We license use of our Portalto you on the basis of this Agreement. We do not sell our Portalto you and we remain the owner of our Portalat all times.
IMPORTANT NOTICE TO ALL USERS:
You should print a copy of this Agreement for future reference.
1.1 The provisions set out in this Agreement govern your access to and your use of our Porta land shall constitute a legally binding agreement between you and us. Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use our Portal on the terms of this Agreement.
1.2 By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using our Portal, you confirm that you have read the terms set out in this Agreement and agree to be bound by and comply with them.
1.3 You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. You shall keep all usernames and passwords required to access the Services secure and confidential, and immediately notify us of any unauthorized use or other breach of security. You agree to take all other actions that we reasonably deem necessary to maintain or enhance the security of our computing systems and networks and your access to the Services.We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
1.4 We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Portal or your account at any time, or remove or edit content (including content submitted by you) on our Portal or on any of our affiliated websites (including social media pages).
1.5 We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Portal or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time.
1.6 You agree and acknowledges that due to the nature of the internet, access to or operation of the Portal may from time to time be interrupted or encounter technical difficulties. We do not warrant or guarantee any free or uninterrupted use of the Portal, and shall not be liable for any loss, damages or expenses arising out of or in connection with your use of, or the inability to use, the Portal.
1.7 The following additional terms also apply to your use of our Portal and form part of this Agreement:
(b)Our Acceptable Use Policy (see https://dashbod.com/acceptable-use-policy/) sets out the permitted uses and prohibited uses of our Portal. When using our Portal, you must comply with this Acceptable Use Policy.
UPLOADING CONTENT TO OUR PORTAL
2.1 You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Portal complies with our Acceptable Use Policy and the PDPA.
2.2 You are fully responsible for your content uploaded to our Portal. We will not be responsible, or liable to any third party, for:
(a)the content or accuracy of any content or data uploaded by you, by us on your behalf,or any other user of our Portal; or
(b)the loss of any content or data (whether in physical or digital form) provided to us by you.
2.3 We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
2.4 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Portal constitutes a violation of their rights under Singapore law.
2.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content or data uploaded by you or any other user of our Portal.
Except as expressly set out in this Agreement or as permitted by any local law, you undertake
(a) not to undermine the security or integrity of SMECEN’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
(b) not to use, or misuse, the Services in any way which may impair the functionality of the Services or the Portal, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Portal;
(c) gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted
(d) transmit, or input into the Portal, any files that may damage any other person’s computing devices or software;
(e ) not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Portal or any of the contents therein for any commercial or other purposes;
(f) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Portal nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Portal or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
(g) not to provide or otherwise make available our Portal in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(h) to include our copyright notice on all entire and partial copies you make of our Portal on any medium;
(i) to comply with all applicable technology control or export laws and regulations; and
(j) not to disrupt, disable, or otherwise impair the proper working of the Services, our Portal or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge that all intellectual property rights in our Portal anywhere in the world belong to us, that rights in our Portal are licensed (not sold) to you, and that you have no rights in, or to, our Portal other than the right to use them in accordance with the terms of this Agreement.
4.2 You acknowledge that you have no right to have access to our Portal in source code form.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Portal in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of content on our Portal must always be acknowledged.
4.5 If you print off, copy or download any content on our Portal in breach of this Agreement, your right to use our Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5.1 While we make all efforts to maintain the accuracy of the information on our Portal, we provide the Services, Portal and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and our Portal is at your sole risk.
5.2 To the full extent permissible by law, we disclaim all warranties, express or implied,relating to our Portal or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose.We do not warrant that the Services, our Portal, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
LIMITATION OF LIABILITY
6.1 Subject to paragraph 6.2,you agree and acknowledge that we shall have no liability to you, whether in contract, tort (including negligence),breach of statutory duty, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, our Portal or any other website or software) for:
(a)loss of profits, sales, business, or revenue
(c)loss of anticipated savings;
(d)loss or corruption of data or information;(e)loss of business opportunity, goodwill or reputation; or
(f)any other indirect or consequential loss or damage.
6.2 Nothing in this Agreement shall limit or exclude our liability for:
(a)death or personal injury resulting from our negligence;
(c)any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
6.3 This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and our Portal. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Portal which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Portal,Services and/or any websites or software in relation thereto or otherwise, and whether under this Agreement (including our Acceptable Use Policy), any laws or regulations or otherwise. This shall include any and all claims relating to breach of intellectual property rights or other proprietary rights in any content uploaded by you to our Portal.
OTHER IMPORTANT TERMS
8.1 We may revise this Agreement from time to time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. If we make material changes, we will use reasonable endeavours to provide notice to you through the Portal or other contact information prior to the changes becoming effective. If you object to any changes, must not use the Portal and/or the Services. Your continued use of our Portal and/or Services after we publish or notify you of the changes shall mean that you agree to be bound by the updated terms.
8.2 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or obligations under this Agreement.
8.3 You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
8.4 No partnership or agency or employment relationship has arisen by reason of this Agreement.
8.5 This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement,representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
8.6 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.7 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8.8 This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this Agreement, we both irrevocably submit to the exclusive jurisdiction of the courts of Singapore.