1. Acknowledgement and Acceptance of Terms
and Conditions
The following terms and conditions herein listed comprise the entire
agreement between the user who is registering and/or subscribing to the
ilied.com.sg services and iLied.com Pte Ltd (hereinafter known as
"ILIED"), and supersedes all previous prior agreements between both parties
regarding the subject matter contained herein.
These terms and conditions
shall at all times govern the services to be provided by ILIED and the
payment and use of such services by the User.
By completing the registration or
subscription process and clicking the 'Finish' button, the User is deemed at
all times to be bound by all of the terms and conditions as follows:-
2. Definition of Terms
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"Agreement" Completed
registration or subscription form read together with the terms and conditions
herein.
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"ILIED" iLied.com Pte Ltd
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"iLied.com.sg" The Internet web
site of ILIED at http://www.ilied.com.sg
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"Services" Services to be
provided by ILIED to the User at ILIED.com.sg, including and not just
limited to any system, software, information or data (whether electronically
transferred or in printed material form).
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"User" An individual subscriber
for the Services, whose personal particulars are stated in the registration or
subscription form.
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"Commencement Date" The date
specified by ILIED in writing in its notice to the User and communicated
to the User through email, indicating the acceptance of the registration or
subscription by the User for the Services.
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"Access" The entitlement of
the User to access online ILIED.com.sg. vii. "Information" Information made
available to the User online through ILIED.com.sg.
3. Disclaimer of Warranty
and Limitation of Liability
The information on ILIED.com.sg is provided on an "AS IS", "AS AVAILABLE"
basis. ILIED does not warrant the accuracy of the materials provided
herein, either expressly or impliedly, for any particular purpose and expressly
disclaims any warranties of merchantability or fitness for a particular
purpose. The use of the site is at all times at the User's sole risk.
ILIED does not represent
nor warrant that the site will be available or that it will meet the User's
requirements, that access will be uninterrupted, that there will be no delays,
failures, errors or omissions or loss of transmitted Information, that no
viruses or other contaminating or destructive properties will be transmitted or
that no damage will occur to the User's computer system. The User has sole
responsibility for adequate protection and back up of data and/or equipment and
for undertaking reasonable and appropriate precautions to scan for computer
viruses or other destructive properties.
ILIED will not be
responsible for any loss or damage that could result from interception by third
parties of any Information made available to the User via ILIED.com.sg.
Although the Information provided to the User on ILIED.com.sg is obtained
or compiled from sources ILIED believes to be reliable, ILIED cannot
and does not guarantee nor warrant the accuracy, adequacy, validity, timeliness
or completeness of any Information or data made available to the User for any
particular purpose. ILIED will also not be liable for any reliance on or
use of Information through the Services, mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or any failure of
performance.
Neither ILIED, nor any of its
affiliates, directors, officers or employees, nor any third party vendor will
be liable or have any responsibility of any kind for any loss or damage that
the User incurs in the event of any failure or interruption of the Services, or
resulting from the act or omission of any other party involved in making or
providing the Services or the data contained therein available to the User, or
from any other cause relating to the User's access to, inability to access, or
use of the Services or these materials, or reliance on or use or inability to
use the Information and Services on the site, or in connection with any failure
or performance, error, omission, interruption, defect, delay in operation or
transmission, computer virus or line or system failure whether or not the
circumstances giving rise to such cause may have been within the control
of ILIED or of any vendor providing Services support.
In no event will ILIED, its
affiliates or any such parties be liable to the User for any direct, special,
indirect, consequential, incidental damages, losses or liabilities including
without limitation or any other damages of any kind but not limited to, lost
profits, downtime costs, labor cost, overhead costs, damages or claims of
customers of the User for such costs even if ILIED or any other party have
been advised of the possibility of such damages, losses or expenses thereof.
4. Access
a. ILIED grants the User a non-transferable, non-exclusive licence to
access ILIED.com.sg and the Information included therein during its normal
hours of operation solely for the purpose of performing research and related
work in the regular course of the User's business. Except as otherwise stated,
such licence includes the right by the User to transfer insubstantial portions
of Information in machine-readable form to a storage device under the User's
exclusive control. The User shall not at any time store or use the Information
in a searchable database.
b. ILIED reserves the right at any time and without prior notice written
or communicated to the User to change ILIED.com.sg's hours of operation or to
limit the User's access to ILIED.com.sg in order to perform repairs, make
modifications or as a result of circumstances beyond ILIED's reasonable
control. ILIED may add or withdraw products or services to or
from ILIED.com.sg from time to time or change their prices for
transactions and will notify the User of such changes thereof.
5. User's Obligations
The User shall at all times:-
. Be responsible for the set-up
or configuration of his computer system for access to ILIED.com.sg;
. Comply with all notices or instructions given by ILIED from time to time
in respect of the use of ILIED.com.sg;
. Comply with any such stated rules of any network or Internet Service Provider
through which the User accesses ILIED.com.sg;
. Be solely responsible for all any Information retrieved, stored and/or
transmitted through ILIED.com.sg by the User;
. Be solely responsible for the maintenance and confidentiality of the login
name and password, and all activities and transmission performed using his
login name;
. Notify immediately ILIED of any unauthorized use of his login name or
any other breach of security known to the User.
6. Prohibited Use
The User shall at all times:-
. Restrict or inhibit any other
user(s) from using ILIED.com.sg;
. Post or transmit any information or data or material which is unlawful,
offensive on moral, religious, racial or political grounds, threatening,
abusive, defamatory, indecent, obscene, pornographic or any objectionable
information of any kind;
. Introduce, post or transmit any information or software which contain(s)
virus(es) or other harmful, contaminating or destructive properties onto
ILIED's network system;
. Upload, post, publish, reproduce or distribute any information through
ILIED.com.sg, which is protected by copyright or proprietary rights, without
obtaining the necessary permission;
. Use ILIED.com.sg for any unlawful purpose including but not limited to
criminal purposes;
. Violate or attempt to violate the security of ILIED.com.sg and/or web
sites linked to ILIED.com.sg. This includes but not limited to accessing data
and information not intended for them or logging onto a server or account,
which the User is not authorized to access, attempting to probe, scan or test
the vulnerability of a system or network or attempting to breach security or
authentication measures without obtaining proper authorization;
. Do anything or cause anything to be done which may be in breach of the
Internet Code of Practice, any regulations, guidelines or instructions in
whatsoever form that the Singapore Broadcasting Authority may issue from time
to time relating to the Services or otherwise.
7. Payment Terms
. The User shall pay all subscription fees and usage charges of ILIED.com.sg,
according to ILIED's stated price list and subscription plans. For online
payment, all rates and charges will be immediately charged to the cash card or
credit card authorized by the User. ILIED reserves the right to change
their rates and charges upon thirty (30) days prior notice to the User.
a. Liability for the subscription fees shall accrue from the Subscription date.
b. In the event that the User notifies ILIED to terminate his
subscription, for whatever reason, there will be no refund of his subscription
fees.
8. Loyalty Bonus
System
ILIED may, at their discretion, operate a loyalty bonus system
on ILIED.com.sg to give various discounts, privileges, loyalty points
and/or loyalty programmes to the User. ILIED reserves the right, at any
time and without assigning any reason whatsoever, to withdraw the privileges at
any time upon such notice by email to the User who has registered with ILIED's
loyalty bonus system.
9. Maintenance of
Services
ILIED may from time to time deactivate and/or suspend the User's access
to ILIED.com.sg and/or the Services without prior notice to the User in
order to carry out system maintenance, upgrading, testing, repairs and other
related work. Without prejudice to the other provisions of this
Agreement, ILIED shall not be liable for any loss and damage whatsoever,
costs and expense that the User may suffer or incur, and no fees or charges,
payable by the User to ILIED shall at any time be deducted, refunded or
rebated, as a result of such deactivation or suspension.
10. Termination and
Modifications
. The terms of this Agreement will extend from the Commencement Date and shall
continue unless terminated by either party upon fourteen (14) days' notice.
a. Notwithstanding clause 7(a)
above, ILIED may terminate this Agreement with immediate effect if:-
. In the opinion of ILIED, the
User has breached any of the terms and conditions of this Agreement (including
but not limited to clauses 5 and 6);
. The User has provided any false or incomplete information and/or withheld
information to ILIED;
. In the opinion of ILIED or
any regulatory authority, it is not in the public interest to continue
providing the Services to the User for any reason whatsoever;
b. ILIED reserves the
right, at any time and without assigning any reason whatsoever, to terminate
its Services upon fourteen (14) days prior notice to the User who has
subscribed or with immediate effect to the User who has registered.
c. ILIED reserves the right
to modify the terms of this Agreement at its sole discretion upon fourteen (14)
days' prior notice to the User. For the avoidance of doubt, the User's
continued use of the Services following such modifications constitutes an
acknowledgement and acceptance by the User of the amended terms and conditions
and also constitutes an agreement by the User to abide and continue to be
bounded by the amended terms and conditions.
d. Subscription units are valid
for one(1) year from the date of subscription, and will thereafter be regarded
as expired. No refund will be made on such expired units after he expiry date.
11. Login name and password
. The User's personnel shall
access ILIED.com.sg using a login name and password selected by the User.
The User shall notify ILIED immediately when any login name needs to be
cancelled for any reason. The User must at all times be responsible for the
confidentiality of his personal password.
a. In the event of theft or loss of login name or password, the User must
notify ILIED immediately and provide ILIED with a written notice to
that effect. The User shall remain liable for use of the Services by any third
party until such theft or loss is notified and communicated to ILIED.
12. Unauthorized Use
The User is responsible and will be billed for all use of the Services made
using his login name. If the User learns or suspects that any such unauthorized
use of his login name is taking place, the User shall notify ILIED
immediately and, in such event, ILIED will promptly replace the User's
password or terminate the login name.
13. Additional Products and
Services
. ILIED will from time to time implement new products and services on
ILIED.com.sg. The User acknowledges that he may be required, as a condition
precedent to the use of such additional products and services, to enter into
additional agreements with ILIED or third parties with respect to these
products and services.
a. Any special requests requested by the User, which is not included in the
Services, shall be accepted or rejected by ILIED at its discretion.
If ILIED accepts such special requests from the User, ILIED may then
quote special charges for the User's prior approval.
14. Ownership
. All Information furnished by ILIED is supplied with the
strictest confidence for the exclusive use of the User. The User shall not at
any time, without the prior written consent of ILIED, divulge any of the
Information to any third party, post, publish, reproduce, distribute or in any
way exploit any information obtained through the Services for any commercial
purposes.
a. The User acknowledges that it he obtains only rights under this Agreement as
a licensee and acquires no ownership rights, interests, copyrights to
ILIED.com.sg, its contents, programming or any of ILIED's additional products
and services.
15. Use of Data
The User hereby agrees and irrevocably authorizes ILIED at all
times to:-
. Use any data and information supplied by the User in connection with this
Agreement for ILIED's own internal and marketing purposes, supply such data and
information to any third parties to use for such purposes, and to supply such
data and information to such third parties for the operation of ILIED.com.sg.
a. Allow all data and information supplied by the User in using the Services to
remain in ILIED.com.sg for the use of ILIED, notwithstanding any such
termination or suspension of the Services to the User. Unless and until the
User informs ILIED to delete all such data and information following the
termination or suspension of his account, such data and information shall at
all times remain in ILIED's property, records and databases.
16. Indemnity
The User will at all times
indemnify and keep ILIED indemnified against all losses (direct or
indirect), claims, demands, damages, expenses (including attorney's fees) or
liabilities whatsoever arising including but not limited to defamation,
infringement of intellectual property rights, death, bodily injury, property
damage or pecuniary losses howsoever arising out of or in connection with the
User's access to ILIED.com.sg, and any information or services provided by
ILIED.
17. General
. This Agreement shall at all times be governed by all applicable laws of the
Republic of Singapore relating to the Services, including but not limited to,
the Broadcasting and Television Act, Common Gaming House Act, Computer Misuse
Act, Copyright Act, Electronic Transactions Act, Films Act, Indecent
Advertisements Act, Maintenance of Religious Harmony Act, Telecommunication
Authority of Singapore Act, including any regulation(s) made pursuant thereto
and any items and conditions of any license granted to ILIED by the local
Internet Service Provider. ILIED hereby submits to the exclusive
jurisdiction of the Singapore courts.
a. Failure by either party at any time to enforce his(their) rights under any
one or more clauses of the abovementioned terms and conditions of this
Agreement does not mean a waiver or relinquishment of such rights for any
breach of such terms and conditions in future.
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