PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE WILL BE DEEMED YOUR ACCEPTANCE OF THESE TERMS.

The TMchecks website at www.tmchecks.com and app, as well as other related content, software, features, materials, applications and/or services (collectively and together with the website, the “Site”) is provided by Berserq Pte Ltd ("Berserq") and may be used solely for information purposes. Your use of the Site constitutes your acceptance of these terms of use (“Terms of Use”). If you do not accept these Terms of Use, do not access or use the Site.

These Terms of Use describe your responsibilities, Berserq’s liability and the liability of third parties related to the Site. Certain portions of the Site may be subject to additional terms and conditions specified by us from time to time; your use of the Site is subject to those additional terms and conditions.

These Terms of Use may be changed from time to time without notice. Please check these Terms of Use frequently. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not accept these or any future terms, do not access the Site.

At any time, without notice, and in its sole discretion, and because the Site is evolving over time, Berserq may:

• (i) terminate, change, suspend or discontinue all or any aspect of the Site, including the availability of any features, at any time;
• (ii) remove, modify or otherwise change any content;
• (iii) impose limits on certain features and services or restrict your access to parts or to the entire Site; and
• (iv) terminate your use of the Site.

These Terms of Use apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Berserq regarding other topics than the use of the Site.

THE SITE DOES NOT PROVIDE LEGAL ADVICE AND BERSERQ IS NOT A LEGAL SERVICE PROVIDER. BERSERQ IS NOT ENGAGED IN RENDERING LEGAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE VIA THE SITE, AND ANY AND ALL INFORMATION PROVIDED IS NOT INTENDED TO REPLACE LEGAL ADVICE OFFERED BY A QUALIFIED LAWYER OR TRADEMARKS ATTORNEY. IF YOU DESIRE OR NEED SUCH SERVICES OR ADVICE, YOU SHOULD CONSULT A QUALIFIED LAWYER OR TRADEMARKS ATTORNEY. YOU SHOULD NOT TAKE ANY ACTION ON THE BASIS OF ANY INFORMATION OBTAINED THROUGH THE SITE. ALWAYS SEEK THE ADVICE OF A QUALIFIED LAWYER OR TRADEMARKS ATTORNEY WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL OR IP ISSUE. NEVER DISREGARD PROFESSIONAL LEGAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THE SITE.

BY USING THE SITE, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE, INCLUDING ALL POLICIES REFERRED HEREIN, INCLUDING WITHOUT LIMITATION THE PRIVACY POLICY, AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORISED TO USE ANY OF THE SITE.

For purposes of these Terms of Use, “you” and “your” means you as the user of the Site. If you use the Site on behalf of a company, organisation, association, partnership, network, including without limitation provider network, or any other entity other than an individual, or you use the Site on behalf of another individual, then

• (a) “you” includes you and that entity or that other individual, as applicable, and
• (b) you represent and warrant that you are an authorised representative of the entity or individual with the authority to bind the entity or that other individual, as applicable, to these Terms of Use, and that you agree to these Terms of Use on the entity’s or individual’s behalf, and
• (c) the entity or the other individual, as and if applicable, is legally and financially responsible for your use of the Site, and in the case of entities as well as for the use by others affiliated with your entity, including any employees, agents or contractors.

1. PROPRIETARY RIGHTS

1.1 Berserq created content.

All Berserq created content on the Site, including but not limited to, text, software, technical drawings, configurations, graphics, other files, and their selection, design and arrangement (“Berserq Content”), belongs either to Berserq or to any other owner having given authorisation to Berserq and is Copyright © 2021 Berserq. All rights reserved. The Berserq Content may not be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Berserq’s prior written permission, except that you may download and print Berserq Content, in whole or in part, for uses that are not competitive with, or derogatory to, Berserq, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish or trade Berserq Content, in whole or in part, on any Internet site or to incorporate the Berserq Content, in whole or in part, in any other database or compilation or in any other work that can be published or traded. Any other use of Berserq Content is strictly prohibited.

1.2 Site User created content.

Except as otherwise provided, you agree that any content you transmit through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, texts, ideas, plans, notes, drawings, configurations, specifications, performance data, images or other material, data or information (“User Content”), are non-confidential and non-proprietary. You further grant to Berserq an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including, but not limited to, a copyright license) to use, copy, reproduce, alter, incorporate, modify, and display the User Content, in whole or in part, and to create derivative works based thereon, for any purpose, including, but not limited to (1) internal and external education and training; (ii) marketing and product documentation; and (iii) internal technology and product development efforts. You represent that you own or have the necessary rights, consents, and permissions to use and authorise the use of User Content as described herein and as required for us to provide the Site. You may not imply that your User Content is in any way sponsored or endorsed by us. You represent and warrant that your User Content does not violate these Terms of Use. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms of Use or our other policies, (1) to maintain User Content in confidence, except as required by applicable law; (2) to pay you any compensation for User Content; (3) to credit or acknowledge you for User Content; (4) to respond to User Content; or (5) to exercise any of the rights granted herein with respect to User Content.

We welcome feedback, comments and suggestions for improvements to the Site. Any and all:

• (a) suggestions for correction, change and modification to the Site and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Berserq by you (collectively “Feedback”), and
• (b) improvements, updates, modifications or enhancements, whether made, created or developed by Berserq or otherwise relating to the Site (collectively, “Revisions”), are and will remain the property of Berserq.

You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Site or in any such Feedback or Revisions, in the form of ownership, license or otherwise. All Feedback and Revisions become the sole and exclusive property of Berserq and Berserq may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Berserq any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Berserq’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment at Berserq’s expense. You hereby consent that Berserq may do any or all acts or omissions which would otherwise be an infringement of your moral rights that you may have in and to any and all Feedback and Revisions.

1.3 Trademarks

All trademarks on the Site are either trademarks or registered trademarks of Berserq or its affiliates or licensors and may not be copied, reproduced, imitated, or used, in whole or in part, without the prior written permission of Berserq or such affiliates or licensors, as the case may be. All page headers, custom graphics, button icons, and logos are service marks, trademarks and/or trade dress of Berserq or its affiliates, and may not be copied, reproduced, imitated, or used, in whole or in part, without the prior written permission of Berserq or such affiliates. Other trademarks, registered trademarks, product names, and company names and/or logos displayed on the Site are the property of their respective owners.

1.4 Patents

Berserq’s products and processes referred to or posted on the Site may be covered by one or more patents/patent applications and/or are subject to other trade secret and/or any other proprietary rights. Berserq reserves all such rights. No transfer or grant of any rights under any such patents/patent applications is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Site. You agree not to infringe upon all the above rights.

1.5 Software

Any software, files or images generated by the software, code, and data accompanying the software ("Software"), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes according to the conditions expressly stated on the Site, provided that such uses are not competitive with or derogatory to Berserq. Berserq retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, disassemble, decompile, reverse translate, reverse engineer, attempt to reverse engineer, disassemble or create derivative works from any part of the Software.

2. USER CONDUCT - GENERAL

In using the Site, you agree:

a. you are at least 18 years of age and capable of forming a binding contract with Berserq;

b. you are not barred from using the Site under applicable State/Territory laws and/or any terms or obligations of your employment contract;

c. to obtain any required consent from a person, if applicable, before uploading any information to the Site;

d. you are responsible for providing and maintaining your accurate contact information, which may include name, affiliation, contact information, payment information, professional license and/or certificate information and any other information. If you do not, we may suspend or terminate your access to the Site;

e. that telephone calls and email correspondence with Berserq may be recorded or monitored;

f. not to discuss or refer to any particular person, any particular person’s legal circumstance or any other information which could identify a particular person;

g. not to upload any Personal Information as defined by the Australian Privacy Act 1988 or any Personal Data as defined by the Singaporean Personal Data Protection Act 2012, that is not yours;

h. not to upload any Personal Data as defined by the European Union’s General Data Protection Regulation (GDPR), that is not yours;

i. not to attempt to re-identify any individual, whether or not you are able to, in connection with your use of the Site;

j. not to impair the proper operation of, harm, disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, servers or networks connected to or accessible through the Site or affiliated or linked websites;

k. not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files, or transmit or store any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct;

l. not to use or attempt to use another’s service or system without authorisation from Berserq, or create or use a false identity on the Site;

m. not to transmit through or on the Site: commercial advertisements, spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

n. not to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Berserq is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Site;

o. not to divulge your username and password to others either on or off the Site;

p. not to attempt to obtain unauthorised access to the Site or portions of the Site which are restricted from general access;

q. that Berserq may retain any information uploaded to the Site for its own purposes of research or product improvement; and

r. not to use the Site to seek, provide or obtain specific legal advice as applied to your particular situation.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted through your access, use of, or activities on the Site; and that you will comply with all applicable local, state, federal and international laws and regulations, including but not limited to, United States export restrictions, that relate to your access, use of, or activities on the Site.

3. INDEPENDENCE OF SITE USERS

You agree, when accessing Berserq Content and User Content (collectively “Content”) on the Site, to assume full responsibility for the use of the Content and that Berserq is not responsible or liable for any claim, loss, or damage arising from the use of, or reliance on, the Content. Berserq does not recommend or endorse any specific advice, or other information that may be mentioned on the Site. Your reliance upon the Content obtained or used by you at or through the Site is solely at your own risk. The Content of the Site is not intended to be promotional.

4. PRIVACY POLICY

You acknowledge and agree that Berserq may use the data collected in the course of our relationship for the purposes described in the Privacy Policy which is incorporated by reference as if fully set forth in these Terms of Use. Please review the Privacy Policy to learn about: what information we may collect about you; what we use that information for; what third-party information, if any, you are agreeing to share by using the Site; and with whom we share that information. You further acknowledge that the Site is controlled and operated from facilities based outside the European Union and that Berserq makes no representation that the Site is appropriate or available for use in such location. Those who access or use the Site from such jurisdiction do so at their own volition. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in countries other than the European Union.

5. BERSERQ CONTENT, PRODUCT AND SERVICE INFORMATION - LIMITATIONS

All Berserq Content available through the Site is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of Berserq Content, product or service available through the Site. Berserq specifications for products and services are subject to change without notice, and Berserq reserves the right to make changes without notice to processing, materials, or configuration. All information on the Site is subject to the disclaimers set forth in these Terms of Use.

6. DISCLAIMERS

THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE INTENDED TO BE A GENERAL INFORMATION RESOURCE IN REGARD TO THE SUBJECT MATTER COVERED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BERSERQ AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOUR USE OF AND RELIANCE ON THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, ARE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

BERSERQ DOES NOT MAKE ANY WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES BERSERQ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

WE DO NOT GUARANTEE THAT THE CONTENT, PRODUCTS AND PROCESSES AVAILABLE THROUGH THE SITE ARE SAFE AND PROPER FOR EVERY INDIVIDUAL. YOU SHOULD NOT CONSTRUE BERSERQ’S PUBLICATION OF ANY CONTENT ON THE SITE AS AN ENDORSEMENT BY BERSERQ OF THE VIEWS EXPRESSED HEREIN, OR ANY WARRANTY OR GUARANTEE OF ANY STRATEGY, RECOMMENDATION, ACTION OR PREPARATION MADE BY THE AUTHOR OF THE CONTENT. RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. NO LAWYER-CLIENT RELATIONSHIP IS, OR WILL BE, ESTABLISHED BETWEEN BERSERQ AND YOU AS A RESULT OF YOUR USE OF THE SITE OR OTHERWISE. IF THE ANALYSIS RESULTS YOU OBTAIN VIA THE SITE SHOWS ANY RESULT OR IF YOU HAVE ANY QUESTIONS REGARDING SUCH RESULT, YOU SHOULD CONSULT YOUR LAWYER. IF POSITIVE OR NEGATIVE RESULT IS PROVIDED BY THE SITE, IT DOES NOT MEAN THAT YOU DO NOT HAVE A LEGAL OR IP RISK, OR THAT THERE ARE NO LEGAL RISKS, BECAUSE THE SITE DOES NOT COVER ALL OR ANY POSSIBLE LEGAL RISKS AND THE RESULTS ARE NOT ERROR-FREE. THE INFORMATION THAT YOU CHOOSE TO SHARE WITH YOUR LAWYER MAY BECOME PART OF YOUR FILE RECORD AND THROUGH THAT ROUTE BE ACCESSIBLE TO OTHER LAWYERS IN THE FUTURE. IF YOU HAVE BEEN SUED FOR ANY BREACH OR INFRINGEMENT, DO NOT USE THE SITE. CONTACT YOUR LAWYER.

BERSERQ ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DELAYS OR NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BERSERQ, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, BERSERQ DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BERSERQ OR THIRD PARTIES THROUGH THE SITE SHALL CREATE ANY WARRANTY.

THE MATERIALS AVAILABLE THROUGH THE SITE ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A LAWYER IN EVALUATING LEGAL AND IP RISKS. PARTICIPANTS ARE NOT PERMITTED TO ADVISE USERS OF THE SITE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE FOR LEGAL COUNSELLING.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL BERSERQ OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BERSERQ AS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

8. GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of Singapore. You agree to submit to the personal and exclusive jurisdiction of the courts located within Singapore. These Terms of Use constitute the entire agreement between you and Berserq governing your use of the Site. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.