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Terms of Site Use
1. Introduction
Thank you for visiting the BizX of the Singapore Business
Federation. The Singapore Business Federation, of 10 Hoe Chiang Road, #22-01
Keppel Towers, Singapore 089315, (“SBF”) has set up an online directory known
as “BizX” to enable members of the SBF (“Members”) to exhibit their contact
particulars, services and products on this BizX.
The purpose of the BizX is to allow the public to have
access to and view details of the business profile and contact particulars of
Members. Please note that SBF does not intend to facilitate the sale and or
purchase of goods and or services or otherwise through the BizX.
These terms and conditions ("Terms and Conditions"),
govern your access to the BizX. In consideration of the SBF granting you
a revocable non- exclusive license to view this BizX, you agree to abide by the
Terms and Conditions set out herein.
PLEASE CAREFULLY READ THROUGH THE ENTIRE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE EXIT
NOW.
By continuing to access or use the BizX, you hereby declare and
agree to enter into an Agreement with SBF and to be bound by all of these terms
and conditions (as may be amended, modified or varied by SBF at its sole
discretion from time to time) at any time. Any such change, modification,
addition or deletion shall be effective upon its posting. PLEASE CHECK THESE
TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED ACCESS AND USE OF
THIS BizX FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL
MEAN YOU ACCEPT THOSE CHANGES.
2. Disclaimer
SBF IS PROVIDING THIS BizX ON AN “AS IS” BASIS AND MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS BizX OR TO ITS
CONTENTS AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. SBF DOES NOT:-
(A) ESTABLISH OR OPERATE A FACILITY THAT OFFERS OR INVITES
OFFERS TO SELL OR PURCHASE GOODS OR SERVICES. WHETHER OR NOT INTENDING OR
REASONABLY INTENDED TO RESULT, WHETHER DIRECTLY OR INDIRECTLY IN THE ACCEPTANCE
OR MAKING OF OFFERS TO SELL OR PURCHASE (WHETHER THROUGH THIS FACILITY OR
OTHERWISE);
(B) GIVE ANY REPRESENTATION OR WARRANTY AS TO THE
RELIABILITY, ACCURACY, COMPLETENESS OR SUITABILITY FOR ANY PURPOSE FOR WHICH
THE INFORMATION HAS BEEN PUBLISHED ON THIS BizX;
(C) WARRANT, ENDORSE THE REPUTATION AND STANDING OF ANY
PARTIES PUBLISHED ON THIS BizX, OR RECOMMEND THAT ANY SUCH PARTIES MAY BE
SUITABLE FOR YOUR PURPOSES;
(D) WARRANT THAT ANY OF THE FUNCTIONS CONTAINED IN ANY
INFORMATION ON THIS BizX, OR YOUR ACCESS TO THIS BizX, WILL BE UNINTERRUPTED OR
ERROR-FREE;
(E) SBF CANNOT AND DOES NOT ENDORSE ANY OF THE INFORMATION
ON THIS BizX AND CANNOT BE HELD RESPONSIBLE FOR ANY VIEWS, FACTS OR
RECOMMENDATIONS CONTAINED IN THE BizX.
3. Intellectual Property Rights
3.1 All content available on the BizX,
including but not limited to text, graphics, logos, button icons, images, audio
clips, data compilations and software, and the compilation thereof
(collectively, the "Content") is the property of SBF, our affiliates, partners
or licensors, and is protected by Singapore and international copyright laws.
3.2 All trade marks, logos, and service
marks displayed on the BizX (collectively, the "Trade Marks") are the
registered and unregistered marks of SBF, our affiliates, partners or
licensors, and are protected by Singapore and international trade mark
laws.
3.3 No material from the BizX, including
the Content and the Trade Marks, may be reproduced, republished, uploaded,
transmitted, broadcast or distributed in any way without our prior written
consent, permission or approval.
3.4 Modification of any of the materials
from the BizX or use of the materials for any other purpose will be a violation
of the copyright, the trade mark rights and other intellectual property rights
of SBF, our affiliates, partners or licensors.
3.5 You shall use your best endeavours to
protect our intellectual property rights or any derivation thereof, and shall
inform us immediately if you learn of any infringement, misappropriation,
improper or wrongful use of the same.
4. Limited Licences
4.1 We grant you a limited and revocable
license to access the BizX. This limited license DOES NOT include the right to:
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(a) Frame or utilize framing techniques to enclose the BizX
or any portion thereof;
(b) Modify or download the BizX or Content (except caching or as
necessary to view the BizX);
(c) Make any use of the BizX or Content other than personal use;
(d) Create any derivative work based upon either the BizX or
Content;
(e) Collect account information for the benefit of yourself or
another party;
(f) Use any meta tags or any other "hidden text" utilizing our
name or the Trade Marks or to otherwise use the Trade Marks; or
(g) Use software robots, spiders, crawlers, or similar data
gathering and extraction tools, or take any other action that may impose an
unreasonable burden or load on our infrastructure.
4.2 Any unauthorized use by you of the
BizX terminates the limited licences set forth in this Clause 4 without
prejudice to any other remedy provided by applicable law or these Terms and
Conditions.
5. Your Obligations and Responsibilities
In the access or use of the BizX, you shall comply with these
Terms and Conditions and the special warnings or instructions for access or use
posted on the BizX. You shall act always in accordance with the law, custom and
in good faith. You may not make any change or alteration to the BizX or any
Content or features that may appear on this BizX and may not impair in any way
the integrity or operation of the BizX. Without limiting the generality of any
other provision of these Terms and Conditions, if you default negligently or
wilfully in any of the obligations set forth in these Terms and Conditions, you
shall be liable for all the losses and damages that this may cause to SBF, our
affiliates, partners or licensors.
6. Secure Access
6.1 If you have been issued with a user
name, a user ID and a password, you are entirely responsible for maintaining
the confidentiality of your designated user name, user ID and password and
shall not at any time disclose your designated user name, user ID and password
to any other person. You shall exercise all reasonable care to prevent
the disclosure or unauthorized use of or publication of the user name, user ID
and/or password. You also agree to accept responsibility for all
activities that occur under your username, user ID and/or password.
6.2 We shall not be in any way
responsible or liable to you or any other person if any person apart from you
or your authorized representatives should obtain possession of or use your
username, user ID and/or password. We are entitled to deem any
information or instructions issued using your user name, user ID and password
originates from you.
6.3 You agree to notify us immediately of
any unauthorized disclosure and/or use of your designated user name, user ID
and password, and/or any other breach of security in relating to your use of
the BizX.
6.4 You acquire no rights to your
designated user name, user ID and/or password and we reserve the right to
change the same at our sole discretion without being liable to you for any loss
or damage suffered by or caused to you, or arising out of , in connection with
or by reason of such change.
6.5 Your access to the BizX shall be
subject always to our right from time to time and at any time to shut down the
BizX for any duration for the purpose of upgrading, maintaining or
investigating the BizX or for any reason which we, in our absolute discretion,
deem appropriate or necessary. We shall not be liable or
responsible for any loss or damage suffered by or caused to you or arising out
of, in connection with or by reason of such shutting down of the BizX.
6.7 We do not guarantee the continuous
availability or access to the BizX. We also reserve the right to change
the look and feel of the BizX or any part thereof from time to time.
6.8 We shall not be liable for any delay
or failure in performance resulting from causes beyond our reasonable control
including but not limited to electrical, electronic, technical and
computer-related faults and breakdowns, fires, strikes (of our or other
employees), insurrection or riots, embargoes, the requirements of any civil or
military authority, civil commotion, power failure, war, acts of foreign
enemies, acts of terrorism or other disturbances or perils of a similar or
analogous nature (“Force Majeure Event”). We shall for the duration of
such an event, be relieved of any such obligation under this Agreement as
affected by the said event PROVIDED that the provisions of this Agreement shall
remain in force with regard to all other obligations under this Agreement that
are not affected by such event and PROVIDED further that the parties shall
resume their full obligations under this Agreement upon the cessation of such
event.
6.9 You agree and acknowledge that any
data, enquiry or request made or submitted electronically to the BizX is
subject to the risks of the occurrence of a Force Majeure Event under Clause
6.8 above and if, in any such event, we do not receive the data, enquiry or
request submitted by you or if such data, enquiry or request is lost, corrupted
or otherwise not accessible, whether wholly or partially for whatever reason,
you shall be deemed not to have submitted such data, enquiry or request, and
you shall have no claim whatsoever against us for compensation, loss or
damage.
7. Termination
7.1 We reserve the right to refuse or
deny access and/or terminate your use of the BizX without prior notice if:
(a) you violate or act inconsistently with the letter or
spirit of these Terms and Conditions; or
(b) we, in or sole discretion, suspect that the security of
your designated user name, user ID and/or password have been compromised in any
way; or
(c) We decide, in our sole discretion, that it would be in our best
interests to do so.
7.2 We shall not be liable or responsible
for any loss or damage suffered by or caused to you or arising out of, in
connection with or by reason of such termination.
8. Third Party Links
We are not responsible for the content of any off-Web site pages
or any other Web sites linked to or from the BizX. Links appearing on the BizX
are for convenience only and are not an endorsement by us, our affiliates or
our partners of the referenced content, product, service, or supplier. Your
linking to or from any off-Web site pages or other Web sites is at your own
risk. We are in no way responsible for examining or evaluating, and we do not
warrant the offerings of, off-Web site pages or any other Web sites linked to
or from the BizX, nor do we assume any responsibility or liability for the
actions, content, products, or services of such pages and Web sites, including,
without limitation, their privacy policies and terms and conditions. You should
carefully review the terms and conditions and privacy policies of all off-Web
site pages and other Web sites that you visit.
9. Submissions
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and ideas,
any inquiries, feedback or other information you provide us will not be subject
to confidentiality or privacy policy.
10. Representations and Warranties / limitation of Liability
10.1 THE SITE IS PRESENTED "AS IS." WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR BizX, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY,
RELIABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE
EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
10.2 YOU AGREE THAT, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE
(WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;
(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS
WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE SITE;
(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY
OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR
FROM THIRD PARTY WEB SITES
(f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR
(g) EVENTS BEYOND OUR REASONABLE CONTROL.
10.3 FURTHER, TO THE FULLEST EXTENT
PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO BizX
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE SUM OF TWO HUNDRED SINGAPORE
DOLLARS.
11. Indemnification
You agree to defend, indemnify and hold us harmless for any
loss, damages or costs, including reasonable attorneys' fees, resulting from
any third party claim, action, or demand resulting from your use of the BizX.
You also agree to indemnify us for any loss, damages, or costs, including
reasonable attorneys' fees, resulting from your use of software robots,
spiders, crawlers, or similar data gathering and extraction tools, or any other
action you take that imposes an unreasonable burden or load on our
infrastructure.
12. Governing Law and Dispute Resolution
12.1 We control and maintain the BizX
from Singapore and make no representation that the material and information
contained in the BizX is appropriate or available for use in all other
locations/jurisdictions.
12.2 With respect to any dispute
regarding the BizX, all rights and obligations and all actions contemplated by
these Terms and Conditions shall be governed by the laws of the Republic of
Singapore, including without limitation the provisions of the Singapore
Evidence Act (Chapter 97) and the Singapore Electronic Transactions Act
(Chapter 88) and subject to Clause 12.3 below any dispute shall be subject to
the non- exclusive jurisdiction of the Courts of the Republic of
Singapore.
12.3 Any dispute arising between the
Parties in connection with this Agreement ("Dispute") or any breach thereof
must be resolved in the first instance through mediation in accordance with the
mediation rules of the Singapore Mediation Centre. Any party that receives a
notice for mediation shall consent to participate in the above-mentioned
mediation process. Failure to comply will be a breach of this Agreement.
12.4 The distribution of material and
information on the BizX may be restricted by the applicable laws in your
jurisdiction. It is your responsibility to find out what those restrictions are
and to observe them.
12.5 A printed version of the Terms and
Conditions and of any notice given in electronic form shall be admissible in
judicial and administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
13. General
13.1 You acknowledge and agree that these
Terms and Conditions, constitute the complete and exclusive agreement between
us concerning your use of the BizX, and supersede and govern all prior
proposals, agreements, or other communications.
13.2 We may, with or without prior notice,
terminate any of the rights granted by these Terms and Conditions. You shall
comply immediately with any termination or other notice, including, as
applicable, by ceasing all use of the BizX.
13.3 All notices, demands and
communications required or permitted be given under this Agreement shall be
sent by posting to the last known address of the parties, or sent by e-mail to
the user or posted on the BizX, or published in the newspapers, by whichever
method as we may in our absolute discretion deem fit. Any such notice,
demand or communication shall be deemed to have been effectively served on the
day following posting if sent by post or immediately if sent by e-mail or
published on the BizX of in the newspapers. Users of the BizX shall
notify us in writing of any change of name or contact particulars, at the first
reasonable opportunity after such change.
13.4 Nothing contained in these Terms and
Conditions shall be construed as creating any agency, partnership, or other
form of joint enterprise between us. Our failure to require your performance of
any provision hereof shall not affect our full right to require such
performance at any time thereafter, nor shall our waiver of a breach of any
provision hereof be taken or held to be a waiver of the provision itself. In
the event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or invalid
as a whole. We will amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, our original objectives
and intent as reflected in the original provision.
13.5 No term of this Agreement shall be
enforceable under the Contract (Rights of Third Parties) Act of Singapore (“the
Act”) by a third party (being any person other than the parties and their
permitted successors and assignees), but this does not affect any right or
remedy of a third party which exists or is available apart from under the Act.
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