Terms & Conditions
(Last updated: 30th Nov 2022)
Tricove Tech Pte. Ltd. ("Tricove") provides its services to you through its website located at https://www.digicard.com.sg (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Services"), subject to the following Terms & Conditions (as amended from time to time, the "Terms & Conditions").
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy. All such terms are hereby incorporated by reference into these Terms & Conditions.
Use of the Service
Tricove’s DigiCard services are accessible over the internet for the purpose of sharing, updating, storing, accessing, and otherwise using your own contact information and/or the contact information of other people in your network.
You are required to register and create your user account with Tricove in order to access and use the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. If you are under 18 years of age, you are not authorized to use the Service.
Registration requires the following information:
You will be able to amend and change your user account information via the User Dashboard, which can be accessed through the button found on the top right corner of the homepage ("Account Settings").
Should you require to change your password, you can select “Change Password” and you will be prompted to enter both your current and new password.
Upon successful registration with Tricove, you will have the ability to create, manage and share your digital business cards. You will also be able to have some basic analytics about your cards and recipients.
You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions that are required to use and enable Tricove to use the applicable Personal Data for the purposes of this Agreement, and/or otherwise to use the Personal Data in the manner contemplated by this Agreement.
You agree that you will not scan through the Application any physical business card which you are unauthorized to possess, scan or upload any of the Personal Data which appear thereunder in the country in which you are resident, or of which use by Tricove in connection with this Agreement is not explicitly authorized by the applicable individuals to whom Personal Data belong. Tricove explicitly reserves the right, but not the obligation, to remove any Personal Data without prior notice, at its sole discretion. In addition, Tricove may remove the Personal Data upon any request by a user.
You hereby further undertake not to interfere with or violate other individuals' rights to privacy and other rights, or harvest or collect data and information about them, including, inter alia, any physical business cards and/or Personal Data, without their express consent.
You agree to be responsible for any act or omission of any users that access the Services under your account. You agree to immediately notify Tricove of any breach of security of which you become aware.
Tricove reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tricove will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You acknowledge that Tricove may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Tricove's servers on your behalf. You agree that Tricove has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Tricove reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Tricove reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Creating and Managing your Tricove Cards
Tricove lets you create and manage your cards using your own information ("Tricove DigiCards"). Created Tricove DigiCards can be found on the homepage of the application under the DigiCards section.
You will be able to add, edit and share your card information at your discretion:
Sharing your Tricove Cards
By sharing your Tricove Cards, you choose to make these cards available to the recipients you choose. Tricove is not responsible for the further forwarding of your Tricove Cards, or sharing of your information, by your recipients.
Tricove lets you share your Tricove Cards through the following means:
Sharing through NFC will require your phone and your recipients’ phones to have NFC. NFC will have to be turned on for Android devices, and activated, if applicable. Saving your Tricove Cards’ QR codes will require you to enable Tricove to save to your photo gallery, if applicable.
Storing Business Cards
Tricove lets you receive, store, and manage a collection of users’ business cards within the application ("DigiCards"). You can choose to allow Tricove to access your location when using the application, to log where you share business cards with other users.
Basic Card Analytics
You will be able to see basic information and statistics about your Tricove DigiCards by clicking on STATS ("DigiCard Analytics"), including but not limited to how your Tricove DigiCards are shared and viewed, and how your recipients interact with your Tricove DigiCards.
Conditions of Use
You are solely responsible for all information, data, text, images, video, or other materials ("Content") that you upload, post, publish, display, transmit or send (collectively, "Transmit") or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Tricove. Tricove reserves the right to investigate and take appropriate legal action against anyone who, in Tricove's sole discretion, violates this provision, including without limitation, suspending, or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
(a) Transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," or "spam," (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (vii) in the sole judgment of Tricove, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Tricove or its users to any harm or liability of any type.
(b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
(c) violate any applicable local, state, national or international law, or any regulations having the force of law.
(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(e) solicit personal information from anyone under the age of 18.
(f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
(g) submit to Tricove Personal Data relating to third parties without the consent of such third parties.
(h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
(i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Third Party Distribution Channels
Tricove may offer Software applications that may be made available through the third-party distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms & Conditions are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Intellectual Property Rights
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Tricove, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Tricove from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Service or distributed in connection therewith are the property of Tricove, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Tricove.
The Tricove name and logos are trademarks and service marks of Tricove (collectively the "Tricove Trademarks"). Other Tricove, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tricove. Nothing in these Terms & Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tricove Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Tricove Trademarks will inure to our exclusive benefit.
With respect to the Content or other materials you transmit through the Service or share with other users or recipients (collectively, "User Data"), you represent and warrant that you own all right, title and interest in and to such User Data, including, without limitation, all copyrights and rights of publicity contained therein. By transmitting any User Data through the Service, you hereby grant and will grant Tricove and its affiliated companies a license to perform the actions necessary to deliver User Data to the intended recipients.
You also acknowledge and agree that User Data does not include any System Data. System Data is owned by Tricove. "System Data" means aggregated and anonymous user and other data regarding the Services that may be used to generate logs, statistics and reports regarding performance, availability, integrity, and security of the Services. System Data does not include the contact information or Personal Data of your contacts that you upload or receive through the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service provided by you to Tricove ("Submissions"), and any User Data that you make available through the Service in a manner that allows other users of the Service and/or members of the general public not specified or identified by you to access your User Data ("Public User Content") are non-confidential and Tricove will be entitled to the unrestricted use and dissemination of these Submissions and Public User Data for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Tricove may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests;
(b) enforce these Terms & Conditions;
(c) respond to claims that any content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Tricove, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
Third Party Services
The Service may provide, or third parties may provide, links or other access to other sites, services, products, and resources on the Internet ("Third Party Services"). Tricove has no control over such Third-Party Services and Tricove is not responsible for and does not endorse such Third-Party Services. You further acknowledge and agree that Tricove will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such Third-Party Service. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Tricove is not liable for any loss or claim that you may have against any such third party.
Under no circumstances will Tricove be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Tricove does not pre-screen content, but that Tricove and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Indemnification
You agree to defend, indemnify and hold Tricove, its officers, directors, employees and agents and affiliates harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:
(i) Your use of the Service;
(ii) Your violation of any term of this Agreement;
(iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and
(iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Service. This defense and indemnification obligation will survive this Service.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRICOVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TRICOVE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRICOVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRICOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TRICOVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRICOVE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED SINGAPORE DOLLARS (SGD $100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU AND ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE APPLICABLE STATE. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER APPLICABLE LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Termination
You agree that Tricove, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and delete any content within the Service, for any reason, including, but not limited to, the lack of use or if Tricove believes that you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Tricove may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that Tricove may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Tricove will not be liable to you or any third party for any termination of your access to the Service.
General
These Terms & Conditions constitute the agreement between you and Tricove, and govern your use of the Service, superseding all prior or contemporaneous written or oral agreements or understandings between you and Tricove with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, content or software.
These Terms & Conditions shall be governed by the laws of Singapore. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Tricove agree to submit such dispute to the non-exclusive jurisdiction of the Singapore courts.
The failure of Tricove to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms & Conditions without the prior written consent of Tricove, but Tricove may assign, sublicense, or transfer any or all of its rights and obligations under these Terms & Conditions without restriction. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
User Privacy
At Tricove, we know the importance of your privacy, as well as maintaining the security and confidentiality of our users’ personal data. For more information, please feel free to look over our Privacy Policy. By using the Service, you consent to our collection and use of Personal Data as outlined therein.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Tricove will have no liability or responsibility with respect thereto. Tricove reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Changes to Tricove Terms & Conditions
Tricove reserves the right, at our sole discretion, to change or modify portions of these Terms & Conditions at any time and may update these Terms & Conditions from time to time. If we do update our Terms & Conditions, we will post those changes on our Site, together with the date of which it is updated. The Service will provide notices to you of changes to these Terms & Conditions or other matters either through the Service, in an email notification or through other reasonable means.
For existing users of the Service, any such changes will become effective no earlier than seven days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately, and for new users signing up for the Service, any changes will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms & Conditions.
Questions
Should you have any questions or uncertainties, or should you feel that any of your personal rights has been compromised by the Service, please feel free to contact us within the Service, or reach us at enquiry@digicard.com.sg
Receive latest news, update, and many other things every week.
