Terms of Service
This Terms & Conditions applies to the Suntec International Web Site/Service and does not apply to the content of third parties. The Suntec International Web Site/Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Suntec International Web Site/Service constitutes your agreement to all such terms, conditions, and notices.
1. Modification of The Terms & Conditions
Suntec International reserves the right to change the terms, conditions, and notices under which the Suntec International Web Site/Service is offered, including but not limiting to the charges associated with the use of the Suntec International Web Site services. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Suntec International Web Site/Service constitutes your agreement to all such terms, conditions, and notices.
2. Personal And Non-Commercial Use Limitation
Unless otherwise specified, the Suntec International Web Site/Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Suntec International Web Site/Service. Without the advance express written permission of Suntec International, you may not ‘meta-search' the Suntec International Web Site/Service, send, or cause to be sent, any automated queries of any sort to the Suntec International Web Site/Service, or use the Suntec International Web Site/Service in any commercial manner. “Automated queries” shall include but not limited to using any software that sends queries to Suntec International Web Site/Service to determine how a web site “ranks”.
3. Links to Third Party Sites
The Suntec International Web Site/Service may contain links to third party Web Sites (“Linked Sites”). The Linked Sites are not under the control of Suntec International and Suntec International cannot accept responsibility for the contents of or the consequences of accessing any linked website, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Suntec International is not responsible for webcasting or any form of transmission received from any Linked Site nor is Suntec International responsible if the Linked Site is not working appropriately. Suntec International is providing these links to you only as a convenience, and the inclusion of any links does not imply endorsement by Suntec International of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
4. No Unlawful Or Prohibited Use
As a condition of your use of the Suntec International Web Site/Service, you will not use the Suntec International Web Site/Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Suntec International Web Site/Services in any manner that could damage, disable, overburden, or impair any Suntec International Web Site/Service(s) (or the network(s) connected to Suntec International Web Site/Service(s)) or interfere with any other party's use and enjoyment of any Suntec International Service(s). You may not attempt to gain unauthorized access to Suntec International Web Site/Service, other accounts, computer systems or networks connected to Suntec International Web Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Suntec International Web Site/Services.
5. Use of Services
You agree: (i) to comply with all the notices, guidelines, rules and instructions pertaining to the use of Suntec International Web Site/Services as issued by Suntec International from time to time, including all specific terms and conditions governing use of specific aspects of the Service (including any New Services) and any Additional Terms (see Clause 9 below), operating rules or policies that may be published from time to time by Suntec International and/or made available at Suntec International Web Site/Services; (ii) to abide by all applicable laws and regulations in your use of Suntec International Web Site/Services; (iii) not to share or disclose your UserID and Password (defined below) to any other party; (iv) not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (v) not to upload or distribute in any way files which you know or have reason to suspect contain viruses, corrupted files or any other similar software, programs, macros or files that may detrimentally interfere with Suntec International Web Site/Services; or to do anything which would create or impose an unreasonable or disproportionately large burden or load on Suntec International Web Site; (vi) not to gather and use User Materials posted or transmitted through Suntec International Web Site for unsolicited advertising or other unsolicited purposes; (vii) not to use Suntec International Web Site/Services for illegal purposes; (viii) not to post or transmit “junk mail”, “spam”, “chain letters” or engage in unsolicited mass distribution of email or to transmit any unsolicited advertising in any form whatsoever; (ix) not to post, promote or transmit information through Suntec International Web Site which may infringe the rights of any third party, whether in statute or at common law, including but is not limited to any third party's copyright, patent, trademark, trade secret or proprietary rights or rights of publicity or privacy; (x) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of any software that is used in connection with Suntec International Web Site/Service; and (xi) not to post, promote or transmit through Suntec International Web Site any unlawful, harassing, libelous, defamatory, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Suntec International reserves the right at all times to disclose any information as Suntec International deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, un Suntec International's sole discretion.
6. Materials Provided to Suntec International
Suntec International does not claim ownership of the materials you provide to Suntec International (including feedback and suggestions) or post, upload, input or submit to Suntec International Web Site/Services or its associated services for review. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Suntec International and its affiliated companies permission to use your Submission in connection with the operation of their businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of Suntec International Web Site/Services. No compensation will be paid with respect to the use of your Submission, as provided herein. Suntec International is under no obligation to post or use any Submission you may provide and Suntec International may remove any Submission at any time in its sole discretion. By Posting a Submission, you warrant and represent that you own or otherwise control all rights to your Submission as described in these Terms & Conditions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
7. Confidentiality
Suntec International shall ensure that its agents, employees, representatives, subcontractors and servants treat as confidential and not disclose any information which comes into its or their possession, pursuant to or as a result of or in the performance of this agreement, whether such information relates to the business, sales, marketing, operations or practices of the User or otherwise, unless approved by the User. You agree that the information and/or particulars you send through Suntec International Web Site/Services is non-confidential and non-proprietary unless otherwise expressly indicated. You hereby authorise each of them to, disclose such information to any person but only in connection with the provision of the Services. This clause shall survive the termination of the Terms & Conditions without limit in point of time but shall cease to apply for information or knowledge which may properly come into public domain through no fault of Suntec International.
8. Liability Disclaimer The information, software, products, and services included in or available through Suntec International Web Site/Services may include inaccuracies or typographical errors. Changes are periodically made to Suntec International Web Site/Services and to the information therein. Suntec International and/or its respective suppliers may make improvements and/or changes in the Suntec International Web Site/Services at any time. Advice received via the Suntec International Web Site/Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Suntec International and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lacks of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within Suntec International Web Site/Services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind, Suntec International and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that Suntec International shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Suntec International Web Site/Service. You specifically agree that Suntec International is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Suntec International is not responsible for any content sent using and/or included in Suntec International Web Site/Services by any third party. In no event shall Suntec International and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Suntec International Web Site/Services. With the delay or inability to use the Suntec International Web Site/Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Suntec International Web Site/Services or otherwise arising out of the use of Suntec International Web Site/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Suntec International or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Suntec International Web Site/Services, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue using Suntec International Web Site/Services.
9. New services And Other Applicable Terms
Suntec International reserves the right, but shall not be obliged to adapt and/or modify Suntec International Web Site/Services or to introduce new services, functions and/or features (all such adaptations, modifications and/or new services, functions and features to be collectively referred to as “New Services”). The term “Service shall include News Services unless otherwise indicated. All New Services shall be governed by this Terms & Conditions and may be subject to additional terms and conditions (“Additional Terms”) which you shall be required to agree to, before access to and use of such New Services are provided. In the event of any inconsistency between this Terms & Conditions and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the modification of the Service and contents of Suntec International Web Site unless otherwise provided.
10. Termination/Access Restriction
Suntec International reserves the right, in its sole discretion, to terminate your access to Suntec International Web Site/Services and the related services or any portion thereof at any time, without notice. Suntec International may also terminate or suspend your access to Suntec International Web Site/Services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Suntec International. Upon termination of Suntec International Web Site/Services, your right to use Suntec International Web Site/Services immediately ceases. Suntec International shall have no obligation to maintain any content.
11. Disclaimers
As To Third Party Content Information and/or content from various sources, including third party content providers, maybe included at Suntec International Web Site/Services. Neither Suntec International nor any of its content providers shall be liable for any errors or delays in the content furnished at Suntec International Web Site/Services, or for any actions taken in reliance thereon. Suntec International is under no obligation to monitor, screen, censor or review transmissions, and the like on Suntec International Web Site, and disclaims any responsibility or liability arising from the content at any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in any information within such locations on Suntec International Web Site.
12. No Warranty
Suntec International Web Site/Services and all information, materials, services and functions contain therein are provided “as is” and “as available”. While Suntec International will use reasonable efforts to perform its duties, no warranty of any kind, implied, express or statutory, including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with Suntec International Web Site/Service, or any information and materials provided at Suntec International Web Site or through the Service. While Suntec International will use reasonable efforts to perform its duties, Suntec International does not warrant:- (i) the accuracy, timeliness, adequacy or completeness of the information, materials, services and/or functions provided at or contained in Suntec International Web Site and/or the Service; (ii) that your use of and/or access to Suntec International Web Site, the Service or any information or any materials on Suntec International Web Site, or the Service as a whole, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that Suntec International Web Site/Service or any information or materials provided therein will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of materials displayed on Suntec International Web Site and/or the Service will not infringe rights of third parties. While Suntec International will use reasonable efforts to perform its duties, you acknowledge and agree that Suntec International does not warrant the security of any information transmitted by or to you using the Service and you hereby accept the risk that any information transmitted or received using Service may be accessed by unauthorized third parties and/or disclosed by Suntec International and its officers, employees, or agents to third parties purporting to be you or purporting to act under your authority. You will not hold Suntec International or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for nay such access or disclosure or for any damages, losses, expenses, or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.
13. Limitation of Liability
Suntec International shall in no event nor for any reasons whatsoever be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with (i) any access, use or the inability to access or use Suntec International Web Site/Service, (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros, (iii) any use of or access to any other website or webpage linked to Suntec International Web Site; (iv) any services, products, information, data, software or other materials obtained or downloaded from Suntec International Web Site or the Service or from any other website or webpage linked to Suntec International Web Site or from any other party referred by Suntec International Web Site and/or the Service; or (v) any dispute arising between you and any Third Party Service Provider of Suntec International Web Site/Service, even if Suntec International has been advised of the possibility of such damages, losses, or expenses.
14. Indemnity
You shall fully indemnify Suntec International, its officers and employees against all actions or claims arising out of your breach at the provisions contained herein and/or in connection with your use of Suntec International Web Site/Service brought against Suntec International by another User, Third Party Service Provider or any third party unless Suntec International is liable due to its own default, negligence or breach of any laws.
15. Intellectual Property
All copyright and other intellectual property and proprietary rights in the content, including but not limited to text, software, code, scripts, webpages, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material contained in Suntec International Web Site/Service (“Content') belong to Suntec International or other third party content providers. You may download or print the Content solely in connection of your use of the Services. You may access materials displayed on Suntec International Web Site/Service for your non-commercial use only provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, sell copy, reproduce, distribute, modify, display, transmit, reuse, re-post, or otherwise use the Content for any public or commercial purposes without Suntec International's or the relevant third party content provider's prior written permission.
16. Linking
You may not, without Suntec International's prior written permission, insert a hyperlink to Suntec International Web Site/Service (or nay part thereof) on any other website or webpage or 'mirror' any material contained on Suntec International web site on any other server and you may not establish and/or maintain, on any website or webpage, any in-links, frame links and/or any other type of hyperlinks to Suntec International Web Site or any part thereof (including without limitation any webpages, images, video, audio, graphics, text, code, program and/or any other material on Suntec International Web Site).
17. Notices
Any notices, demands or other communications, may be deemed served by Suntec International by posting them on Suntec International Web Site or by email or such other methods as prescribed in this Terms & Condition or by Suntec International from time to time. All such notices, demands or other communications are deemed served when :- (i) posted on Suntec International Web Site; or (ii) if by email, when sent to your email address notified to Suntec International in writing and shall be effective on the date and time of transmission by the mail server operated by Suntec International and/or its service provider unless Suntec International receives a non-delivery of ‘returned mail' reply message or any error message indicating that the email was not successfully sent to your mailbox or your mail server or the mailbox of your designated service provider within (twenty four hours) from the date of transmission of the email from the email server operated by Suntec International or its service provider; or (iii) such other method as prescribed in this Terms & Condition. Notwithstanding the above provisions, Suntec International may from time to time designate other acceptable modes of giving notices under this Terms & Condition (including but not limited to any form of electronic communication) and the time or event by which such notice shall be deemed given.
18. Force Majeure
Suntec International will not be liable for non-performance, error, interruption or delay in the performance of its obligations, in Suntec International Web Site's operation, in the provision of the Service (or any part thereof) or for any inaccuracy, unreliability or unsuitability of Suntec International Web Site's contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control which includes without limitation:- (I) flood, lightning, acts of God, fire, earthquakes and other natural disasters; (ii) judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact; (iii) power failure; (iv) acts or defaults of any telecommunications network operator; (v) circumstances where communications lines for Suntec International's computer systems (whether in Singapore or elsewhere) cannot be used for reasons attributable to third party telecommunications carriers; and (v) acts or omissions of any Third Party Service Provider or a party for whom Suntec International is not responsible.
19. Records
You acknowledge and agree that Suntec International's records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the Service and/or Suntec International Web Site by you or any person purporting to be you, acting on your behalf r purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations or operations relating to the operation of the Service and any record of any communications, transactions, instructions or operations maintained or by any relevant person authorised by Suntec International relating to or connected with the Service and/or Suntec International Web Site shall be binding on you for all purposes whatsoever and shall be conclusive evidence at such communications, transactions, instructions or operations. You agree that such records are admissible as evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system, and hereby waive any of your rights (if any) to so object.
20. Arbitration
Any dispute, controversy or claim arising out of or in connection with the terms and conditions contained herein, including any questions regarding its existence, validity, breach, or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore Arbitration Centre (“SIAC”) or at such venue in Singapore as the parties may agree in writing in accordance with the SIAC rules. A tribunal shall consist of a single arbitrator to be appointed by the Chairman of SIAC. The language of the arbitration shall be English. The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
21. Severability
If any provision or part thereof of this Terms & Condition is held to be invalid or unenforceable, such provision or part thereof shall be struck off and the remaining provisions shall be enforced. 22. Governing Law By accessing Suntec International Web Site and/or using the Service, you agree that Singapore law (including without limitation, the provisions of the Evidence Act (Cap. 97) and the Electronic Transactions Act (Cap. 88) shall govern such access and that this Agreement shall be construed and governed by Singapore law.