Last modified on 13 August 2024.
Welcome to Bunker!
Bunker is a Finance Analytics Platform (hereafter the “Platform”) provided by [Bunker Sg Pte. Ltd. (202345259E)] (hereafter, “we”, “us”, “our” or “Bunker”).
Please read these terms and conditions of service (“Terms”) carefully before you register for an account to use the Platform (“Account”). These Terms contain important information about your rights and obligations when you access and use the Platform. By registering for an Account, you agree to be bound by these Terms which forms a legally binding contract between you and Bunker.
We provide through the Platform:
a. basic features which are provided free-of-charge to everyone; and
b. paid features which is provided to users upon payment of the applicable subscription fee. Please visit https://bunkertech.io/ for more details on the paid features.
The accessibility of the Platform on your device depends, amongst other things, on the operating systems and browsers installed on your device.
You must satisfy either of the following conditions to be eligible to register for an Account:
a. If you are entering into these Terms on behalf of an organisation, such as your employer, you must have the authority to bind such organisation and accept these Terms on their behalf.
b. If you are an individual entering into these Terms for yourself, you must be at least the age of legal majority in your jurisdiction and capable under applicable law to accept these Terms.
By registering for an Account, you represent, warrant and undertake that all information which you provide to us is truthful, accurate, up-to-date and complete. Any failure to maintain accurate, up-to-date and complete information may result in:
a. your inability to access and/or use the Account or the Platform; and/or
b. the suspension or termination of your Account.
The initial user of the Account will be designated the ‘Account Owner’. The Account Owner may authorise one or more users (each an ‘Authorised User’ and with the Account Owner, collectively referred to as ‘Users’) to access and use the Platform via the Account.
The Account Owner will be our point of contact if it is necessary to communicate on any issues with the Account or other important information that needs to be communicated. The Account Owner may not be deleted or deactivated from the Account until the status of Account Owner is transferred to another Authorised User.
Your Account enables Users to access and use the Platform in accordance with these Terms. Other than as stipulated in these Terms, you must not transfer or share the Account with anyone.
You are responsible for all activities which occur under your Account. User IDs and passwords may not be shared or used by more than one User. Each User is responsible for maintaining the confidentiality of their User ID and password.
You are also responsible for ensuring that your use of the Platform (including the upload, storage and processing of any information or documents on the Platform) complies with all laws and regulations which apply to you.
Upon your successful registration of an Account and subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Platform and use the features that you have chosen to obtain via the Platform.
You shall not and shall ensure that all Users do not:
a. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Platform in any way.
b. modify, edit, copy, reproduce, create, attempt to derive the source code of, decrypt, interfere with, disrupt the integrity or the performance of, or make derivative works based upon the Platform.
c. reverse engineer or access the Platform in order to including but not limited to (i) design or build a competitive product or service, (ii) design or build a product using similar ideas, features, functions or graphics of the Platform, or (iii) copy any ideas, features, functions or graphics of the Platform.
d. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Platform to any third-party or use the Platform to provide time sharing or similar services for any third-party.
delete, alter or obscure the copyright and other proprietary rights notices on the Platform.
e. violate any applicable laws, rules or regulations in connection with your access or use of the Platform.
f. conduct any sort of vulnerability scanning or probing of the Platform or the features which we provide via the Platform or any other activity which is intended to disrupt or harm the operations of the Platform (such as a Distributed Denial of Service (DDoS) attack).
g. launch an automated program or script or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Platform.
h. use the Platform for any purpose for which it was not designed or intended.
i. attempt, or authorize or encourage anyone, to do any of the foregoing.
You shall and will ensure that all Users read and abide by our Privacy Policy available at [https://bunkertech.io/privacy-policy/], and Data Processing Addendum available at [https://bunkertech.io/data-processing-addendum/], which form part of these Terms. By using the Platform, you agree that we may use and process personal data in accordance with our Data Protection Notice.
Data Request Rights
If you have chosen to subscribe to paid features of the Platform (“Subscription”), you shall pay Bunker the subscription fee (“Subscription Fee”) set forth in the subscription form in accordance with the terms set forth therein. In the event of conflict or inconsistency between these Terms and the terms set out in the subscription form, these Terms shall take precedence.
Unless otherwise agreed:
a. all payments shall be made in United States Dollars and are non-refundable.
b. our invoices are due within 30 days of receipt.
c. all amounts will be paid to us without set-off or counterclaim.
d. you shall bear all bank charges (if any) on payments to Bunker.
The Subscription Fee is exclusive of applicable sales, value added or goods and services tax which you shall pay at the rate and in the manner prescribed by law.
Any and all payments by or on account of the compensation payable under these Terms shall be made free and clear of and without deduction or withholding for any taxes.
If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Bunker receives an amount equal to the sum it would have received had no such deduction or withholding been made.
You shall pay any and all taxes arising from any payment made hereunder to the relevant governmental authority in accordance with applicable law and shall deliver evidence of such payment reasonably satisfactory to Bunker at our request.
If any amounts invoiced hereunder are not received by Bunker by the due date, then at our discretion, such charges may accrue late interest at the rate of 12 percent per year or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In addition, we may suspend your Subscription if we do not receive the amounts invoiced hereunder at the expiration of such period.
Fees and charges for any new feature of the Platform will be effective when we post updated fees and charges on https://bunkertech.io/, unless we expressly state otherwise in a notice.
We may increase or add new fees and charges for any existing features of the Platform you are using by giving you at least 30 days’ prior notice.
These Terms do not grant us any ownership rights in any images, content and data which are or may be provided, uploaded, created, generated, submitted, distributed, posted and/or otherwise transferred through the Account by Users (the “Data”). However, you grant us a limited, revocable, non-exclusive, non-transferable license to access, transmit, receive, monitor, retrieve, store, maintain and use the Data in ways necessary to provide the Platform and its features to you.
You acknowledge and agree that the Platform and all intellectual property rights in the same (except for the Data) are, and shall remain, the property of Bunker and its licensors. Furthermore, you acknowledge and agree that the source and object code of the Platform and the format, directories, queries, algorithms, structure and organization of the Platform are the intellectual property and proprietary and confidential information of Bunker and its licensors. You are not granted any intellectual property rights in and to the Platform which are not expressly granted in these Terms and such rights are hereby reserved and retained by Bunker and its licensors.
You are not authorized to use Bunker’s trade marks in any advertising, publicity or in any other commercial manner without the prior written consent of Bunker, which may be withheld for any or no reason.
You acknowledge and agree that in the event of a third party claim against you that the Platform or your use of the Platform infringes any third party’s rights, you (and not Bunker) will be responsible for the investigation, defence, settlement and discharge of any such claim. You will, however, promptly notify Bunker in writing of such a claim.
Each party (“Recipient”) shall keep confidential all information and materials of a secret, confidential or proprietary nature concerning the other party’s (the “Disclosing Party”) business or affairs which is not otherwise in the public domain that may come into its knowledge or possession as a result of communications between the parties or the performance of these Terms (the ‘Confidential Information’).
The Recipient shall not, without the prior written consent of the Disclosing Party, use or disclose any person except those of its contractors, employees, servants and officers who have a need to know for the purposes of performing their obligations under these Terms.
Bunker is not licensed or qualified to provide services performed by public accountants, financial consultants, and tax consultants. Bunker does not offer financial, accounting or tax consulting services. The Platform and its features are not intended to replace the advice or services of public accountants, financial advisors, or tax consultants.
We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy of the Platform. The Platform and any information contained in or provided through the Platform are provided on an ‘as is’ and ‘as available’ basis.
We do not represent or warrant that: (a) the use of the Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) the Platform will meet your requirements or expectations; (c) the quality of, information or other materials obtained by you through the Platform will meet your requirements or expectations; (d) any stored data will be accurate or reliable; (e) errors or defects in the Platform will be corrected; or (f) the Platform or our servers are free of viruses or other harmful components.
All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.
Your use of and reliance upon the Platform and any information contained in or provided through the Platform is at your sole risk and discretion.
The Platform may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
To the fullest extent permissible under law, in no event shall Bunker be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection these Terms or your use of the Platform, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether Bunker had advance notice of the possibility of any such damages.
Without limiting the generality of the foregoing, the maximum liability of Bunker for any claim arising out of these Terms will not exceed the total amount paid or payable by you to Bunker in the 12-month period immediately preceding the date on which the claim arose.
You agree to indemnify, defend, and hold harmless Bunker, its officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, and licensors from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with your: (a) use of the Account and/or the Platform other than in accordance with these Terms; (b) breach of these Terms; (c) violation of law; (d) negligence or willful misconduct; or (e) violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.
We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently the Platform or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Platform or any portion thereof.
Support Escalation: For general assistance, please contact our Customer Support team at [email protected] or [email protected].
You may terminate your Account and/or Subscription at any time by contacting Bunker’s customer support at [email protected] or [email protected]. You may terminate a specific set of data or your entire Account and/or Subscription at any time by contacting Bunker’s customer support at [email protected].
For specific inquiries, i.e Data-related matters please Contact our Data Protection Officer at [email protected]. All other support needs please reach out to [email protected].
If your issue remains unresolved after 48 hours, you may escalate by directly contacting your account manager. Please include your initial ticket number and a brief description of the problem in your escalation request.
We may terminate your Account for any reason by giving you at least 30 days’ prior notice.
We may suspend or terminate your Account at any time upon notice to you if we determine or have reason to suspect that you:
a. are in breach of these Terms;
b. pose a security risk to the Platform or any third party; or
c. have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
If we suspend your Account, we will reinstate the same once the reason for suspension has been resolved. You remain responsible for all fees incurred during the period of suspension.
In the event of termination of your Account for any reason, you shall:
a. cease all use of the Platform; and
b. immediately pay all unpaid amounts owing to Bunker.
You acknowledge that termination of your Account will result in permanent deletion of all Data associated with your Account, and that Bunker has no obligation to return, restore or recover such Data.
A party shall not be responsible to the other party for any failure to perform or delay in the performance of its obligations under these Terms (except for the payment of any sum due to Bunker) due to the occurrence of any event or circumstances beyond its reasonable control (“Force Majeure), provided the affected party shall promptly upon the occurrence of a Force Majeure event inform the other in writing, stating that a Force Majeure event has delayed or prevented its performance under this Agreement and thereafter the affected Party shall take all action within its power to comply with these Terms as fully and promptly as possible.
The parties hereto are independent contractors. Nothing in these Terms shall operate to constitute a party an agent, partner, employee or representative of the other party. A party shall not hold itself out as such nor as having any power or authority to incur any obligation of any nature express or implied of the other party nor shall a party pledge the credit of the other party.
These Terms and Conditions, the Data Processing Addendum and the Privacy Policy constitute the entire agreement between Bunker and you with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter.
These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by Bunker or you.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.
Except as provided herein, the failure to exercise a right or require performance of an obligation in these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
Neither party shall not assign its rights or obligations under these Terms without prior written consent of the other party, provided that Bunker may assign or transfer these Terms or any or all of its rights and obligations under these Terms without consent to an affiliate of Bunker or to an acquirer of all or substantially all of Bunker’s business, equity or assets.
These Terms shall be governed and construed in accordance with Singapore law.
Any dispute arising out of or in connection with these Terms shall first be resolved by amicable negotiations and in good faith.
At first instance, either party may serve a written notice to the other party that a dispute has arisen, while giving reasonable information as to the nature of the dispute. Within 7 days of such notice, the parties shall meet to discuss the dispute and shall use all reasonable endeavours to reach a negotiated resolution of the dispute.
Each party shall be represented by senior executive personnel, of at least the seniority of the head of department or its equivalent, with authority to negotiate and settle the dispute.
If the dispute cannot be resolved within 14 days (or such other time period as agreed in writing between the parties) of the meeting set out in Section 16.2, the parties agree that such dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the arbitration rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this section of the Terms.
The seat of the arbitration shall be Singapore. The arbitration tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
