- FindWitness is a proprietary Platform that provides the following services:-
- video and image hosting and sharing of information regarding accidents so as to ease the burden of evidence gathering and witness finding for accident victims (“the Users”); and
- facilitating witnesses or those with videos or images or information regarding accidents to communicate with us or to provide or upload videos or images or information regarding accidents through the Platform in a secured manner for retention in its databank and processing for the benefit of Users and accident victims. (hereinafter referred to as “the Services”).
- In order to access the Platform, you will have to first create a FindWitness account.
- If you create an account on the Platform, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person.
- If you violate any of these terms, we may terminate your account and, without limitation, you may forfeit any amount due to be credit to you under or in respect of your account. If we terminate your account, you may not re-enrol or join under a new account unless we formally approve the same (including re-enrolling or joining with a different mobile phone number, email account or under a different name). If you commit fraud or falsify information in connection with your use of the Platform or in connection with your FindWitness account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue any action which is available to us (including the use of any available legal remedies) and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Platform.
- By creating a FindWitness Account, you represent to us as follows:
- you have the right to provide any video, image, information or material that you intend to provide through the Platform;
- any information you submit to the Platform will be true, genuine and accurate; and
- you are the owner of the material, or have all necessary rights to reproduce, display or transmit such material or are making your submission or transmission with the express consent of the owner thereof and that there is no infringement of any intellectual property rights of another; and
- the owner of such material has expressly assigned or granted FindWitness a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or intellectual property rights that may exist in such material.
- In the event of your misrepresentation of any of the above matters, you shall be liable to indemnify and hold harmless us, our affiliates, agents and representatives against all damages, costs and expenses including any claim from any third parties and legal costs on full solicitor and client basis that arises from such misrepresentation to us.
- By your use of the Platform, you further hereby agree as follows:
- you shall use the Services for legitimate and lawful purposes only;
- you shall safeguard your FindWitness Account and supervise the use of your FindWitness Account, and you shall be responsible for your own use and the use of your your FindWitness Account by anyone who has access to your account;
- any calls made by you or your authorized representative to FindWitness service centre may be recorded for training, quality and archival purposes.
Availability of the Platform
- You acknowledge and accept that there may be interruptions in the Services that are beyond our control. While we use reasonable efforts to keep the Platform accessible, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance or upgrading. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Platform may be interrupted, suspended or terminated at any time, without prior notice to you. We retain the right, at our sole discretion, to deny service or access to the Platform to anyone or any account, at any time and for any reason as we may in our discretion deem to be appropriate.
- We reserve complete and sole discretion with respect to the operation of Platform. This means that we may, amongst other things:We reserve complete and sole discretion with respect to the operation of Platform. This means that we may, amongst other things:
- withdraw, suspend or discontinue any functionality or feature of the Platform; and
- review forums, user comments and chats and authorise restrictions or make prohibitions on access thereto.
Ownership of the Platform
- FindWitness grants to the Users searching for evidence and witnesses for an accident and the Providers who wish to provide useful material to assist accident victims revocable licences to use the Platform but not the right of ownership of the Platform.
- As such, continued use by the Users and the Providers of the website or the Platform is always subject to our approval.
- Everything located on or in the Platform is the exclusive property of FindWitness or is being used with permission. The content and information on the Platform (including but not limited to text, software, photographs, graphics, illustrations and artwork, layout, colour combinations and other graphical elements, video, music and sound, names, logos, trade marks and service marks including the “look” and “feel” of the Platform), as well as the infrastructure supporting the Platform, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of FindWitness.
- Any copying, distributing, transmitting, posting, framing, linking, deep linking, or other modification of the Platform or microsites within the Platform without our express written permission is prohibited. Any violation of this requirement may result in a copyright, trade mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Transmission of Information
- Because we do not control the security of the Internet or other networks you use to access the Platform or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with FindWitness and the Platform while it is being transmitted. In addition, FindWitness is not responsible for any data lost during transmission.
Your Conduct on the Platform
- submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your FindWitness Account;
- attempting to, or actually accessing data not intended for you, such as logging into a server, module or an account which you are not authorised to access or which is not meant for you to access;
- attempting to scan, or test the security or configuration of the Platform or to breach security or authentication measures without proper authorisation;
- tampering or interfering with the proper functioning of any part, page or area of the Platform and any and all functions and services provided by FindWitness;
- attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform, or attempts at ‘hacking”, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Platform;
- disseminating or transmitting material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially or ethnically discriminating or otherwise objectionable nature including, but not limited to, any material which encourages conduct that would constitute a criminal offence, violate the rights of others, or otherwise violate any applicable local, state, national or international law or which impersonate any person or entity or to misrepresent your affiliation or association with any person or entity ;
- disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trade mark, patent, trade secret or other intellectual property right of any person;
- using the Platform or any of its contents to advertise or solicit, for any other commercial, social, political or religious purpose, or to compete, directly or indirectly with FindWitness;
- reselling or repurposing your access to the Platform;
- using the Platform or any of its resources to solicit the Users, the Providers or other business partners of FindWitness to become the Users or partners of other online or offline services directly or indirectly competitive or potentially competitive with FindWitness, including without limitation, aggregating current or previously offered service offerings;
- using any information available on or through the Platform for any commercial purpose, including, but not limited to, marketing;
- submitting false or fraudulent claims;
- accessing, monitoring or copying any content or information from the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform;
- taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- aggregating any live or post-feature content or other information from the Platform (whether using links or other technical means or physical records) with material from other sites or on a secondary site without our express written permission.
- deep-linking to any portion of the Platform without our express written permission;
- acting illegally or maliciously against the business interests or reputation of FindWitness, any user or information provider, any of the Services provided through the Platform (including posting reviews which are, in our sole discretion, defamatory, purposefully malicious, frivolous and/or baseless);
- hyperlinking to the Platform from any other website without our initial and ongoing consent; or
Information Supplied Through the Platform
- We do not control information provided by Providers. You may find information or material provided by the Providers to be inaccurate, harmful or offensive. By using the Services, a User assume all of the risks associated with the use of the Platform and you agree to accept such risks and agree that FindWitness is not responsible for the acts or omissions of any of other persons including other Users or the Providers through the Platform.
- Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Platform, including any material, comments or reviews which we consider in our sole discretion to be harmful, offensive, defamatory, deceptive and/or unlawful.
- It is within the absolute discretion of FindWitness whether to make use of, to temporarily retain in its databank or to share or to publish any information or material provided by any Provider depending on their actual or potential usefulness and benefit to any User or accident victim involved.
- In view of the time and resources expended by us in sifting through, matching and finding the relevant videos, images or information that may be provided by various providers through the FindWitness Platform for the benefit of the accident victims/the Users, FindWitness reserves the right to charge a service fee for the Services in accordance with such rate of charges as may be posted on the Platform to the User who makes use of any relevant video, image or relevant information provided through the Platform.
Limitation of Liability
- FindWitness is not responsible for any claims for injuries, illnesses, damages, liabilities and costs (“the Liabilities”) that any Provider or User may suffer, directly or indirectly, in full or in part, whether related to the performance of any of the Services (or non-performance of any of any Services which have been agreed to have been performed) or otherwise.
- To the fullest extent permitted by law, you agree to and hereby waive and release FindWitness and its holding company(ies), subsidiaries, associated companies or organisations (whether incorporated or not), affiliates, partners, officers, directors, staff members, shareholders and agents from any liabilities arising from or related to:-
- any information, action or omission by a User or a Provider; and/or
- any indirect, special, punitive, consequential, (including, lost profits or lost data collected through the Platform), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if FindWitness has been advised of the possibility of such damages. In no event will FindWitness be liable in respect of any sum or reward contracted or undertaken to be paid by any User.
- To the maximum extent permitted by applicable law, FindWitness assumes no liability or responsibility for the following:-
- errors, mistakes, or inaccuracies of content for the Platform;
- personal injury or property damage, of any nature whatsoever, resulting from your access to the Platform or use of the Services;
- any unauthorised access to or use of our servers and/or any and all information stored in our databank;
- any interruption or cessation of transmission to or from the Platform;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any person;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform; and/or
- user content or the defamatory, offensive, inappropriate or illegal conduct of any third party.
- The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction in which you are located or in which you are accessing the P.
Links to Third Party Sites
- We don’t have control over websites that FindWitness may link to. FindWitness may contain links to third party websites or platforms that are not owned, operated, or controlled by FindWitness. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or platforms or the entities that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using the Platform you expressly relieve us from any and all liability arising from your use of any third party website or Platform.
- The Platform and any microsite within the Platform contains copyrighted material, trade marks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Platform are protected by copyright. FindWitness owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create any derivative works, or in any way exploit any of the content of the Platform, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of FindWitness is permitted.
- If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trade mark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from the Platform.
- “FindWitness” is a trade mark of Findwitness (Singapore) Pte. Ltd. “FindWitness” together with other trade marks that are located within or on the Platform otherwise owned or operated in conjunction with FindWitness shall not be deemed to be in the public domain but rather the exclusive property of FindWitness, unless such mark or site is under licence from the trade mark owner thereof, in which case such license is for the exclusive benefit and use of FindWitness unless otherwise stated.
- You will not upload, post or otherwise make available on the Platform any material protected by copyright, trade mark or other proprietary right without the express permission of the owner of the copyright, trade mark or other proprietary right. FindWitness does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trade marked. You will be solely liable for any damage resulting from any infringement of copyrights, trade marks, proprietary rights or intellectual property rights.
- By submitting material to any public area of the Platform, you warrant that the owner of such material has expressly assigned or granted FindWitness a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other the Users to access, view, store or reproduce the material for that User’s personal use. You also grant FindWitness the right to edit, copy, publish and distribute any material that you make available on the Platform.
- FindWitness reserves the right to terminate its agreement with you or any other user of the Platform who infringes third-party copyright. If you believe that any material has been posted on or through the Platform by any person in a way that constitutes copyright infringement, you shall provide FindWitness with the following information:
- a communication from the owner of the copyrighted work or an authorized representative of such copyright owner. In the case of an authorized representative of the copyright owner who is an individual, a letter of authority bearing the electronic or physical signature of such owner of the copyrighted work authorizing such representative to act on his or her behalf must also be provided to us;
- an identification of the copyrighted work and the location on the Platform of the allegedly infringing work;
- a written statement that you in good faith believe that the disputed use is not authorised by the owner or his or her authorized representative;
- the name and contact information, including telephone number and e-mail address of the copyright owner or his or her authorized representative; and
- a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
- If you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and legal costs incurred by us on full solicitor and client indemnity basis.
- FindWitness has adopted a policy of terminating, in appropriate circumstances, the Users of the Platform who are deemed to be repeat infringers. FindWitness may also at its sole discretion limit access to the Platform and/or terminate the accounts of any user of the Platform who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
- You expressly agree that use of the Platform is at your own risk. to the maximum extent permitted by applicable law, you agree that the services provided on and through the Platform are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of probability, fitness for a particular purpose, or non-infringement. without limiting the foregoing, neither FindWitness, its subsidiaries, affiliates or any of their respective staff members, agents, pros, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the Platform will be uninterrupted or error free; nor do they make any warranty as to:
- the results that may be obtained from use of the Platform, or
- the accuracy, reliability or content of any information or any service provided through the Platform.
- The Platform is made accessible on an “as is” and “as available” basis. FindWitness hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose
- FindWitness does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website or Platform, and FindWitness will not be a party to or in any way monitor any transaction between you and third-party providers of services.
- FindWitness makes no representations that the Platform is appropriate or available for use in jurisdictions other than the locations in which the Services are offered. Those who access or use the Platform from other jurisdictions do so at their own risks and are responsible for compliance with their own local laws.
- If the mediation referred to in paragraph above fails as determined by the Singapore Mediation Centre, a Dispute may be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The arbitral tribunal shall consist of one arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English. Instead of arbitration, FindWitness may choose to resolve any dispute with a Platform user who is a Singapore national or Singapore constituted entity through a Court of law within the Singapore jurisdiction in order to save legal costs for all parties involved particularly, with respect to payment issues.
- You agree to defend, indemnify and hold harmless Findwitness (Singapore) Pte. Ltd and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’ fees on a full indemnity basis) arising out of or related to:
- your use of the Platform and any Service, including any data or content transmitted or received by you;
- your violation of any third-party right, including without limitation any right of privacy or intellectual property rights of any person;
- your violation of any applicable law, rule or regulation;
- user content or any other information or content that is submitted through your account including (without limitation) misleading, false or inaccurate information;
- negligent or wilful misconduct; or
- any other party’s access and use of the Platform with your unique username, password or other appropriate security code.
Choice of Law