Updated: 03 July 2023
2. Use of the services
3. Unauthorised users
4. Restricted content
5. User content and personal and sensitive information
– User Account and Data Deletion
– Information provided us by client or user
– Client customer data
– Information we collect automatically
– How is the information used
– When is information shared or disclosed
– Personal and sensitive information
These respondent terms and conditions (“Terms”) govern and apply to your use of the services provided by Mercurien limited and Damoov Pte.Ltd (“we”).
Such services include without limitation: (i) any study or surveys offered, provided, hosted, or administered by or through Damoov (“Survey”); (ii) any Damoov and Mercurien mobile applications, including Mercurien Drive which offers telematics and safe driving services (“Applications”); (iii) your eligibility for and/or redemption of any rewards, incentives, sweepstakes and prizes (collectively, “Rewards”) offered for certain actions and activities; (iv) any other services offered, provided, hosted, or administered by or through Damoov and Mercurien (collectively, and inclusive of all defined terms in this paragraph, the “Services”).
If you participate in the Services, Damoov will use your information to help our client (Mercurien Limited) better understand your annual mileage, behaviours, needs and preferences. You acknowledge and agree that nothing in these Terms creates any obligation on the part of Damoov to communicate with any manufacturers, retailers, or other third parties. We are not responsible for repairing, replacing, or improving any such product or service, and it is your responsibility to communicate with such third parties directly for those purposes. Please see Section 2 below (“Use of the Services”) and the Privacy and Cookie Notice for more information about our use of your information.
All references in these Terms to Damoov include Damoov Pte. Ltd, Mercurien limited and its parents, subsidiaries, and affiliates. By registering for, accessing, using, and/or participating in the Services, you hereby expressly agree to comply with and be bound by these Terms. Damoov reserves the right to refuse, restrict, prohibit, or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
The Services are strictly for your personal, non-commercial use. You may use the Services only when and as available. No individual under the age of thirteen (13) may access, use, or participate in the Services without the prior written consent of a parent or guardian. As a general rule, Damoov also requires consent of a parent or guardian if you are under the age of eighteen (18), but may, at its sole discretion, make exceptions from time to time.
2. Use of the Services
You acknowledge and agree that participation in the Services is voluntary. By participating in the Services, you agree to receive invitations to participate in the future. Additionally, Damoov may provide you with the opportunity to communicate with other Users and/or Damoov and Damoov’s partners. For more information on how to unsubscribe from these or other Damoov communications at any time, see Section 8 (“Opt Out Policy”) below.
As part of your access to, use of, and/or participation in Services, you may be required to disclose certain personally identifiable information (“PII”) to Damoov. If such disclosure is necessary, you agree to provide truthful information. You acknowledge and agree that Damoov will fully cooperate with all legal disclosure requests (e.g., a court order or subpoena), including those related to your PII. Please review Damoov Privacy and Cookie Notice for more information on Damoov’s privacy practices.
You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
3. Unauthorized Uses
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any services, or Rewards (as defined herein); (ii) take any action to interfere with any Website or Application, or an individual’s use of any Website or Application, including but not limited to by overloading, “flooding”, “mail bombing”, or “crashing” any Website or Application; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including but not limited to spyware; (iv) collect any PII of or about any other user of the Services; (v) send unsolicited emails to Damoov or any other user of the Services, including but not limited to promotions and/or advertising of products or services; (vi) forge or mask your true identity; (vii) frame any portion of any Website or Application within another website or application, or alter the appearance of any Website or Application; (viii) establish links from any other website to any page of, on, or located within any Website or Application, or establish links from any other website to the Services, without the prior express written permission of Damoov; (ix) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content, or any material or content that could otherwise violate Applicable Laws (as defined below); (x) engage in any fraudulent activity, (xi) reverse engineer any aspect of the Services; (xii) take any action that might reveal or disclose the source code of any Website or Application; (xiii) bypass or circumvent measures or controls utilized to prohibit, restrict, or limit access to any content or code; (xiv) engage in any criminal or illegal act; (xv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xvi) encourage and/or advise any individual, including but not limited to any Damoov employee, to commit any act prohibited hereunder.
4. Restricted Content
In connection with your use of, access to, and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to Damoov or Damoov‘s clients, partners, or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content, and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of Damoov. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section 4, in addition to any other rights or remedies available to Damoov, Damoov reserves the right to terminate, prohibit, or restrict your use of, access to, and/or participation in the Services.
Additionally, and without limiting the foregoing, you acknowledge and agree that Damoov considers any research conducted for Damoov and the information that is related to that research, including but not limited to any Surveys and studies to be Restricted Content. In consideration of your being permitted to participate in the Research, you agree that: (i) you will not disclose the Research, including your responses and comments and any ideas that are discussed and/or generated as a result of your participation in the Research (collectively, “Your Responses”), to anyone other than Damoov; (ii) you will not, unless expressly permitted by Damoov, use any audio and/or visual recording devices during Research; (iii) all right, title, and interest in the Research and the results thereof, including, for example, all copyrights, trademarks, patents, and other intellectual property rights, are owned by Damoov, and Damoov has not granted you any right, title, or interest in the Research or the results thereof, or any portion of either; (iv) if ownership of Your Responses does not for any reason vest in Damoov, you then irrevocably transfer and assign all of your right, title, and interest in Your Responses to Damoov; and (v) Damoov may, in any manner that it desires, use Your Responses as it sees fit, including but not limited to sharing Your Responses with others.
Introduction. You (an app user) may post, upload or submit images, photos, audio, video and/or other types of content in connection with the Services (“User Content”). You are solely responsible for all User Content, including all third party approvals, consents, and authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including but not limited to Damoov’s client, clients of Damoov’s client, and third party service providers. User Content should not contain copyrighted or trademarked content or material of any third party or audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for User Content.
an app user remains the owner of your User Content. By using, uploading, posting, or submitting User Content in connection with the Services, you hereby grant to Damoov (and/or the clients of Damoov) a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, distribute, and otherwise use, modify, or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for User Content. Damoov does not and cannot review all User Content. Damoov reserves the right to delete, move, or edit User Content that is, in Damoov’s sole discretion, deemed to: (i) violate these Terms; (ii) violate copyright or trademark laws; or (iii) be abusive, defamatory, obscene, or otherwise unacceptable.
User Account and Data Deletion
At Mercurien, we prioritize the privacy and security of our users’ data. Given the specific nature of our application and its user base, this section provides you with relevant information about the creation, management, and deletion of user accounts and associated data.
Our application is designed for use by drivers of taxi and delivery companies that hold a telematics insurance policy with us. These user accounts are created and managed by the respective policy-holding companies and not by individual drivers. These accounts are a form of work tool used exclusively in relation to our telematics insurance coverage.
Account deletion occurs when an insurance policy ends or when a driver ceases employment with the policy-holding company. All data associated with the account is automatically deleted at this point. This process is managed externally by the policy-holding companies, aligning with our commitment to prevent manipulation of driving statistics and data.
It’s important to note that we retain user data only for as long as necessary and in accordance with all relevant legal and regulatory requirements. After the expiration of an insurance policy or termination of a driver’s employment, we do not retain any data that we are not legally required to keep.
Information provides us by users or clients. When you download a mobile application developed by Damoov and related companies, sign up, or contract for the Service, we may receive or collect one or more of the following items: name, address, email address, company name, market vertical, country, telephone number, account password, payment information, credit card information and other billing data. For example, you may provide personal information directly to us in connection with signing up, registering or interacting with Damoov or our partners/clients through the use of the Service, when you set up an account for services, when you subscribe to email alerts, updates or newsletters, or when you respond to a survey, fill out a form, or complete or update any user or Client profile through the Service.
Company may use the information submitted, collected, received or generated from or about you or Client Customers for any of the following purposes: We receive and analyze smartphone location data to detect the start and stop of driving. Once the system detects driving, the mobile application or Telematics SDK as a part of mobile application starts recording trip data (Telematics data related to precise trip) such as Location, speed, time, accelerometer data, gyroscope data. Collected data is used for further analysis described below:
Mercurien Drive is expressly stated and understood that the Mercurien Drive application does not offer any form of cash rewards directly from the mobile application. All rewards, their form, and methods of redemption will be subject to the specific terms and conditions of each reward program as stated within the app and/or the official Mercurien Drive website.
You may opt out of the Services (including, without limitation, from receiving newsletters or communications) at any time by: (i) following the unsubscribe procedures described on the applicable Website or contained in any email received from Damoov; or (ii) sending an email to firstname.lastname@example.org Damoov shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Please allow a few days for the processing of opt-out requests, during which period you may receive communications that were created or compiled prior to your opting out. Please see Damoov handles information and data following an unsubscribe or opt-out request.
In connection with your use of the Services, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). Damoov does not endorse any Third Party Website nor any products, services, or opportunities advertised, offered, or sold by, through, or in connection with any Third Party Website (“Third Party Information”). Damoov does not make any representations or warranties regarding Third Party Websites or third party information. Please carefully review all policies and terms applicable to Third Party Websites.
Except for PII and Your Responses, all communications and User Content submitted or transmitted by you to Damoov, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Damoov for any legal reason.
THE SERVICES, INCLUDING ALL INFORMATION, MATERIAL, AND COMMENTARY MADE AVAILABLE ON OR THROUGH THE SERVICES, ARE PROVIDED “AS IS”, AND DAMOOV DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY SUCH INFORMATION, CONTENT, MATERIAL, AND COMMENTARY.
FURTHER, DAMOOV HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DAMOOV DOES NOT WARRANT THAT: (I) THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SERVICES (OR INFORMATION, SURVEYS, PRODUCT TESTING, CONTENT, MATERIAL, OR COMMENTARY CONTAINED THEREIN) WILL BE UNINTERRUPTED OR ERROR FREE; (II) DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED; (III) THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE SERVICES OR ANY DAMOOV APPLICATION WILL NOT HAVE ANY HARMFUL EFFECT ON YOUR COMPUTER OR YOUR MOBILE DEVICE.
DAMOOV DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES. DAMOOV SHALL HAVE NO OBLIGATION TO COMMUNICATE WITH ANY MANUFACTURERS, RETAILERS, OR OTHER THIRD PARTIES WHOSE PRODUCTS/SERVICES ARE THE SUBJECT OF A SURVEY OR PRODUCT TESTING. DAMOOV IS NOT RESPONSIBLE FOR REPAIRING, REPLACING, OR IMPROVING ANY SUCH PRODUCTS OR SERVICES.
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.
Damoov hereby reserves the right, in Damoov‘s sole discretion, to make changes to these Terms. Damoov encourages you to review these Terms on an ongoing basis. Damoov will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
You agree to indemnify, defend, and hold harmless Damoov, including its parents, affiliates, and subsidiaries (and their respective members, managers, shareholders, directors, officers, employees, and agents), from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties, costs, and/or expenses of any kind, including but not limited to reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL DAMOOV BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER DAMOOV IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Damoov employees and their Immediate Family Members (as defined herein) are not eligible to receive any Rewards for using, participating in, or accessing the Services. For the purpose of this Section 16, the term “Immediate Family Members” includes parents, spouses or spousal equivalents, domestic partners, children, girlfriends, and boyfriends.
Damoov employees may use, access, or participate in the Services only after receiving written permission from their respective manager, and only for the sole purpose of improving the Services. Damoov’s employees must always be honest and report accurate information in connection with using, accessing, or participating in the Services.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of unencrypted electronically stored personal information (as defined in applicable statutes on security breach notification) to you via email or conspicuous posting on or through the Services in an expedient manner and without unreasonable delay, insofar as these are consistent with (i) the legitimate needs of law enforcement, (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system, and (iii) applicable law.
Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to Damoov should: (i) be correctly addressed to the address below, and shall be sufficiently delivered if delivered (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch), or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the email address below.
68 CIRCULAR ROAD #02-01, SINGAPORE (049422)
Except as otherwise required by Applicable Laws, you agree that Damoov may provide notices to you: (i) via the e-mail address provided by you to Damoov (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Damoov did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid, addressed to the address provided by you to Damoov (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the applicable Website. You agree to check the applicable Website frequently for notices and to keep your PII up-to-date.
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Damoov’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent Damoov from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms, or policies referenced herein or incorporated herein, and any requirements specific to a Study or survey, represent the entire understanding and agreement between Damoov and you with respect to the subject matter hereof.
68 CIRCULAR ROAD #02-01, SINGAPORE (049422)