1.1 This Website (https://www.wemerge.io/) is brought to you by Wemerge Foundation Ltd, a company limited by guarantee incorporated in Singapore (“Wemerge”, “we” or “us”). Any reference to “you”, “your”, “user” in these Terms means you or any person who accesses and/or uses this Website on your behalf.
1.3 By using this Website, you agreed to accept all these Terms. You must not use this Website if you disagree with any of these Terms.
1.4 By using this Website, you agreed and acknowledged that you shall abide by the following rules:
- you access and/or use this Website at your own risk;
- Wemerge does not assume any advisory, fiduciary or similar other duties or act as a financial or investment adviser to you; and
- you shall not submit false or misleading information.
2.0 INTELLECTUAL PROPERTY RIGHTS
2.1 Other than the content you own, under these Terms, Wemerge and/or its licensors own all the intellectual property rights and materials contained in this Website.
2.2 You are granted limited license only for purposes of viewing the material contained on this Website.
3.1 To register with us and/or use this Website, you must be an individual over eighteen (18) years of age; or if you are using this Website on behalf of an entity, you represent that you are authorized to enter into and bind the entity to a binding contract.
4.1 You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website, including hacking or trying to steal other users’ information from this Website;
- using this Website in any way that impacts user’s access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to this Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
4.2 Certain areas of this Website are restricted from being access by you and may further restrict access by you to any areas of this Website, at any time, in our absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well. You are responsible for all activities that occur under your account, regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account.
4.3 If we have reason to believe that there is likely to be a breach of security or misuse of this Website, we may require you to change your password or we may suspend your account pending investigation. You release and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your account.
5.0 YOUR CONTENT
5.1 In these Terms, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant us a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
5.2 Your Content must be your own and must not be infringing any third-party’s rights. Wemerge reserves the right to remove any of Your Content from this Website at any time without notice.
6.0 NO WARRANTIES
6.1 This Website is provided to you on an “as is, where is” and “as available” basis. We express no representations or warranties, of any kind related to this Website or the materials contained on this Website.
6.2 As this Website is dependent on other third party service providers, including but not limited to website domain hosts and payment providers, we do not guarantee that this Website will be available at all times or uninterrupted. Whilst we endeavour to make this Website available 24 hours a day, we shall not be liable for any reason this Website is unavailable for any time or for any period. We make no warranties, guarantees or representations that your access to this Website will be uninterrupted, accessible, timely or error/bug-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
7.0 LIMITATION OF LIABILITY
To the fullest extent permitted by law, or in the event that any limitation or exclusion of liability in these Terms is not enforceable, the total liability of Wemerge for any claim arising out of or relating in any manner to the access and/or use (or inability to access and/or use) of this Website is limited to SGD 500.
You hereby agree to defend and indemnify Wemerge and its directors, employees and agents, to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms or any applicable law or regulation or your misuse of this Website.
9.0 WEMERGE’S RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT OR OPERATION OF THIS WEBSITE
9.1 We may suspend or terminate your account immediately at our reasonable discretion and without liability to us if you:
- breach any of the provision under these Terms;
- breach any applicable law or regulation; or
- are suspected to have engaged in a fraudulent, abusive or illegal activity on this Website.
9.2 We will take reasonable efforts to notify you by the email address provided by you to us of such suspension or termination, or to notify you at your next attempt to access your account.
9.3 The suspension or termination of your account and your right to use this Website shall not affect either party’s statutory rights or liabilities nor shall it be deemed or construed as a waiver of our rights to take any action against you for any losses and damages suffered as a result of your breach of these Terms.
9.4 We reserve the right to suspend or terminate the operation of this Website or restrict access to this Website temporarily or permanently at any time without liability to us and with or without notice to you.
10.0 HYPERLINKS & THIRD PARTY SITES 10.1 This Website may contain hyperlinks or references to third party websites other than this Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. 10.2 The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website. In addition, Wemerge is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products or services available on or through such linked websites.
11.0 RIGHT TO INVESTIGATE
11.1 We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of these Terms or other agreements applicable to us and any actual, potential or alleged violations of applicable law, but we undertake no obligation to do so.
11.2 In connection with any such investigation, we may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons relating to your profile, e-mail address, usage history, posted materials, IP addresses and traffic information.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not assign, transfer or sub-contract any of your rights and obligations under these Terms to any other person without our prior written consent. We may assign, transfer or sub-contract all or any our rights and obligations under these Terms at any time without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger.
14.0 ENTIRE AGREEMENT
14.1 These Terms (including all policies, guidelines and notices) constitute the entire agreement between you and Wemerge and supersede any prior agreements, arrangements, statements and understandings between Wemerge and you. These Terms create no third party beneficiary rights.
14.2 If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15.0 ELECTRONIC COMMUNICATION
15.1 For contractual purposes, you consent:
- to receiving communications from us electronically via the email address you have submitted to us; and
- that any agreements, policies, notices, disclosures and other communications that Wemerge provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
15.2 Notice will be deemed given 24 hours after email is sent to your designated email address or notice is posted on this Website.
16.0 GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of Singapore, and you submit to the non-exclusive jurisdiction of the Courts of Singapore for the resolution of any disputes.
17.0 INTERNATIONAL USE
We make no promise that materials on this Website are appropriate or available for use in locations outside of Malaysia, and accessing this Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside of Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
18.0 HOW TO CONTACT US WITH QUESTIONS?
18.2 We may change or update these Terms from time to time. You should check these Terms occasionally to ensure you are aware of the most recent version that will apply each time you access and/or use this Website. 18.3 These Terms may be issued in different languages. In the event of any inconsistencies or discrepancies between the English version and the non-English version, the English version shall prevail.
1.2 This Policy together with any documents relating to the sale of MRG tokens and any other documents referred to in it set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
1.3 We ask that you read this Policy carefully as it contains important information about how we will use your personal data. By visiting or using this Website and/or Services, you are deemed to have consented to this Policy. If you do not provide the data we require, we may not be able to provide all of our Services to you.
2.0 WHAT KIND OF PERSONAL DATA DO WE COLLECT?
2.1 We collect personal data about you that you provide when you use this Website and/or Services, including when you sign up for an account, subscribe to our Services, send us feedback, fill in forms, answer questionnaire, participate in our discussion boards or social media platforms, enter a competition, promotion or survey, participate in our Token Generation Event and message or communicate with us by phone, email or otherwise. We also collect information about how you use this Website and/or Services including but not limited to usage data, IP address, demographic information, traffic sources, platform and browser type and version.
2.2 The information you give us may include your name, address or place of residence, e-mail address and phone number, date of birth, bank account details, nationality, personal description and photograph, crypto-wallets addresses and any other personal data provided to us.
2.4 If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
- give consent on his/her behalf to the processing of his/her personal data;
- receive on his/her behalf any privacy notice; and
- give consent to the transfer of his/her personal data abroad.
2.5 By providing us with your personal data, you are consenting for us to collect and process your personal data in accordance with this Policy. You confirm that all your personal data is true, accurate and complete, and that none of the personal data provided is misleading or outdated. In the event of any change to your personal data, you will promptly update us.
3.0 HOW DO WE USE YOUR PERSONAL DATA?
We will use your personal data for the purposes of helping us to provide and support this Website and/or Services to you. These purposes include:
- helping us identify you and any accounts you hold with us;
- administration including communicating with you;
- carrying out our obligations arising from any contracts entered into between you and Wemerge (or any of its subsidiaries, related or associated companies);
- providing you with the information, products or services that you request from us or other products or services that are similar to those you have already purchased, subscribed or enquired about;
- facilitating your use of this Website and/or Services;
- providing you, or permitting selected third parties to provide you, with information about goods or services we feel may interest you;
- processing, administering and giving effect to, your requests or transactions;
- conducting market research, data, statistical and behavioural analysis;
- carrying out customer profiling and analysing your payment preferences;
- marketing - see “marketing and opting out policy”, below;
- exercising fraud prevention, investigation and detection;
- customising this Website and/or Services and its content to your particular preferences;
- notifying you of any changes to this Website and/or Services that may affect you;
- providing, improving and developing this Website and/or Services; and
- promoting safety and security on and off of this Website and/or Services.
4.0 WHAT IS OUR MARKETING AND OPTING OUT POLICY?
4.1 If you have given us your permission, we may contact you by mail, telephone, SMS, text/picture/video message, email about our and our business partners’, suppliers’ and sub-contractors’ products, services, promotions, special offers that may be of interest to you. In certain instances, we may disclose your personal data to our preferred merchants and strategic partners who may communicate with you to market their products, services, events or promotions. However, please note that we will only disclose your personal data to our merchants and strategic partners where you have subscribed for particular services or products which require such disclosure, and/or where your consent has been obtained.
4.2 We do not disclose, rent, sell or otherwise make available your personal data to third parties for direct marketing purposes.
4.3 If you prefer not to receive any marketing communications from us, you can opt out at any time. See further “what are your rights”, below.
4.4 You may select whether or not you wish to continue to receive newsletters or other communications. In addition, you may "opt out" of receiving any category of subscription, marketing or promotional email from Wemerge by following the unsubscribe instructions or using the unsubscribe links within the emails we send. Please note, however, that as long as you maintain an account, you may not "opt out" of receiving service or account-related emails from Wemerge.
5.0 HOW IS YOUR PERSONAL DATA SHARED?
5.1 We may disclose your personal data to:
- any member of our group of companies, includes our subsidiaries, associated and related companies, our ultimate holding company and its subsidiaries, associated and related companies on a need to know basis;
- people you communicate with on this Website and/or Services;
- our vendors and suppliers who provide technical infrastructure services, analyse how this Website and/or Services are used, or provide customer service to you;
- companies and/or organisations that assist us in processing and/or otherwise fulfilling transactions and providing you with Services that you have requested or subscribed for;
- our service providers who need access to your personal data to carry out their work for us;
- our auditors, accountants, lawyers or other professional advisers and/or consultants on a need to know basis;
- regulators, government agencies, banks and law enforcement agencies in connection with any investigation or enquiries;
- fraud and crime prevention agencies for the purpose of assessing the risk of crime, fraud and money laundering and this is a condition of us entering into any contract with you;
- comply with any legal obligation, or in order to enforce the contract we entered with you, or to protect the rights, property or safety of Wemerge, our users, customers, or others;
- ensure that the underlying network that will be developed pursuant to the Token Generation Event and/or which the tokens are intended to be usable has sufficient and relevant information in order to support you and your use of the tokens;
- comply with court order or warrant;
- our selected merchants and strategic partners in accordance with the “marketing and opting out” policy above; and/or
- other parties in respect of whom you have given your express or implied consent.
5.2 Your personal data may also be disclosed as part of any merger, acquisition, debt financing, sale of company or business assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal data could be transferred to third parties as one of Wemerge's business assets. In such an event, we will attempt to notify you before your personal data is transferred, but you may not have the right to opt out of any such transfer.
6.0 IS YOUR PERSONAL DATA SECURE ON THIS WEBSITE?
6.1 We will use technical and organisational measures such as encryption, firewalls and secure socket layer technology to safeguard your personal data, for example:
- access to your account is controlled by a password and username that are unique to you;
- we store your personal data on secure servers.
6.2 The data that we collect from you may be transferred to, and stored at, a destination outside of your home country. It may be processed by staff who works for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfillment of your order or contract, the processing of your payment details and the provision of support services. Please note that we may transfer such data to a country that may not have the same data protection laws as your home country. By submitting your personal data, you agree to this transfer, storing or processing.
6.3 While we will use all commercially reasonable efforts to safeguard your personal data, you acknowledge that the use of the Internet is not completely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the Internet.
6.4 We disclaim all liability for the theft, loss, or interception of, or unauthorized access or damage to, your data, information, or communications resulting from your use of any aspect of this Website and/or Services. By using this Website and/or Services, you acknowledge and agree that you understand and assume these risks.
7.0 WHAT ARE YOUR RIGHTS?
7.1 You have a right to request access to, request for a copy of and to request a correction of the personal data and to contact us with any inquiries or complaints in respect of your personal data. Subject to our right to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data, you have the right at any time to request us to limit the processing and use of your personal data, including for any form of direct marketing.
7.2 This Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
8.0 HOW TO CONTACT US WITH QUESTIONS?
8.2 We may change or update this Policy from time to time. You should check this Policy occasionally to ensure you are aware of the most recent version that will apply each time you access and/or use this Website and/or Services.
8.3 This Policy may be issued in different languages. In the event of any inconsistencies or discrepancies between the English version and the non-English version, the English version shall prevail.
Last Revised: 10 March 2018