APPLICATION OF TERMS
These Terms apply to your use of the Service (as that term is defined below). By ****
accessing and using the Service
If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
In these Terms:
Forma Software means the software owned by us (and our licensors) that is used to provide the Service.
Confidential Information ****means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Forma Software. Your Confidential Information includes the Data.
Data ****means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.
Fees ****means the applicable fees set out on our pricing page on the Website at [insert link] or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 7.6.
Force Majeure ****means an event that is beyond the reasonable control of a party, excluding:
including ****and similar words do not imply any limit.
Intellectual Property Rights ****includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Objectionable ****includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
Permitted Users means your personnel who are authorised to access and use the Service on your behalf in accordance with clause 5.3
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Service ****means the service having the core functionality described on the Website, as the Website is updated from time to time.
Start Date ****means the date that you first access or use the Service.
Underlying Systems ****means the Forma Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
We, us or our ****means Forma Tech Pte. Ltd., company number UEN: 202025308W, a company incorporated in Singapore.
Website ****means the internet site at /, or such other site notified to you by us.
Year ****means a 12-month period starting on the Start Date or the anniversary of that date.
You or your means ****you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
PROVISION OF THE SERVICE
TERM, TERMINATION AND SUSPENSION
Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
No person other than you and us has any right to a benefit under, or to enforce, these Terms.
For us to waive a right under these Terms, that waiver must be in writing and signed by us.
Subject to clause 6.4, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing .
insert email address
These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the law of . Each party submits to the non-exclusive jurisdiction of the Courts of  in relation to any dispute connected with these Terms or the Service.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6.7, 8, 9, 11, 12.5 to 12.9 and 13.6, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
Subject to clauses 2.1 and 7.6, any variation to these Terms must be in writing and signed by both parties.
These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date. Without limiting the previous sentence, the parties agree that it is fair and reasonable that the parties are bound by this clause 13.10.
You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.