1. About Us
Fort One Technologies Pte Ltd (UEN: 20212158N) (referred to herein as “Cyber Sierra”, “we”, “us” or “our”), a company incorporated in the Republic of Singapore, is the owner and operator of this Website (as defined in paragraph 3 below), and the provider of the services available on this Website. If you are not resident in Singapore and you have entered into a separate agreement with one of our subsidiaries for certain services, then you are contracting with such subsidiary for such services and with Cyber Sierra, for your use of this Website and the products and services available via the Website.
2. Legally Binding Contract
By accessing our website, providing your contact information for any purpose, registering an account and/or placing an order with Cyber Sierra, you confirm that you agree with and to be bound by the terms and conditions contained in these terms and conditions (“Terms & Conditions”). These Terms & Conditions are a contract between you and Cyber Sierra, and apply to this Website, any Products or Services (as defined in paragraph 3 below) that you may purchase from us, and any email or other type of communication between you and Cyber Sierra.
In these Terms & Conditions, “you” or “your” refers both to you, the user of this Website or any Products or Services (as these terms are defined in paragraph 3 below) as an individual or if applicable, to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your use of or block access to this Website, or our Products or Services without notice.
Please review Cyber Sierra’s Data Protection Policy available by clicking on this link: Data Protection Policy. You consent to the collection, use and disclosure of your personal data in the manner set out in the Data Protection Policy, which may be amended by Cyber Sierra from time to time. The Data Protection Policy is hereby incorporated into and form part of these Terms & Conditions.
If you do not agree to any part of these Terms & Conditions, you must immediately stop using this Website, and our Products or Services.
In these Terms & Conditions:
- “Cookie” means a small amount of data that is generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
- “Cyber Sierra Related Parties” shall have the meaning ascribed to such term in paragraph 17.
- “device” means any internet connected device such as a phone, tablet, computer or any other device that can be used to visit this Website and/or use any digital product or service offered by Cyber Sierra, whether via this Website or otherwise.
- “First Policy” refers to First Policy Insurance Brokers Private Limited.
- “Product(s)” refers to any product(s) offered by Cyber Sierra or mentioned on this Website.
- “Promotions” shall have the meaning ascribed to such term in paragraph 7.
- “Service(s)” refers to any service(s) offered by Cyber Sierra or mentioned on this Website.
- “Suggestions” shall have the meaning ascribed to such term in paragraph 10.
- “Third-party Service(s) shall have the meaning ascribed to such term in paragraph 15.
- “Updates” shall have the meaning ascribed to such term in paragraph 14.
- “Website” means this Cyber Sierra site, which can be accessed via this URL: www.cybersierra.co and all subdomains thereunder.
Cyber Sierra grants you a revocable, non-exclusive, non-transferable, non-sublicensable limited license to download, install and/or use this Website and/or our Products or Services and any materials available on this Website strictly in accordance with these Terms & Conditions. You may not use this Website and/or our Products or Services or any materials found on this Website in any manner not expressly permitted by Cyber Sierra.
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit this Website and/or any Products or Services, or make this Website and/or any Products or Services available to any third party, without our express written approval.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of this Website and/or any Products or Services.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Cyber Sierra or its affiliates, partners, suppliers or the licensors used on this Website and/or any Products or Services.
6. Return and Refund Policy
Thanks for purchasing our Products or Services. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our Products or Services.
As with any shopping experience, there are terms and conditions that apply to transactions at Cyber Sierra, which may be communicated to you when you enter such transactions. The main thing to remember is that by placing an order or making a purchase at Cyber Sierra, these Terms & Conditions are applicable to you along with Cyber Sierra’s Data Protection Policy.
If, for any reason, you are not completely satisfied with any Products or Services that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our Products or Services.
7. Consents to use Products and Services
When you purchase our Products or Services, you agree to give us all information and consents necessary for us to provide those Products or Services, in the manner described to you. In particular, if you purchase a Product or Service which (i) includes a scan of your network or device, you accordingly grant us the consent to conduct such scans at any time and from time to time; (ii) includes testing the security strength or determining the existence of vulnerabilities of your network or device(s), you accordingly grant us the consent to conduct such testing at any time and from time to time; or (iii) includes determining the strength of the security settings of your accounts, network or device(s), you accordingly grant us the consent to access the security settings of your accounts, network or device(s).
Cyber Sierra may, from time to time, hold contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all rules of Promotions to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all applicable rules.
9. Typographical Errors
In the event a Product and/or Service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the Product and/or Service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
10. Intellectual Property
This Website, our Products and Services and their respective contents, features and functionalities (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Cyber Sierra, its licensors or other providers of such material and are protected by Singapore and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Cyber Sierra, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
11. Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Cyber Sierra with respect to this Website or new or existing Products or Services shall remain the sole and exclusive property of Cyber Sierra.Cyber Sierra shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
12. Links to Other Websites
This Terms & Conditions applies only to this Website and our Products and Services. This Website, our Products or Services or any materials found hereon may contain links to other websites not operated or controlled by Cyber Sierra. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from this Website or our Products or Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those linked from our Website or Products or Services, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
14. Changes To Our Products or Services
You acknowledge and agree that Cyber Sierra may modify, stop (permanently or temporarily) providing any Products or Services (or any features within Products or Services) to you or to users generally at Cyber Sierra’s sole discretion, without prior notice or liability to you. You may stop using the Products or Service at any time. You do not need to specifically inform Cyber Sierra when you stop using the Products or Service. You acknowledge and agree that if Cyber Sierra disables access to your account, you may be prevented from accessing the Products or Service, your account details or any files or other materials which is contained in your account.
Cyber Sierra may from time to time provide enhancements or improvements to the features or functionalities of this Website and/or our Products and Services, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of this Website or our Products or Services. You agree that Cyber Sierra has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of this Website or Products or Services to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of this Website or our Products or Services, as may be applicable, and (ii) subject to the terms and conditions of these Terms & Conditions.
16. Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that Cyber Sierra shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Cyber Sierra does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
17. Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our Website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold Cyber Sierra and its parent company, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors (if any) (the “Cyber Sierra Related Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of this Website or any Products or Services; (b) violation of any provision of this Terms & Conditions or any law or regulation; or (c) violation of any right of a third party.
19. No Warranties
This Website, the Products and Services are each provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Cyber Sierra, on its own behalf and on behalf of the Cyber Sierra Related Parties, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to this Website, the Products and/or Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, Cyber Sierra provides no warranty or undertaking, and makes no representation of any kind that this Website, the Products and/or Services will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Further, without limiting the foregoing, neither Cyber Sierra nor any Cyber Sierra Related Parties makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of this Website, the Products and/or Services, or the information, content, and materials or products included thereon; (ii) that this Website, the Products and/or Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through this Website, the Products and/or Services; or (iv) that this Website, the Products and/or Services, its servers, the content, or e-mails sent from or on behalf of Cyber Sierra are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
20. Limitation of Liability
Notwithstanding any damages that you might incur and without limiting any other provision of these Terms & Conditions, the entire liability of Cyber Sierra and the Cyber Sierra Related Parties arising out of or relating to this Website, the Products and/or Services (to the extent not excluded under these Terms and Conditions) and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for your use of this Website, the Products and/or Services, during the one calendar year period prior to the event that gives rise to the liability.
To the maximum extent permitted by applicable law, in no event shall Cyber Sierra or any Cyber Sierra Related Parties be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use this Website, our Products and/or Services, third-party software and/or third-party hardware used with this Website, our Products and/or Services, or otherwise in connection with any provision of these Terms & Conditions), even if Cyber Sierra or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE AGAINST CYBER SIERRA ARISING OUT OF OR RELATING TO THIS WEBSITE, OUR PRODUCTS AND/OR SERVICES, MUST BE COMMENCED WITH THE APPROPRIATE FORUM WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
First Policy is responsible only for insurance arrangement and is not responsible for risk management services provided by Cyber Sierra and you hereby agree to hold First Policy harmless and free from any and all liability for anything relating to risk management services. Similarly, you acknowledge and agree to hold Cyber Sierra and the Cyber Sierra Related Parties harmless and free from any and all liability for anything relating to insurance related services.
22. No Financial or Legal Advice.
You agree to not hold Cyber Sierra or any related parties liable for any information on our Website, or obtained via any of our Products or Services. No information (including insurance-related information) provided, whether by us or any of our third party business or advertising partners shall constitute or be deemed to constitute any advice or recommendation, or be considered as a complete description of any services or offerings or insurance products.
Insurance offerings available on the Website or via any Products or Services are provided by various insurance companies, in partnership with relevant Cyber Sierra Related Parties and are subject to the terms and conditions contained within the specific insurance policies. The details of the insurance coverage under your specific insurance policy depend on the policy document wordings, the claims’ facts and the laws within the jurisdiction governing the insurance policy.
It shall be your own responsibility to ensure that any products, services or information available through this Website or via any Products or Services meet your specific requirements. You must not rely on the information on this Website or any Products or Services as an alternative to legal or financial advice from a legal representative or financial advisor. Based on the information on this Website or any Products or Services, you should not discontinue, commence, disregard or delay seeking any financial or legal advice.
If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
If any provision of this Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.
No failure to exercise, and no delay in exercising, on the part of Cyber Sierra, any right or any power under these Terms & Conditions shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under these Terms & Conditions by Cyber Sierra preclude further exercise of that or any other right granted herein. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Cyber Sierra.
25. Amendments to this Terms & Conditions
Cyber Sierra reserves the right, at its sole discretion, to modify or replace these Terms & Conditions at any time. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions version date above. Any changes to these Terms & Conditions will not relieve you from any responsibility or liability for any breach of any prior versions of these Terms & Conditions.
By continuing to access or use our Website and/or Products or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Cyber Sierra.
26. Entire Agreement
These Terms & Conditions together with the Data Protection Policy and any other legal notices published by Cyber Sierra on this Website, our Products and/or Services constitutes the entire agreement between you and Cyber Sierra regarding your use of this Website and our Products or Services and supersedes all prior and contemporaneous written or oral agreements between you and Cyber Sierra.
You may be subject to additional terms and conditions that apply when you use or purchase Cyber Sierra’s Products or Services, which Cyber Sierra may provide to you at the time of such use or purchase.
27. Notice of Dispute
In the event of a dispute, you or Cyber Sierra must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected]. Cyber Sierra will send any Notice of Dispute to you to your email address. You and Cyber Sierra will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Cyber Sierra may commence arbitration.
28. Binding Arbitration
If you and Cyber Sierra are unable to resolve any dispute by informal negotiation pursuant to paragraph 25 above, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this paragraph. You agree to give up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. You and Cyber Sierra irrevocably agree any dispute or claim that arises out of or in connection with these Terms & Conditions or its subject matter or formation (including non-contractual disputes or claims) shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (in this clause, “SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (in this clause, “SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
29. Governing Law
These Terms and Conditions and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Singapore.
30. No Rights of Third Parties
This Website, and our Products and Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access this Website, and our Products and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The section headings used in this Terms & Conditions are for convenience only and will not be given any legal import.
Don’t hesitate to contact us if you have any questions.
Email: [email protected]