QUESTNET ONLINE TERMS AND CONDITIONS
 
  1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
    1. These QUESTNET Online Terms and Conditions and Registration/Subscription Form ("Terms") comprise the Agreement for QUESTNET usage between the User and Experian Credit Services Singapore Pte. Ltd. ("Experian"). Experian reserves the right to modify the Terms at its sole discretion without notice to the User. The User's continued use of the Services following the modifications constitutes an acknowledgement and acceptance of the amended terms and an agreement to abide and to be bound by the amended terms.
    2. In case a separate contract is signed by and between the User and Experian for QUESTNET usage such contract will prevail over these Terms, as may be amended from time to time, to the extent of any conflict or inconsistency.
    3. By completing the registration/ subscription process and clicking the 'Finish' button and by using the Services, the User agrees to be bound by these Terms.
  2. DEFINITIONS
    Word or Expression Meaning
    Commencement Date The date specified by Experian in writing in its notice to the User through email, indicating the acceptance of the registration or subscription by the User for the Services;
    Contract Year A twelve calendar months period from the Commencement Date or any anniversary of the Commencement Date;
    Force Majeure Any act of government or state, civil commotion, epidemic, fire, flood, industrial action or organised protests by third parties, natural disaster, war, failure of payment systems, or any event beyond the reasonable control of the party claiming to be excused from performance of its obligations;
    Questnet The Internet web site at http://www.QuestNet.sg
    Information Information made available to the User through QUESTNET;
    Intellectual Property Rights Copyright, database right, domain names, patents, registered and unregistered design rights, registered and unregistered trademarks, and all other industrial, commercial or intellectual property rights existing in any jurisdiction in the world and all the rights to apply for the same;
    Package Plan A pre-paid plan the User selects to subscribe to;
    Package Plan Period 12 calendar months commencing on the day of the subscription for a Package Plan;
    Permitted Purpose The internal business purposes of the User and not in any event for unlawful activities or for the provision of any bureau services to any third parties;
    Services The services as detailed in Clause 4.1 to be provided at QUESTNET, including any system, software or data (whether electronically transferred or in printed form);
    User A subscriber for the Services, whose particulars are stated in the registration/ subscription form.
  3. DECLARATIONS AND WARRANTIES
    1. The User declares and warrants that:
      1. it is not involved in:
        1. any type of illegal organisations/industries or illegal activities;
        2. illegal lotteries/lottery brokers;
        3. narcotics;
        4. adult entertainment, including pornographic/adult materials;
        5. child labor, forced labor, human trafficking;
        6. pyramid schemes (a form of investment in which each paying participant recruits two further participants, with returns being given to early participants using money contributed by later ones);
        7. tax evasion;
        8. terrorist organisations, including company-financed;
      2. It is not a sanctioned entity or individual (a country, government/agency of a country, an organisation directly/indirectly controlled by a country or its government or a resident in/of a country that is subject to a country's sanctions programme).
    2. ENTITIES OR INDIVIDUALS FALLING UNDER CLAUSE 3.1 ABOVE ARE STRICTLY FORBIDDEN TO ACCESS QUESTNET AND USE THE SERVICES.
  4. ACCESS TO QUESTNET
    1. Experian grants the User a non-transferable, non-exclusive right to access QUESTNET and the Information available through it.
    2. Experian reserves the right at any time and without prior notice to the User:
      1. to change QUESTNET hours of operation;
      2. to withdraw or add Services and/or Information to be provided at QUESTNET.
  5. PAYMENT TERMS
    1. The User shall pay the fees in accordance with a package plan he subscribed to or, if the User does not wish to subscribe to any package plan, in accordance with the price list available online at QUESTNET.
    2. Package Plan will be valid for a Package Plan Period. If the User has subscribed to a Package Plan, Experian is entitled to charge a full price of that Package Plan irrespective of User's actual usage during the Package Plan Period. No refund will be made for unused portion of the Package Plan at the end of the Package Plan Period.
    3. Experian reserves the right to amend the price list upon thirty (30) days prior notice to the User.
  6. NATURE OF THE SERVICES/INFORMATION
    1. Experian's Services/Information are not intended to be used as the sole basis for any business decision, and are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for Experian to guarantee. Experian is therefore not able to accept any liability for:
      1. any inaccuracy, incompleteness or other error in the Services and/or the Information which arises as a result of data provided to Experian by the User or any third party;
      2. any failure of the Services to achieve any particular result for the User.
  7. USE OF QUESTNET /SERVICES/INFORMATION
    1. The User agrees that it will:
      1. use QUESTNET and/or the Services and/or the Information for the Permitted Purpose only and in compliance with all applicable laws and regulations;
      2. not use QUESTNET and/or the Services and/or the Information for illegal purposes;
      3. not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party QUESTNET and/or any of the Services and/or Information;
      4. not (and will not allow any third party to) copy, adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with QUESTNET and/or the Services and/or any Information;
      5. be responsible for the set-up or configuration of his equipment for access to QUESTNET;
      6. comply with all notices or instructions given by Experian from time to time in respect of the use of QUESTNET;
      7. comply with the rules of any network or Internet service provider through which the User accesses QUESTNET;
      8. be solely responsible for the maintenance and confidentiality of the login name and password, and all activities and transmission performed using his login name;
      9. notify immediately and provide Experian with a written notice of any unauthorized use and/or theft and /or loss of User's login name and/or password or any other breach of security known to the User. The User shall remain liable for any use of QUESTNET and/or the Services made by any third party using User's login name until such unauthorized use and/or theft and/or loss is notified to Experian;
      10. not introduce, post or transmit any information or software which contains virus or other harmful components onto Experian's network system;
      11. not violate or attempt to violate the security of QUESTNET and/or web sites linked to QUESTNET. This includes but not limited to accessing data and information not intended for them or logging onto a server or account, which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization.
    2. Without prejudice to the general obligations under Clause 7.1.1, the User undertakes, if and to the extent required by applicable laws and regulations, to obtain all consents necessary for purchase of information about third parties.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. All Intellectual Property Rights in QUESTNET, the Services and Information will remain vested in Experian (or its relevant licensors).
    2. The User:
      1. acknowledges and agrees that it shall not acquire or claim any title, ownership rights or interest to Experian's Intellectual Property Rights (or those of its licensors) by virtue of the rights granted to it under these Terms or through its use of such Intellectual Property Rights;
      2. agrees that it will not, at any time, do, or omit to do, anything which is likely to prejudice Experian's ownership (or its licensors' ownership) of such Intellectual Property Rights; and
      3. agrees not to remove, suppress or modify in any way any proprietary marking, including any trade mark or copyright notice, on or in the materials of Experian and agrees to incorporate any such proprietary markings in any copies it takes of such materials.
  9. DISCLAIMER OF WARRANTIES AND LIMITS ON LIABILITY
    1. TO THE EXTENT PERMITTED BY LAW, EXPERIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    2. Experian total aggregate liability to the User arising from or in connection with the Services is limited to the fees paid by the User to Experian during the Contract Year in which the liability arose.
    3. In no event shall Experian be liable to the User (whether in contract, negligence, for breach of statutory duty or under indemnity or otherwise and notwithstanding any notice of the possibility such loss) for:
      1. any indirect or consequential loss;
      2. pure economic loss including loss of profits; loss of earnings; loss of business or goodwill; or
      3. anticipated or incidental losses: including loss of anticipated savings; increase in bad debt; failure to reduce bad debt.
  10. TERMINATION OF SERVICES
    1. Experian shall be entitled to terminate provision of Services to the User:
      1. immediately by serving written notice on the User if the User commits a material breach of any of its obligations under these Terms;
      2. upon fourteen (14) days prior notice to the User who has subscribed to a Package Plan or with immediate effect to the User who has not subscribed to any Package Plan, at Experian's sole discretion and without any reason.
    2. Termination of the Services (or of any element of it) shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect beyond termination.
  11. MAINTENANCE SERVICES
    1. Experian reserves the right at any time and without prior notice to the User to limit and/or deactivate and/or suspend the User's access to the Services and/or QUESTNET for any reason it deems necessary including in order to carry out system maintenance, perform repairs, make modifications, upgrading, testing and other related work. Experian shall not be liable for any loss, damage, costs and/or expense that the User may suffer or incur, and no fees payable by the User to Experian shall be deducted, refunded or rebated, as a result of such limitation, deactivation or suspension.
  12. INDEMNITY
    The User shall fully indemnify Experian against any and all losses (direct or indirect), claims, demands, damages, expenses (including any associated legal expenses) or liabilities whatsoever arising out of or in connection with the User's access to and/or usage of QUESTNET and/or Services and/or Information.
  13. USE OF DATA
    1. The User hereby agrees that Experian and its related or affiliated companies and organisations (hereafter collectively referred to as "Experian") may collect, use, process, disclose, and/or transfer any personal data supplied by the User in connection with the use of the Services for the purposes of administering, maintaining and terminating User's QUESTNET account and keeping the User informed of updates, changes and developments relating to the QUESTNET and/or Services, the scope of which may include but is not limited to:
      1. administering and maintaining User's QUESTNET account;
      2. engaging third party service providers to perform certain aspects of the Services;
      3. customer profiling, market analysis and research purposes;
      4. unless the User notifies Experian that he does not wish to receive such information, sending from time to time information through e-mail about QUESTNET and/or Services, promotions and special offers about Experian services;
      5. notifying the User about important changes to QUESTNET and/or Services;
      6. responding to queries or feedback from the User;
      7. enforcing these Terms and Experian's legal rights and remedies; and
      8. for such other purposes as permitted by applicable law or with your consent.
  14. GENERAL
    1. If any part of these Terms is found to be invalid or unenforceable by any Court or other competent body, such invalidity or unenforceability shall not affect the other provisions of the Terms and such other provisions shall remain in full force and effect.
    2. If either party fails to exercise a right or remedy that it has or which arises in relation to these Terms, such failure shall not prevent that party from exercising that right or remedy subsequently in respect of that or any other incident.
    3. A waiver of any breach or provision of these Terms shall only be effective if it is made in writing and signed on behalf of the party who is waiving the breach or provision. Any waiver of a breach of any provision of these Terms shall not be deemed a waiver of any subsequent breach and shall not affect the enforceability of any other provision of these Terms.
    4. These Terms and all matters arising out of it shall be governed by, and construed in accordance with, the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction over any claim or matter which may arise out of or in connection with these Terms.
    5. The parties hereby agree that nothing in these Terms shall be construed as creating a right which is enforceable by any person who is not a party to these Terms or a permitted assignee of such a party under or by virtue of the Contracts (Rights of Third Parties) Act (Cap. 53B).
Version: March 2021