1.
ACCEPTANCE OF TERMS
Welcome to
www.Consultancy.com.sg.
Consultancy.com.sg (also
referred to as "we" or "us")
provides the Services
including the use of this
website (as defined below)
to you, subject to the
following Terms of Use,
which may be updated by us
in our sole discretion from
time to time with or without
notice to you. You
agree that your continued
use of the Service after
such update will constitute
your acceptance of and
agreement to be bound by the
updated Terms of Use.
In addition, when using the
Services or the website, you
shall be subject to any
posted guidelines or rules
applicable to such services
from time to time. All such
guidelines or rules are
hereby incorporated by
reference to the Terms of
Use. In most cases the
guidelines and rules are
specific to a particular
part of the Service and will
assist you in applying the
Terms of Use to that part,
but to the extent of any
inconsistency between the
Terms of Use and any
guideline or rule, the Terms
of Use will prevail.
2. DESCRIPTION OF
SERVICE
We provide
users with access and use of
materials or Contents on
http://www.Consultancy.com.sg
(also referred to as the
"Service") through our
network of properties which
may be accessed through any
various medium now known or
hereafter developed,
including but not limited to
the World Wide Web. You also
understand and agree that
the Service may include
certain communications from
us, such as service
announcements,
administrative messages and
newsletters. Unless
explicitly stated otherwise,
any new features that
augment or enhance the
current Service shall be
subject to the Terms of Use.
You understand and agree
that the Service is provided
on an "AS-IS" basis and that
we assume no responsibility
for the timeliness,
deletion, mis-delivery or
failure to store any user
communications or
personalisation settings.
Unless expressly
stated otherwise, no
information presented in the
Service or in connection
with any products and
services forming part of the
Service shall be deemed as a
binding offer by us or the
relevant third party, but
may constitute an invitation
for you to place an order.
In respect of contracts for
our or any third party's
products and services which
are made available as part
of the Service, these shall
be deemed concluded when we
or the relevant third party
have accepted your order for
the same or have provided
you with the product or
service pursuant to your
order.
3. Consultancy.com.sg reserves the right to refuse or delete the free personal agent website at any time without the need to assign any reason or whatsoever.
In consideration of
your use of the Service, you
represent that you are of
legal age to form a binding
contract and are not a
person barred from receiving
services under the laws of
Singapore or other
applicable jurisdiction. You
also agree to: (a) provide
true, accurate, current and
complete information about
yourself and (b) maintain
and promptly update the
Registration Data to keep it
true, accurate, current and
complete. If you provide any
information that is untrue,
inaccurate, not current or
incomplete, or we have
reasonable grounds to
suspect that such
information is untrue,
inaccurate, not current or
incomplete, we reserve the
right to suspend or
terminate your account and
refuse any and all current
or future use of the Service
(or any portion thereof).
4. You are not
allowed to use or reverse
engineer or make the
PowerSearch data or part of
it as your database to
provide to your associates,
agents or anybody because
this is tantamount to
piracy, theft and breach of
the use of this service
which are punishable by law
to the maximum extent.
5.
You understand that all
information, data, text,
software, music, sound,
photographs, graphics,
video, messages, tags, links
or other materials
("Content"), whether
publicly posted or privately
transmitted, are the sole
responsibility of the person
from whom such Content
originated. This means that
you are entirely responsible
for all Content that you
upload, post, email,
transmit or otherwise make
available via the Service.
We bear no responsibility
for the Content posted via
the Service and, as such, do
not guarantee the accuracy,
integrity or quality of such
Content. You understand that
by using the Service, you
may be exposed to Content
that may be construed or
regarded as offensive,
indecent, fraudulent,
objectionable, inaccurate,
defamatory or erroneous.
Under no circumstances will
we or our licensors,
suppliers, vendors, parent,
holding, subsidiary or
related companies,
affiliates, officers, agents
or employees, as the case
may be, be liable in any way
for any Content, including,
but not limited to, any
exposure to offensive,
indecent, fraudulent,
defamatory or objectionable
Content, any errors or
omissions in any Content, or
any loss or damage of any
kind incurred as a result of
the use of any Content
posted, emailed, transmitted
or otherwise made available
via the Service.
You
agree to not use the Service
to:
(a) upload,
post, email, transmit or
otherwise make available any
Content that is unlawful,
harmful, threatening,
abusive, harassing, tortious,
defamatory, vulgar, obscene,
pornographic, libelous,
invasive of another's
privacy, subversive,
hateful, or racially,
ethnically or otherwise
objectionable or contrary to
public interest, public
order or national harmony in
all relevant jurisdictions;
(b) harm minors in
any way;
(c)
impersonate any person or
entity, including, but not
limited to, our servant,
agent, employee or official,
forum leader, guide or host,
or falsely state or
otherwise misrepresent your
affiliation with a person or
entity;
(d) forge
headers or otherwise
manipulate identifiers in
order to disguise the origin
of any Content transmitted
through the Service;
(e) upload, post, email,
transmit or otherwise make
available any Content 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);
(f)
upload, post, email,
transmit or otherwise make
available any Content that
infringes any patent,
trademark, trade secret,
copyright or other
proprietary rights of any
party;
(g) upload,
post, email, transmit or
otherwise make available any
unsolicited or unauthorized
advertising, promotional
materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or any
other form of solicitation,
except in those areas that
are designated for such
purpose;
(h) upload,
post, email, transmit or
otherwise make available any
material that contains
software viruses or any
other computer code, files
or programs designed to
interrupt, destroy or limit
the functionality of any
computer software or
hardware or
telecommunications
equipment;
(i)
disrupt the normal flow of
dialogue, cause a screen to
"scroll" faster than other
users of the Service are
able to type, or otherwise
act in a manner that
negatively affects other
users' ability to engage in
real time exchanges;
(j) interfere with or
disrupt the Service or
another person's use of the
Service or servers or
networks connected to the
Service, or disobey any
requirements, procedures,
policies or regulations of
networks connected to the
Service;
(k)
intentionally or
unintentionally violate any
applicable law, statute,
ordinance, regulation, rule
or code, including, but not
limited to, any regulations,
rules, notices, instructions
or directives of any
regulatory body or
authority, governmental
agency or national or other
securities exchange ;
(l) "stalk" or otherwise
harass another;
(m)
commit any fraudulent or
unlawful act, whether in
relation to any third party
provider of products and
services on the Service or
otherwise and/or
(n)
collect or store personal
data about other users in
connection with the
prohibited conduct and
activities set forth in
paragraphs above.
(o)
to cache, hyperlink to, and
frame the whole or any part
of any websites comprised of
in the Service save with our
prior written permission.
We reserve all our
rights to disable any links
to any other website in our
sole absolute discretion.
You acknowledge that we may
or may not pre-screen
Content, but that we and our
designees shall have the
right (but not the
obligation) in their sole
discretion to pre-screen,
refuse, move or remove any
Content that is available
via the Service. Without
limiting the foregoing, we
and our designees shall have
the right to remove any
Content (whether or not
provided by you) that we
believe in good faith
violates the Terms of Use or
that has been alleged to
infringe any intellectual
property or that is
otherwise objectionable in
our sole opinion, without
being liable to you in any
way for any loss or damage
arising from such removal.
You agree that you must
evaluate, and bear all risks
associated with, the use of
any Content, including any
reliance on the accuracy,
completeness, or usefulness
of such Content. In this
regard, you acknowledge that
you may not rely on any
Content created by us or
submitted to us, including
without limitation
information in all parts of
the Service.
You
acknowledge, consent and
agree that we may in our
sole discretion access,
preserve and disclose your
account information and
Content if required to do so
by law or in a good faith
belief that such access
preservation or disclosure
is reasonably necessary to:
(a) comply with legal
process; (b) enforce the
Terms of Use; (c) respond to
claims that any Content
violates the rights of third
parties; (d) respond to your
requests for customer
service; or (e) protect our
rights, property or personal
safety as well as those of
our users and the public.
You understand that the
technical processing and
transmission of the Service,
including your Content, may
involve (a) transmissions
over various networks; and
(b) changes to conform and
adapt to technical
requirements of connecting
networks or devices.
You understand that the
Service and software
embodied within the Service
may include security
components that permit
digital materials to be
protected, and that use of
these materials is subject
to usage rules set by us and
our content providers who
provide content to the
Service. You may not attempt
to override or circumvent
any of the usage rules
embedded into the Service.
Any unauthorized
reproduction, publication,
further distribution or
public exhibition of the
materials provided on the
Service, in whole or in
part, is strictly
prohibited.
6.
By submitting ideas,
suggestions, documents,
and/or proposals
("Contributions") to us, you
acknowledge and agree that:
(a) your Contributions do
not contain confidential or
proprietary information; (b)
we are not under any
obligation of
confidentiality, express or
implied, with respect to the
Contributions; (c) we shall
be entitled to use or
disclose (or choose not to
use or disclose) such
Contributions for any
purpose, in any way, in any
media worldwide; (d) we may
have something similar to
the Contributions already
under consideration or in
development; (e) your
Contributions automatically
become our property without
any obligation on our part
to you; and (f) you are not
entitled to any compensation
or reimbursement of any kind
from us under any
circumstances.
7.
You agree to indemnify and
hold us and our parent,
holding, subsidiary,
affiliated and related
companies, officers, agents,
employees, partners,
suppliers, vendors,
co-branders, licensors
harmless from any claim or
demand, including reasonable
legal or attorneys' fees,
made by any third party due
to or arising out of Content
you submit, post, transmit
or otherwise make available
through the Service, your
use of the Service, your
connection to the Service,
your violation of the Terms
of Use, or your violation of
any rights of another or
your breach of any
applicable law.
8.
You agree not to reproduce,
duplicate, copy, sell,
trade, resell or exploit for
any commercial purposes, any
portion of the Service, use
of the Service, or access to
the Service including all
Content such as photographs,
advertisements, information,
listings and articles
whether posted by others or
by yourself.
9.
We reserve the right at any
time and from time to time
to modify or discontinue,
temporarily or permanently,
the Service (or any part
thereof) with or without
notice. You agree that we
shall not be liable to you
or to any third party for
any modification, suspension
or discontinuance of the
Service.
10.
You agree that we may, under
certain circumstances and
without prior notice,
immediately terminate your
account, any associated
email address, and access to
the Service. Cause for such
termination shall include,
but not be limited to, (a)
breaches or violations or
purported breaches or
violations of the Terms of
Use or other incorporated
agreements or guidelines,
(b) requests by law
enforcement or other
government agencies, (c) a
request by you
(self-initiated account
deletions), (d)
discontinuance or material
modification to the Service
(or any part thereof), (e)
unexpected technical or
security issues or problems,
(f) extended periods of
inactivity, (g) engagement
by you in fraudulent or
illegal activities, and/or
(h) nonpayment of any fees
owed by you in connection
with the Services.
Termination of your account
includes (a) removal of
access to all offerings
within the Service, (b)
deletion of your password
and all related information,
files and content associated
with or inside your account
(or any part thereof), and
(c) barring of further use
of the Service. Further, you
agree that all terminations
for cause shall be made in
our sole discretion and that
we shall not be liable to
you or any third party for
any termination of your
account, any associated
email address, or access to
the Service.
11.
The Service may also include
access to products and
services of independent
third parties either
directly or via links to
sites operated by such third
party advertisers. Your
correspondence or business
dealings with, or
participation in promotions
of, advertisers found on or
through the Service,
including payment and
delivery of related goods or
services, and any other
terms, conditions,
warranties or
representations associated
with such dealings, are
solely between you and such
advertisers, You agree that
we shall not be responsible
or liable for any loss or
damage of any sort incurred
as the result of any such
dealings or as the result of
the presence of such
advertisers on the Service.
The Service may
provide, or third parties
may provide, links to other
World Wide Web sites or
resources. Because we have
has no control over such
sites and resources, you
acknowledge and agree that
we are not responsible for
the availability of such
external sites or resources,
and do not endorse and are
not responsible or liable
for any Content,
advertising, products or
other materials on or
available from such sites or
resources. You further
acknowledge and agree that
we shall not be responsible
or liable, directly or
indirectly, for any damage
or loss caused or alleged to
be caused by or in
connection with use of or
reliance on any such
Content, goods or services
available on or through any
such site or resource.
Privacy - By giving or
making available the
Registration Data and such
other information about
yourself to us, you agree
and acknowledge that we may
use or release such
information to third parties
and that you give consent to
such use or disclosure. You
further agree that providing
us with your Registration
Data and/or using the
Service, you expressly
request to receive and
consent to receiving
communications and materials
from us from time to time.
You understand that through
your use of the Service you
consent to the collection
and use of this information,
including the transfer of
this information to other
countries for storage,
processing and use by us and
our affiliates.
12. DISCLAIMER OF
WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND
AGREE THAT:
(a) YOUR
USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WE
AND OUR PARENT, HOLDING,
SUBSIDIARY AND RELATED
COMPANIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS,
PARTNERS, LICENSORS,
SUPPLIERS AND VENDORS
EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND
NON-INFRINGEMENT (OTHER THAN
ANY WARRANTY THE EXCLUSION
OF WHICH IS NOT LAWFUL).
(b) WE AND OUR PARENT,
HOLDING, SUBSIDIARY AND
RELATED COMPANIES,
AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS,
LICENSORS, SUPPLIERS AND
VENDORS MAKE NO WARRANTY
THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS; (ii)
THE SERVICE WILL BE
UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii)
THE SERVICE WILL BE
ACCESSIBLE AT ANY TIME OR AT
ALL TIMES VIA THE CHANNEL
SELECTED OR USED BY YOU,
(iv) THE INFORMATION,
CONTENT OR ADVERTISEMENTS
CONTAINED ON, DISTRIBUTED
THROUGH, OR LINKED,
DOWNLOADED OR ACCESSED FROM
OR THROUGH THE SERVICE (THE
�MATERIALS�) OR THE RESULTS
THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY
PRODUCTS, SERVICES,
INFORMATION OR OTHER
MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY
ERRORS IN THE SERVICE WILL
BE CORRECTED.
(c)
ANY RELIANCE UPON OR USE OF
ANY OF THE MATERIALS SHALL
BE AT YOUR OWN DISCRETION
AND RISK. WE RESERVE THE
RIGHT, IN OUR SOLE
DISCRETION AND WITHOUT ANY
OBLIGATION, TO MAKE
IMPROVEMENTS TO, OR CORRECT
ANY ERROR OR OMISSIONS IN,
ANY PART OF THE SERVICE OR
THE MATERIALS. THE MATERIALS
ARE PROVIDED OR MADE
AVAILABLE BY US ON AN "AS
IS" BASIS, AND WE EXPRESSLY
DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF
MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE,
WITH RESPECT TO ANY OF THE
MATERIALS OR THE PRODUCTS.
(d) ANY MATERIAL
DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT
YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR
EQUIPMENT OR LOSS OF DATA
THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH
MATERIAL.
(e) NO
ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR
OUR LICENSORS, SUPPLIERS,
VENDORS, PARENT, HOLDING,
SUBSIDIARY OR RELATED
COMPANIES, AFFILIATES,
OFFICERS, AGENTS OR
EMPLOYEES OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE
(SAVE FOR ANY FRAUDULENT
MISREPRESENTATION BY US OR
OUR LICENSORS, SUPPLIERS,
VENDORS, PARENT, HOLDING,
SUBSIDIARY OR RELATED
COMPANY, AFFILIATE, OFFICER,
AGENT OR EMPLOYEE, AS THE
CASE MAY BE).
(f) A
SMALL PERCENTAGE OF USERS
MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS
MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO
HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF
YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
13.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT WE AND OUR
PARENT, HOLDING, SUBSIDIARY
AND RELATED COMPANIES,
AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE
LIABLE TO YOU 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 (EVEN IF WE OR OUR
LICENSORS, SUPPLIERS,
VENDORS, PARENT, HOLDING,
SUBSIDIARY OR RELATED
COMPANY, AFFILIATE, OFFICER,
AGENT OR EMPLOYEE, AS THE
CASE MAY BE, HAS BEEN
ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING
FROM:
(i) THE
SERVICE, THE MATERIALS AND
THE PRODUCTS;
(ii)
THE USE OR THE INABILITY TO
USE THE SERVICE;
(iii) THE COST OF
PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA,
INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE;
(iv) UNAUTHORIZED
ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA;
(v) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY
ON THE SERVICE;
(vi)
ANY GOODS OR SERVICES
DISPOSED OF OR MESSAGES SENT
OR RECEIVED USING THE
SERVICE; OR
(vii)
ANY OTHER MATTER RELATING TO
THE SERVICE, THE MATERIALS
OR THE PRODUCTS. NOTHING IN
THESE TERMS OF USE SHALL
LIMIT THE LIABILITY OF US OR
OUR LICENSORS, SUPPLIERS,
VENDORS, PARENT, HOLDING,
SUBSIDIARY OR RELATED
COMPANIES, AFFILIATES,
OFFICERS, AGENTS OR
EMPLOYEES, AS THE CASE MAY
BE FOR DEATH OR PERSONAL
INJURY RESULTING FROM OUR OR
THEIR NEGLIGENCE.
14. EXCLUSIONS AND
LIMITATIONS
YOU
ACKNOWLEDGE THAT THE
DISCLAIMERS AND EXCLUSIONS
OF LIABILITY SET FORTH IN
SECTIONS 18 AND 19 ABOVE
REPRESENT A FAIR AND
REASONABLE ALLOCATION OF THE
RISKS AND BENEFITS OF THE
AGREEMENT BETWEEN YOU AND
US, TAKING ALL RELEVANT
FACTORS INTO CONSIDERATION,
INCLUDING WITHOUT LIMITATION
THE VALUE OF THE
CONSIDERATION PROVIDED BY
YOU TO US AND THE
AVAILABILITY AND COSTS OF
INSURANCE WITH RESPECT TO
THE SAID RISKS. YOU FURTHER
AGREE THAT THESE DISCLAIMERS
AND LIMITATIONS SHALL BE
ENFORCEABLE TO THE FULLEST
EXTENT PERMITTED BY
APPLICABLE LAW.
15.
FINANCIAL MATTERS
The Service is provided for
informational purposes only,
and no Content included in
the Service (such as any
financial or calculation
tools) is intended for
trading or investing
purposes nor shall it
constitute any specific
advice given to you. You
agree that you are solely
and absolutely responsible
for all sale or investment
decisions made by you. We
and our licensors shall not
be responsible or liable for
the accuracy, usefulness or
availability of any
information transmitted or
made available via the
Service, and shall not be
responsible or liable for
any trading or investment
decisions based on such
information.
16. THIRD-PARTY
BENEFICIARIES
You
agree that, except as
otherwise expressly provided
in this Terms of Use, there
shall be no third-party
beneficiaries to this
agreement. You acknowledge
that our licensors,
suppliers, vendors, parent,
holding, subsidiary and
related companies, all
affiliates, and our
officers, agents and
employees, are, where
applicable, intended to be
third party beneficiaries of
any of the Terms herein. You
also acknowledge that our
co-branders and other
partners are intended to be
third party beneficiaries of
Section 11. You agree that
our licensors, suppliers,
vendors, our parent,
holding, subsidiary and
related companies, all
affiliates, our officers,
agents and employees, and
our co-branders and other
partners may each enforce,
severally and in its own
right, any of the Terms
herein as applicable, and
the Singapore Contracts
(Rights of Third Parties)
Act (Cap. 53B) shall apply
to the Terms of Use to the
extent and in the manner set
out or envisaged in the
foregoing but to no further
extent and in no other
manner.
17. NOTICE
We may provide you
with notices, including
those regarding changes to
the Terms of Use, by email,
regular mail or postings on
the Service. You agree that
such notices by email or
regular mail, and such
display of notices or links
to notices to you generally
on the Service, will
constitute sufficient and
adequate notice to you of
the matters contained
therein.
18. NOTICE
AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY
INFRINGEMENT
If you
believe that your
advertisements or any other
materials has been copied,
reproduced or otherwise
dealt with by another party
in a manner that may
constitute copyright
infringement, or if your
intellectual property rights
have been otherwise
violated, please provide our
Copyright Agent with the
following information:
1. a description of the
copyrighted work or other
intellectual property that
you claim has been
infringed;
2. the
nature of the authorisation
or relationship where it is
alleged that a third party
authorises the infringement
by another;
3. where
the material that you claim
is infringing is located on
the site;
4. your
full name, address,
telephone number, and email
address;
5. a
statement by you that you
have a good faith belief
that the disputed use is not
authorised by the copyright
or intellectual property
owner, its agent, or the
law; AND
6. a
statement by you, that the
above information in your
notice is accurate and that
you are the copyright or
intellectual property owner
or authorised to act on the
copyright or intellectual
property owner's behalf.
If you believe any of
your advertisment or
materials that was removed
(or to which access was
disabled) is not infringing,
or that you have the
authorisation from the
copyright owner, the
copyright owner's agent, or
pursuant to the law, to post
and use the advertisement or
materials, you may send a
counter-notice containing
the following information to
the Copyright Agent:
1. your full name,
address, telephone number,
and email address;
2. Identification of the
material that has been
removed or to which access
has been disabled and the
location at which the
content appeared before it
was removed or disabled;
3. A statement that you
have a good faith belief
that the content was removed
or disabled as a result of
mistake or a
misidentification of the
content; and
4. A
statement that you consent
to the jurisdiction of the
Singapore courts and a
statement that you will
accept service of process
from the person who provided
notification of the alleged
infringement.
If a
counter-notice is received
by the Copyright Agent, we
may send a copy of the
counter-notice to the
original complainant
informing that we will
replace the removed content
or cease disabling it in 10
business days unless an
action is filed in court
against you the content
provider. If no action is
filed by the original
complainant in court, the
removed content may be
replaced, or access to it
restored, in 10 to 14
business days or more after
receipt of the
counter-notice.
19.
Entire Agreement.
The Terms of Use constitutes
the entire agreement between
you and us and governs your
use of the Service,
superseding any prior
understandings, statements,
representations and
agreements between you and
us with respect to the
Service. For the avoidance
of doubt, except to the
extent provided in Section
17, you and we are the only
parties to the Terms of Use.
You also may be subject to
additional terms and
conditions that may apply
when you use or purchase
certain our other services,
affiliate services,
third-party content or
third-party software.
Choice of Law and
Jurisdiction. The Terms of
Use and the relationship
between you and us shall be
governed by the laws of
Singapore without regard to
its conflict of law
provisions. Both you and we
agree to submit to the
non-exclusive jurisdiction
of the courts of Singapore.
Waiver and
Severability of Terms. The
failure on our part to
exercise or enforce any
right or provision of the
Terms of Use shall not
constitute a waiver of such
right or provision. If any
provision of the Terms of
Use is found by a court of
competent jurisdiction to be
invalid, the parties
nevertheless agree that the
court should endeavor to
give effect to the parties'
intentions as reflected in
the provision, and to
construe such provision to
the maximum extent permitted
by law so as to render that
provision valid and
enforceable, and the other
provisions of the Terms of
Use remain in full force and
effect.
No Right of
Survivorship and
Non-Transferability. You
agree that your account with
us is non-transferable and
any rights to your ID or
contents within your account
shall terminate upon your
death. Upon receipt of a
copy of a death certificate,
your account may be
terminated and all contents
therein permanently deleted.
Statute of
Limitations. You agree that
regardless of any statute or
law to the contrary, any
claim or cause of action
arising out of or related to
use of the Service or the
Terms of Use must be filed
within one (1) year after
such claim or cause of
action arose or be forever
barred.
The section
titles in the Terms of Use
are for convenience only and
have no legal or contractual
effect.
English
version prevails. In the
event that these Terms of
Use are translated into
other languages and there is
a discrepancy between the
two language versions, the
English language version
shall prevail to the extent
that such discrepancy is the
result of an error in
translation.