL BE CONDUCTED BEFORE ONE ARBITRATOR IN THE SINGAPORE. THE ARBITRATION SHALL BE ADMINISTERED BY SINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC) TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES.
In any arbitration arising out of or related to this agreement, there shall be no interrogatories or requests to admit. The arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such a determination should be made by the arbitrator.
The arbitrator’s decision will follow the terms of these Terms and Conditions. The arbitrator's decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction, provided, however, that the arbitrator shall not have authority to make errors of law, and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim, and the award, including any award of costs, expenses or interest, shall provide a concise written statement of the essential findings and conclusions upon which it is based.
The prevailing party, as determined by the arbitrator, shall be entitled to collect its reasonable costs, expenses, and interest (including reasonable attorneys' fees, arbitration fees, and other such costs). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) ARE NOT EMPOWERED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT WHERE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
WHATHEBYTE is a dynamic product, always evolving and improving. As a result, we may change, eliminate or restrict access to our products or any part of our service at any time, for any reason, with or without advance notice. And we may do so with respect to one, some or all of our users.
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
This website originates from Singapore. The laws of Singapore. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of Singapore. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at firstname.lastname@example.org.
This document was last updated on November 19, 2022.