Terms and Conditions

GoTagID Terms & Conditions

By signing up for an Account (as defined in Section 1) or by using any Platform Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

These Terms of Service govern your use of the GoTagID platform (the “Site”), mobile applications and services (collectively, the “Services”) provided by GoTagID.

As used in these Terms of Service, “we”, “us”, “our”, and “GoTagID” means the applicable GoTagID , and “you” means the GoTagID User (if registering for or using Services as an individual), or the business employing the GoTagID User (if registering for or using a Service as a business) and any of its affiliates, as defined below.

1. Account Terms

1.1 To access and use the Services, you must register for a GoTagID account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. GoTagID may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

1.2 You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

1.3 You confirm that you are receiving any Services provided by GoTagID for the purposes of carrying on a business activity and not for any personal, household or family purpose.

1.4 You acknowledge that GoTagID will use the email address you provide on opening an Account or as updated by you from time to time to communicate with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to GoTagID and your Primary Email Address must be capable of both sending and receiving messages. Your communications with GoTagID can only be authenticated if they come from your Primary Email Address, or, in the case of chat messages on the Site or Services, sent by you using your Account that is linked to your Primary Email Address.

1.5 You are responsible for keeping your password secure. GoTagID cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

1.6 Technical support in respect of the Services is only provided to GoTagID Users. Questions about the Terms of Service should be sent to GoTagID Support at support@gotagid.com.

1.7 Before becoming a User (defined below) of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.8 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by GoTagID.

1.9 You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.

1.10 You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.

1.11 GoTagID reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

1.12 You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your trademarks, copyright content, and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to GoTagID or its affiliates.

2. Account Activation

2.1 Subject to Section 2.2, the person signing up for the Service by opening an Account will be the contracting party (“User”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the User in connection with the Service.

2.2 If you are signing up for the Services on behalf of your employer, your employer will be the User and you must use your employer-issued email address for account opening purposes. By signing up for an Account, you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.3 Your GoTagID Account can only be associated with one User.

3. GoTagID Rights

3.1 The Services have a range of features and functionalities. Not all Services or features will be available to all Users at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

3.2 It is in GoTagID’s sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods that you offer through the Services, or the Materials uploaded or posted to the Services, violate these Terms of Service.

3.3 Verbal or written abuse of any kind (including threats of abuse or retribution) of any GoTagID employee, member, or officer will result in immediate Account termination.

3.4 We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that GoTagID employees and contractors may also be GoTagID customers or suppliers and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

3.5 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.

3.6 GoTagID reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, without prejudice to our other rights and remedies, GoTagID reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

4. Your Responsibilities

4.1 You may not use the GoTagID Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the Republic of Singapore. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your account or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.

5. Confidentiality

5.1 “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. GoTagID’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

5.2 Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

6. Limitation of Liability and Indemnification

6.1 You expressly understand and agree that, to the extent permitted by applicable laws, GoTagID and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).

6.2 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, GoTagID partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all and other professional costs and expenses), made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) or your violation of any law or the rights of a third party; and (c) in connection with any claim made against GoTagID for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the supply or use of the Consigned Goods.

6.3 You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.

6.4 Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

6.5 GoTagID does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

6.6 GoTagID does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

6.7 GoTagID is not responsible for any of your tax obligations or liabilities related to the use of GoTagID’s Services.

6.8 GoTagID does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

6.9 If any third party makes a claim, or notifies an intention to make a claim, against GoTagID that may reasonably be considered likely to give rise to a liability under this indemnity (“Claim”), GoTagID shall:

(a) as soon as reasonably practicable, give written notice of the Claim to you, specifying the nature of the Claim in reasonable detail;

(b) not make any admission of liability, agreement or compromise in relation to the Claim without your prior written consent;

(c) give you and your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of GoTagID, to enable you and your professional advisers to examine them and to take copies (at your expense) to assess the Claim; and

(d) be deemed to have given you sole authority to avoid, dispute, compromise or defend the Claim.

6.10 Nothing in this Section 7 shall restrict or limit GoTagID’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.

6.11 Nothing in this agreement limits any liability which cannot legally be limited.

7. Intellectual Property

7.1 Your Materials

(a) We do not claim ownership of the Materials you provide to GoTagID; however, we do require a license to view, edit and delete the data or meta data of those Materials. You grant GoTagID a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to view, edit and delete the data or meta data of those Material and create derivative works of any Materials provided by you in connection with the Services. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license.

(b) You agree to provide correct information for all the Materials and liable for any information you have provided to the GoTagID.

(c) GoTagID is not responsible for any Material you have transferred or leased using the GoTagID services, you should exercise your own Terms & Conditions.

(d) If you owned the Materials before providing them to GoTagID then, despite uploading them to your GoTagID Account they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your GoTagID Account at any time by deleting your Account. Removing your GoTagID Account does not terminate any rights or licenses granted to the Materials that GoTagID requires to exercise any rights or perform any obligations that arose during the Term.

(e) You agree that GoTagID can, at any time, review and delete any or all of the Materials submitted to the Services, although GoTagID is not obligated to do so.

(f) You grant GoTagID a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Account to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that GoTagID requires the license to exercise any rights or perform any obligations that arose during the Term.

7.2 GoTagID Intellectual Property

(a) You agree that you may not use any trademarks, logos, or service marks of GoTagID, whether registered or unregistered, including but not limited to the word mark ‘GoTagID’, (“GoTagID Trademarks”) unless you are authorized to do so by GoTagID in writing. You agree not to use or adopt any marks that may be considered confusing with the GoTagID Trademarks. You agree that any variations or misspellings of the GoTagID Trademarks would be considered confusingly similar to the GoTagID Trademarks.

(b) You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include GoTagID or GoTagID Trademarks or that use or include any terms that may be confusing with the GoTagID Trademarks.

8. Privacy and Data Protection

8.1 GoTagID is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that GoTagID’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

9. Term and Termination

9.1 The licence for the use of the Site and the Services (the “Licence”) shall be effective until terminated as set forth under these Terms of Service (the “Term”).

9.2 Without limiting its other rights or remedies, GoTagID may terminate the Licence with immediate effect without giving written notice to you if you fail to comply with any term or condition of these Terms of Service.

9.3 You agree not to:

(a) upload, post, transmit or otherwise make available any Materials that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, or third party rights;

(c) upload, post, transmit or otherwise make available any Materials featuring an unsupervised minor or use the Services to harm minors in any way;

(d) use the Services or upload Materials to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Services;

(f) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of GoTagID;

(g) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(h) use the Services or upload Materials in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(i) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(j) manipulate the price of any Accepted Products or interfere with other User’s listings;

(k) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by GoTagID with respect to the Services and/or data transmitted, processed or stored by GoTagID;

(l) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(m) upload, email, post, transmit or otherwise make available any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(n) upload, email, post, transmit or otherwise make available any Materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(o) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other unauthorised form of solicitation;

(p) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(q) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(r) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(s) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(t) infringe the rights of GoTagID, including any intellectual property rights and any passing off of the same thereof;

(u) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;

9.4 Upon termination of your Licence:

(a) GoTagID will cease to provide you with the Services and you will no longer be able to access your Account;

(b) unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise; and

(c) any outstanding balance owed to GoTagID for your use of the Services through the effective date of such termination will immediately become due and payable in full.

9.5 If there are any outstanding fees owed by you at the date of termination of your Licence, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

9.6 On termination of your Licence, GoTagID shall, at your cost, promptly return to you all Consigned Goods in its possession or under its control that have not been paid for, resold or irrevocably incorporated into another product.

10. Modifications

10.1 We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the GoTagID administrative console, or by similar means. However, GoTagID may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.

10.2 GoTagID may change the fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in fees by sending an email to the Primary Email Account, providing notice through the GoTagID administrative console, or by similar means. GoTagID will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

11. General Conditions

11.1 The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and GoTagID and govern your use of the Services and your Account, superseding any prior agreements between you and GoTagID (including, but not limited to, any prior versions of the Terms of Service).

11.2 If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.

11.3 The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and GoTagID’s Terms of Service available in another language, the most current English version of the Terms of Service at [https://GoTagID.com/pages/terms-conditions-privacy] will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by GoTagID (acting in its sole discretion) or as required by applicable law.

11.4 All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. GoTagID will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without GoTagID’s prior written consent, to be given or withheld in GoTagID’s sole discretion.

11.5 If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

11.6 On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Your Materials), 9 (Privacy and Data Protection), 10 (Term and Termination), 11(1) (Modifications), 12 (General Conditions), and 13 (Governing Law and Jurisdiction) will survive the termination or expiration of these Terms of Service.

11.7 Neither party shall be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure results from a force majeure Event. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for two (2) months, the party not affected may terminate this agreement by giving fourteen (14) days’ written notice to the affected party.

11.8 Except as expressly provided in the Terms of Service, the rights and remedies provided hereunder are in addition to, and not exclusive of, any rights or remedies provided by law.

11.9 Neither party shall assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Terms of Service.

11.10 If any provision or part-provision of the Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Terms of Service. If any provision or part-provision of this agreement is deemed deleted under this Section 12.10, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

11.11 The Terms of Service does not give rise to any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of the Terms of Service.

12. Governing Law and Jurisdiction

12.1 The Terms of Service and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Singapore.

12.2 Each party irrevocably agrees that the courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms of Service or its subject matter or formation.

Last Updated: 01 March 2024