Loc8te Platform

Terms of Use

1. The company Loc8te Pte Ltd, with registered office at 600 North Bridge Road, Parkview Square, #11-08, 18878 Singapore, (hereinafter referred to as Loc8te) provides services in the field of "managed network services" and “cloud managed location marketing platform”. In this context, it provides the required contractual hardware for network access (hereinafter referred to as "Loc8te Platform") to the operator / contracting party (hereinafter "contracting party"). At the same time, the contracting party can contractually use the Loc8te Platform Dashboard (hereinafter "PD").

2. Service description of the Platform Dashboard
2.1. Under the contract concluded between Loc8te and the contracting party, the latter receives access to the PD. The dashboard scope and functionality may change with version updates and/or service packages.
2.2. For the use of the PD also the Login data of the respective contract partner / user are necessary. Regarding the handling and allocation of the Login data, reference is made to the General Terms and Conditions. Please refer to the terms and conditions section for further details.

3. Data security / data protection
Conditions of applicable data protection law. We also refer to our privacy policy for users.

4. Obligations and obligations of the contracting party
4.1. The contracting party is responsible in particular for the following obligations:
4.1.1. It is the contractual partner's responsibility to ensure that his / her account and the LOGIN data are protected against access as well as threats from third parties, such as viruses, Trojan horses, etc.
4.1.2 The contracting party shall refrain from using the PD improperly; it is obliged to comply with the general laws in compliance with national and international copyright laws when using the PD and in compliance with Personal Data Protection Laws (e.g. PDPA in Singapore). The contracting party acknowledges and refrains from giving or sharing access to the PD to anyone or any entity whom/which the content of the PD is not meant to obtain this information. The unsolicited sending of messages or information to third parties for advertising purposes is prohibited and would require the contracting party to receive the prior explicit consent from Loc8te .
Further, any user of the PD complies with using the service with the understanding that unauthorized retrieval and intrusion into data processing systems or networks is prohibited; that the use and / or performance of applications and / or facilities that prohibit disruption or alteration to the servers or the network is prohibited; that the offering and / or exploitation of copyrighted works on file sharing networks (peer-to-peer networks) is prohibited.
4.2. If the contractual partner violates his obligations under this section, Loc8te is entitled to immediately block his access without any notice. If the contractual partner violates his duties and obligations under this section considerably, culpably and persistently, Loc8teis entitled to take suitable and necessary measures for the elimination at the expense of the contractual partner.

5. The contractual partner indemnifies Loc8te and its vicarious agents from all claims of third parties based on the unlawful use of the PD and the related services of the contractual partner. In particular, the contractual partner exempts Loc8te and its vicarious agents from claims of third parties based on the infringement of copyright, data protection or other legal disputes that are attributable to the use of the PD. The same applies to the breach of a duty or obligation of the contracting party pursuant to Section 4 of these Terms of Use.

6. Liability
6.1. Liability is excluded for slightly negligent breaches of duty on both sides, as far as damages from injury to life, body or health or guarantees are not affected, claims under the Product Liability Act are affected or defects were fraudulently concealed.
6.2. Furthermore, the liability for the breach of obligations whose fulfilment the proper execution of the contract in the first place possible and on the compliance of which a site may regularly rely on remains unaffected. Significant contractual obligations are to be understood as obligations that the contract has to grant to the customer according to its purpose. The same applies to breaches of duty by vicarious agents. In the case of liability in accordance with the above provisions, the sum of liability is limited, as far as legally permissible, to the replacement of the contractually typical, foreseeable damage.
6.3. Furthermore, the liability of the parties for damages resulting from deliberate or grossly negligent actions of the parties remains unaffected.
6.4. A liability of Loc8te for all other damages is excluded.

7. Miscellaneous
7.1. In case of ineffectiveness or unenforceability of any of the above conditions, the validity of the remaining conditions shall not be affected. The ineffective or unenforceable clause shall be replaced by the most effective and enforceable clause that comes closest to the economic purpose and which the parties have pursued with the ineffective or unenforceable clause.
7.2. Should individual provisions of these conditions be wholly or partially subject to interpretation or supplementation, the interpretation or addition must be made in such a way that the spirit, content and purpose of these conditions as best as possible. It shall apply to the arrangements that the parties would reasonably have agreed if, when concluding this agreement, they had considered the need for interpretation or supplementation of the relevant provision.
7.3. The law of the Republic of Singapore.
7.4. The exclusive place of jurisdiction for disputes in connection with these terms of use is Singapore.

Last updated: 09/2023