1. ACCEPTANCE OF TERMS
Alliance Consultancy Services Pte Ltd ("we" and "us", as the
case may be) provides the Service (as defined below) to you,
subject to the following Terms of Service ("TOS"), which may be
updated by us in our sole discretion from time to time 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 TOS. In addition, when
using Alliance Consultancy Services or third party services, you
and us (or the relevant third party, where applicable) shall be
subject to any posted guidelines or rules applicable to such
services which may be posted (whether by us or the relevant
third party, if any) from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
We currently provide users with access to a collection of
products and services (the "Service"). The Service (or parts of
it) may be available via the World Wide Web, mobile telephone or
communications services (such as SMS (Short Message Service)),
and/or other Internet or telecommunications services or
protocols (such as WAP (Wireless Application Protocol))
(collectively, the "Channels"). Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new services, shall be subject
to the TOS. You understand and agree that the Service is
provided "AS-IS" and that we assume no responsibility for the
timeliness, currency, deletion, mis-delivery or failure to store
any user communications or personalization settings.
In order to use the Service, you must obtain access to the
Service through the relevant Channel(s), either directly or
through devices that access online and electronic content and/or
services, and pay any fees associated with such access in
accordance with the applicable payment terms. Such fees and
payment terms may be changed from time to time, and such changes
will be notified to you, whether by email or by notices or links
to notices on the Service or by other appropriate means. You
acknowledge that certain parts of the Service are available only
via certain Channels. You also acknowledge that we are not
responsible or liable in any way for your access to the Service
or your use of any Channels.
In addition, you must provide all equipment necessary to use the
relevant Channel, including a computer and modem, mobile
telephone or other appropriate access device, and you must pay
any fees applicable to the use of such Channel. You acknowledge
that you are solely responsible for the set-up, configuration or
compatibility of the hardware, software and other equipment used
by you for obtaining access to the Service by any Channel
whatsoever. If any alteration in the whole or any part of
Service requires changes in your hardware, software or other
equipment, you must effect these changes at your own expense. We
will inform you of any such alterations in the Service in
advance, whether by email or by notices or links to notices on
the Service or by other appropriate means.
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 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
has provided you with the product or service pursuant to your
order.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of the Service being made available to you, you
agree to: (a) provide true, accurate, current and complete
information about yourself. 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 have the right to
suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof) without
any liability to you.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)
immediately notify us of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. We cannot
and will not be liable for any loss or damage arising from your
failure.
5. MEMBER CONDUCT
You understand and acknowledge that all information, data, text,
software, music, sound, photographs, graphics, video, messages
or other materials ("Content"), whether publicly posted or
privately transmitted via the Service, are the sole
responsibility of the person from which such Content originated.
This means that you, and not us, are entirely responsible for
all Content that you upload, post, email or otherwise transmit
via the Service. We cannot and do not control or monitor the
Content posted via the Service and, as such, cannot and do not
guarantee the accuracy, integrity or quality of such Content.
You understand and acknowledge that by using the Service, you
may be exposed to Content that is offensive, indecent or
objectionable. 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 or
objectionable Content, any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed or otherwise transmitted
via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise make available or transmit
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, or falsely state or otherwise misrepresent your
affiliation with, any person or entity, including, but not
limited to, a Chartered official, guide or host;
d. forge headers or otherwise manipulate identifying information
in order to disguise and/or with the effect of disguising the
origin of any Content transmitted through the Service;
e. upload, post, email or otherwise make available or transmit
any Content that you do not have a right to transmit 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 or otherwise make available or transmit
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
g. upload, post, email or otherwise make available or transmit
any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation.
h. upload, post, email or otherwise make available or transmit
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 any Channels or servers or networks connected
to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service or
applicable to any Channels;
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 person;
m. collect or store personal data about any other user; or
n. commit any fraudulent or unlawful act, whether in relation to
any third party provider of products and services on the Service
or otherwise.
You acknowledge that we cannot and do not pre-screen Content,
but that we and our designees shall have the right (but not the
obligation) in our sole discretion to 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 violates the
TOS or 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 and will evaluate,
and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content.
You acknowledge and agree that we may in our sole discretion
preserve any Content, and disclose any Content if required to do
so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of us, 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) modifications to
conform and adapt to technical requirements of connecting
networks or devices.
Where any part of the Service involves or is provided by us in
conjunction with a third party, you agree to comply with any
notices, instructions or directives given by such third party in
relation to such part of the Service, including your access to
or use thereof.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all applicable laws, statutes, regulations, rules
and codes regarding online conduct, acceptable Content and use
of the relevant Channels.
7. INDEMNITY
You agree to indemnify and hold us, and our licensors,
suppliers, vendors, parent, holding, subsidiary and related
companies, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand,
including reasonable legal fees, made by any third party due to
or arising out of Content you submit, post to, transmit or make
available through the Service, your use of the Service, your
connection to the Service, your use of any Channels, your
violation of the TOS, your violation of any rights of any other
person, or your breach of any applicable law.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may in our sole discretion establish
general practices and limits concerning use of the Service,
including without limitation the manner in which the Service may
be used, the maximum number of days that email or other
messages, message board postings or other uploaded Content will
be retained by the Service, the maximum number of email or other
messages that may be sent from or received by an account on the
Service or transmitted through the Service, the maximum size of
any email or other message that may be sent from or received by
an account on the Service, the maximum disk space that will be
allotted on our servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that we have no
responsibility or liability for the deletion of or failure to
store any messages and other communications or other Content
maintained or transmitted by or made available through the
Service. You acknowledge that we reserve the right to terminate
and/or delete accounts that are inactive for an extended period
of time. You further acknowledge that we reserve the right to
modify these general practices and limits at any time, in our
sole discretion, with or without notice, and you agree that your
continued use of the Service after such modification will
constitute your acceptance of and agreement to be bound by the
modified general practices and limits.
10. MODIFICATIONS TO SERVICE
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, for any reason whatsoever,
whether generally or limited to you only. You agree that we
shall not be liable in any way to you or to any third party for
any modification, suspension or discontinuance of the Service.
11. TERMINATION
You agree that we, in our sole discretion, may terminate your
password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if we
in our sole opinion believe that you have violated or acted
inconsistently with the letter or spirit of the TOS. You agree
that we may in our sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without
notice, whether for selected or all Channels. You also agree
that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and
acknowledge and agree that we may in our sole discretion
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that we
shall not be liable in any way to you or any third-party for any
termination of your access to the Service.
12. DEALINGS WITH THIRD PARTIES
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 parties. Where these products and
services of third parties form part of the Service, we will
endeavour, but are not obliged to, indicate that these products
and services are provided by third parties. In all cases, your
correspondence or business dealings with, or participation in
promotions of, other parties found on or through the Service
(including without limitation providers of products and
services, advertisers and other users of 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 third party, even
where it is in relation to any products or services that are
co-branded with us which may include our trademarks. You agree
that we shall not be responsible or liable in any way for any
loss or damage of any sort incurred as the result of any such
dealings with any third parties, as the result of the presence
of such third parties on the Service, or as the result of the
use of the Service in any way by such third parties.
13. LINKS
The Service may provide, or third parties may provide, links to
other online and electronic sites or resources. You acknowledge
and agree that we have no control over such sites and resources,
and that we are therefore 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 in any way 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.
14. CHARTERED ALLIANCE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by us or advertisers,
you agree not to modify, adapt, rent, lease, loan, sell,
distribute or create derivative works based on the Service, the
Software or the Content (excluding Content owned by you), in
whole or in part.
We grant to you a personal, non-transferable and non-exclusive
right and licence to use the object code of our Software on a
single computer; provided that you do not (and do not allow any
third party to) copy, modify, adapt, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by
any means other than through the interface that is provided by
us for use in accessing the Service.
15. 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
LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY AND
RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES
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 LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING,
SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS
AND EMPLOYEES 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 RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM, MOBILE TELEPHONE OR OTHER ACCESS DEVICE OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. 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 TOS (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).
16. EXCLUSION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR LICENSORS,
SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY AND RELATED
COMPANIES, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES SHALL NOT
BE LIABLE 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, HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY GOODS OR
SERVICES OBTAINED OR DISPOSED OF OR MESSAGES SENT OR RECEIVED
USING THE SERVICE OR (vi) ANY OTHER MATTER RELATING TO THE
SERVICE. NOTHING IN THIS TOS 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.
17. DISCLAIMERS AND EXCLUSIONS
YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY
SET FORTH IN SECTIONS 15 AND 16 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.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
You acknowledge that Sections 15 and 16 are particularly
applicable to services, news, messages, alerts or other
information from the Service concerning companies. You also
acknowledge that the Service is provided for informational
purposes only, and that no Content included in the Service is
intended for trading or investing purposes. You agree that you
are solely and absolutely responsible for all trading or
investment decisions made by you. You further agree that we
shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted via the Service,
and shall not be responsible or liable for any trading or
investment decisions made based on such information.
19. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you
generally 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.
20. COPYRIGHTS and COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been
copied in a way that constitutes copyright, trade mark or other
intellectual property infringement, please provide our Copyright
Agent with the following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the intellectual property
interest;
- a description of the intellectual property right that you
claim has been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the intellectual property
right owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the intellectual property right owner or authorized to act on
the intellectual property right owner's behalf.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and us and
govern your use of the Service, superseding any prior
understandings and agreements between you and us and any
previous statements or representations from either party to the
other party. The TOS do not apply to any affiliate services,
third-party content or third-party software that does not or
cannot reasonably be deemed to form part of the Service which
may be provided to you by our licensors, suppliers, vendors,
parent, holding, subsidiary or related companies, other
affiliates or other third parties, which may be subject to
additional terms and conditions imposed by that party. For the
avoidance of doubt, except to the extent provided in Section 24,
you and us are the only parties to the TOS. The TOS and the
relationship between you and us shall be governed by the laws of
Singapore without regard to its conflict of law provisions. You
and we agree to submit to the non-exclusive jurisdiction of the
courts of Singapore. Our failure to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS 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 that
the other provisions of the TOS shall remain in full force and
effect. 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 TOS must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to our services@alliance-consultancy.com.sg. |
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