These General Terms of Use set out below ("Terms") shall apply to each and all our Services in addition to any Broadband Terms and Conditions except to the extent, if any, expressly excluded in the Broadband Terms and Conditions. The Services are provided by Axclusive Pte Ltd (UEN 201332385C) ("COMPANY", "we" or "us") or if applicable, our wholly owned subsidiaries (collectively, the "GROUP"). To subscribe, use and/or access our Services, you must comply with the Terms. Not complying with the Terms may affect your enjoyment of the Services.
1. Definitions and interpretation
1.1 Unless the context requires otherwise
"Content" or "Contents" means any data and/or information that is available, accessible or stored in the Website in an electronic form, including, without limitation, any information, advertisements, documents, text, files, images, sounds, moving images and videos.
"Early Termination Charges" means the charges which are applicable, and to be paid by you for the early or premature termination of the Services prior to the completion of the Service Term in accordance with the Broadband Terms and Conditions.
"Parties" means you and the Company collectively and "Party" means either one of them.
"Services" means any of the broadband services, related value-added services and/or related promotions in the Service Application Form that may be provided by the Company.
"Service Address" means the address you have specified in the Service Application Form for the location of the Services.
"Service Application Form" means the application form, whether on our Website or otherwise provided by the Company to you, to be completed by you, including the type of Services you require, and the description of such Services.
"Service Term" means the minimum period for the Services which you must fulfil in respect of the Services, which shall be set out in the Service Application Form.
"Third Party Charges" means the fees and charges imposed upon us by the Company’s vendors, suppliers, subcontractors, or service providers incurred by us in respect of the Services you have applied for in the Service Application Form.
"Trade Mark" means the trade marks of the Company and/or Group.
"User Account" means the account created by a user in order to access and use the Website, including any Contents and/or Services offered by the Company on or via the Website.
1.2 Unless the context requires otherwise
a. The word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
b. Headings are inserted for convenience and do not affect the interpretation of these Terms.
2. User Accounts
2.1 Access to certain parts of the Website may be restricted to User Account holders. If you apply for a User Account, you are subject to our eligibility criteria (if any) and User Account registration procedures and processes.Additionalconditions of access, notified to you at the time of registration, may be imposed. If we provide you with a User Account, youwill at all timesbe solely responsible for ensuring the proper use of your User Account and formaintainingthe confidentiality of your password and other access codes to your User Account. We reserve the right tomonitorand record all access to and usage of User Accounts. We will treat all activities involving the use of your User Account, password or other access codes as being carried out by you or with your knowledge or authority, and you shall be solely liable and responsible for any activity conducted through your User Account or using your User Account information, unless you have notified us in writing of the closure, compromise or misuse of your User Account and we have received such notification.In the event ofany unauthorized use of your User Account, password or other access codes, your sole remedy is to eitherimmediatelychange your password or other access codes or, if such a change is not possible, request for your User Account to be deactivated. In no event shall the Company or our service providers be liable to any person or entity for any loss or damage arising from your failure tocomply withyour obligations under these Terms.
2.2 We reserve the right at our sole discretion to reject any application for User Account registration and to limit, suspend or deactivate your User Account or any of your rights as a user.
2.3 For the avoidance of doubt, you shall bewholly responsiblefor all transactions executed using the Website and attributable to your User Account.
3. Intellectual Property
You acknowledge that the Company or third parties (as the case may be) own all rights, title and interest in and to the Website and/or the Intellectual Property Rights in the Website, including without limitation any Content located therein and/or software relatingthereto, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. “Intellectual Property Rights” means any and all rights existing from time to time (both current and future) under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world.None of these materials may be copied, reproduced, hyperlinked, uploaded or downloaded without the express written permission of the owner, whether it be the Company or a third party. The Company gives no automatic permission for the use of any such information,materialor Content in any way whatsoever.You further agree not tomodify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwiseattemptto derive source code from the Website. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce anyTrade Mark(s) that are associated with the Company and/or that you have sight of when accessing and using the Website without the prior written consent of the Company.
4. Access and Use of this Website
4.1 You are entitled to access and use the Website in accordance with these Terms.
4.2 You represent and warrant that you shall not:
(i) modify, disassemble, decompile or reverse engineer the Website, including any software therein;
(ii) reproduce or make any copies of the Website and/or any Contents in or on the Website, in whole or in part, including any software therein, except with the prior written consent of the Company;
(iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, including but not limited to any features that:
(a.)are designed to verify the identity of the user;
(b.) prevent or restrict the access to or use of any particular functionalities and/or facilities (b) of the Website;
(c.) prevent or restrict the access to, use of, or the copying of any Content that is made available or accessible through the Website;
(iv) use the Website for any purpose that is unlawful or prohibited by these Terms;
(v) use the Website in any manner that could damage, disable, overburden, or impair the operation of the Website provided therein, or interfere with any other persons’ access to and use of the Website;
(vi) use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Website provided therein and/or to intercept or expropriate any Content, system, data or personal data from the Website; and/or
(vii) transmit any content of any type that: (1) infringes or violates any rights of any party; (2) is false, offensive, defamatory, inaccurate, misleading or fraudulent; and/or (3) violates any applicable law
5. Payment
5.1 Payment for the services offered by the Company may be made via [payment method]. All payments are processed by third party payment serviceprovidersand the Company does notretainor process any such payment information. The Company cannot guarantee the security of anythird partypayment systems or any payment data on the Website.
5.2 Upon your completion of the payment process, a tax invoice will be electronically sent to the email address you have provided to us.In the event thatthe bank cancels or reverses the transaction, the relevant tax invoice issued to you will be considered void.
5.3 Yourepresentandwarrantthat (i) the credit card information you have supplied is true,correctand complete; (ii) all charges incurred will be honoured by your credit card company; and (iii) you shall pay all charges incurred includingany and allapplicable fees.
5.4 Unless otherwise agreed by the Company, all payments made by you are non-refundable, as the Company would have started processing the relevant service upon receipt of payment.
6. Disclaimer
6.1 The Contents are of a general nature and have not been verified,consideredor assessed by the Company. Such Contents are provided for general information only and you shouldseek professional advice at all timesand obtain independent verification of the Contentscontainedhereinbefore making any decision based on any such information or materials. Your use of the Contents is at your own risk.
6.2 The Company does not guarantee,representorwarrantthat this Website is free of malicious software, including, but not limited to, viruses, malicious code, computer worms, Trojan horses,spywareor other harmful components ("Malicious Software"). The Company shall not be liable for any loss, damage, claim, liability,expenseor coststhat may result from any transmission of such Malicious Software via this Website (including, but not limited to, files downloaded from this Website).
6.3 The Website (including all Contents and Servicestherein) are provided on an "as is" and "as available" basis without warranties of any kind. The Company makes no guarantee, representation or warranty as to, and shall bear no liability for, the Website (including all Contents and Services therein), including, but not limited to, guarantees, representations and warranties of any kind, implied, express or statutory regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, freedom from computer virus and other Malicious Software, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law and The Company expressly disclaims liability for any errors in, or omissions from, the Website (including all Contents and Services therein).
6.4 Under no circumstances shall the Company be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your access and use of the Website (including all Contents and Services) even if the Company had been advised as to the possibility.
6.5 In no event shall the Company be liable to you or any other party for any damages, losses, claim, liability, expenses or costs (including legal costs) whatsoever or howsoever (including without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of profits, loss of data, or loss of opportunity) arising in connection with your access and use of this Website, or reliance on any Contents provided at this Website, regardless of the form of action and even if the Company had been advised as to the possibility of such damages.
6.6 Notwithstanding anything that may be to the contrary, no action may be brought by you against the Company under these Terms or in relation to the Website, more than one (1) year after the cause of action arose. For the avoidance of doubt, this limitation shall not apply to claims by the Company against you.
7. Indemnity
You hereby agree to indemnify and hold the Company harmless against all damages, losses, claims, liability, expenses and costs (including legal costs) whatsoever or howsoever suffered or incurred by the Company in connection with or arising from (1) your access and use of this Website, or (2) any other party's access and use of this Website using your User Account, username and/or login password (if any), or (3) your breach of any of these Terms, or (4) any other party's breach of any of these Terms where such party was able to access and use this Website by using your User Account, username and/or login password (if any).
8. Personal Data Protection
We may collect information when you access the Website, or subscribe for the Services which includes anonymous web statistics collected as you browse the Website, and personal information you knowingly provide us. The Website is operated in accordance with our Privacy Policy available [provide link].
9. Withdrawal
9.1 The Company may amend or modify all or part of the Website (including any of its Contents) and these Terms at any time. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website. Your continued access and/or use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
9.2 The Company has the right to and you acknowledge that the Company can: (a) withdraw any information, data or content forming a part of the Website; or (b) immediately suspend, withdraw or terminate:
(i) your User Account (if applicable);
(ii) your access and use of the Website, at any time, without liability and without notice to you or any third party, for any or no reason whatsoever. You shall not hold the Company liable in any way whatsoever for any of the aforesaid. Without limiting the generality of the foregoing, in the event that your access and/or use of your User Account and/or the Website is in breach of these Terms, the Company has the right to immediately terminate your User Account (if applicable) and/or your access and use of the Website without notice to you, and to take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal action against you.
9.3 Any termination or suspension of your User Account (if applicable) shall not entitle you to receive any compensation in respect of the termination
10. Miscellaneous
10.1 These Terms constitute the entire agreement between you and us with respect to your access and use of this Website and shall supersede and replace all prior and contemporaneous communications or agreements on the subject, if any.
10.2 If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
10.3 No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.
10.4 The rights to access and use your User Account (if applicable) and/or this Website is personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms. The Company may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
10.5 These Terms are entered into between you and the Company. For the avoidance of doubt, except as expressly stated in these Terms, a person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of these Terms.
11. Governing Law and Jurisdiction
By accessing and using this Website, you agree that such access and use, as well as these Terms shall be governed by and construed in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore courts.