PROMEDUSA USER TERMS AND CONDITIONS
Welcome to PROMEDUSA! Please read the following Terms and Conditions
carefully (including the terms and conditions available by hyperlink and our privacy
policy (collectively “User Conditions”) before using this Site and the Service (both
defined below), so that you are aware of your legal rights and obligations with
respect to ProMedUSA Pte Ltd and its related entities, affiliates and subsidiaries
(individually and collectively, “PROMEDUSA”).
By accessing this Site and using the Service, you hereby agree to be legally bound
by these User Conditions. If you do not accept these User Conditions, please leave
the Site and discontinue use of the Service immediately.
1. Agreement
1.1 You hereby represent and warrant that:
(i) you have read and agree to these User Conditions and our privacy policy;
(ii) you are at least 21 years old and have the necessary legal capacity, right, power and authority to agree to these User Conditions;
(iii) you are authorized to bind the entity (yourself or your company) on whose behalf you are accessing this Site or using the Services and such
entity agrees to be bound by these User Conditions; and
(iv) all of the information provided by you to PROMEDUSA (including without
limitation personal particulars and contact information) is accurate and
complete.
1.2 PROMEDUSA reserves the right to change, modify, suspend or
discontinue the whole or any portion of the Service or Site at any
time. PROMEDUSA may also impose limits on certain features or restrict
your access to parts or the entire Service or Site without notice or liability.
1.3 PROMEDUSA may from time to time vary or amend these User
Conditions by posting the amended User Conditions at this Site. Any use of
the Service after the amendment of these User Conditions will be deemed to
be acceptance of the amended User Conditions by you. If you do not agree
to the amended User Conditions, you have the right to close your Account
and/or cease using the Services.
2. Definitions
2.1 “Account” means a registered account of a Member opened under this
Site.
2.2 “Agreement” means the agreement formed by these User Conditions,
and in the case of a Member, by these User Conditions and the Member
Conditions.
2.3 “Computer” means your personal computer, notebook computer,
personal digital assistant, mobile phone or other electronic device used to
access this Site or the Services.
2.4 “Content” means materials, information, news, advertisements, listings,
data, input, text, songs, audio, video, pictures, graphics, software, blogs,
webcasts, podcasts, broadcasts, messages, software, comments,
suggestions, ideas and other content.
2.5 “Link Sites” is defined in Clause 8.1.
2.6 “Member” means a registered member of the Site.
2.7 “Member Conditions” means the terms and conditions applicable to
Members accessible here.
2.8 “Servers” means the computer software, systems and servers hosting,
operating, managing, providing or contributing to the Site and the Services.
2.9 “Service” is defined in Clause 3.2.
2.10 “Site” means the PROMEDUSA website currently located at
http://www.ProMedUSA.us and includes without limitation the following
websites:
(i) www.kozakasia.com
(ii) www.lexolasia.com
(iii) www.ProMedUSA.us
(iv) www.popoliciouspopcorn.com
(v) www.ozoneair.com and
vi) and any other PROMEDUSA proprietary website which PROMEDUSA
may from time to time include within the PROMEDUSA family of websites.
2.11 “PROMEDUSA Content” means all Content of PROMEDUSA that is
made available on or via this Site.
2.12 “Third Party Products” means products and services of third parties
advertised on or available at the Site or websites linked from the Site.
2.13 “User Content” means all Content on this Site which is created,
transmitted, posted or uploaded by a user of the Site.
3. Site and Service
3.1 The Site is owned and maintained by PROMEDUSA.
3.2 PROMEDUSA may offer the following services on or through the Site
(each a “Service” and collectively the “Services”):
(i) access to a collection of information, data, text, listings, graphics, images,
videos, audio files, podcasts, webcasts and other types of works;
(ii) search engines or tools;
(iii) a platform to create, upload and publicly make available personalised
content;
(iv) an advertising and branding platform;
(v) message boards, forums, blogs, communication tools;
(vi) email alerts; and
(vii) any other features, content or applications that PROMEDUSA may offer
at the Site from time to time in its sole discretion.
3.3 You acknowledge and agree that to access and use certain Services, you
will be required to register as a Member and additionally shall be bound to
strictly comply with the Member Conditions in addition to these User
Conditions.
4. User’s Obligations
4.1 You shall not reproduce, modify, translate, publish, display, distribute,
sell, trade or exploit for any commercial or other purposes, any portion of, or
any access to:
(i) any Service;
(ii) the Site; or
(iii) any PROMEDUSA Content except with the prior written consent of
PROMEDUSA; or
(iv) any User Content except with the prior written consent of PROMEDUSA
and the owner of the specific User Content, unless you are the sole owner of
the specific User Content.
4.2 Notwithstanding Clause 4.1, you may reproduce the PROMEDUSA
Content for purposes of non-commercial usage provided that such use
constitutes fair dealing under the Singapore Copyright Act (Cap. 63).
4.3 Without prejudice to the generality of Clause 4.1, you agree not to
reproduce, display or otherwise provide access to the Service,
PROMEDUSA Content, or User Content on another website or server, for
example through framing, mirroring, linking or any other technological means
(including any technology available in the future), without the prior written
permission of PROMEDUSA.
4.4 You also hereby undertake:
(i) to comply with these User Conditions, and such other notices or
guidelines that may be posted on the Site by PROMEDUSA from time to time
(which are hereby incorporated by reference into these User Conditions);
(ii) not to use any Service or PROMEDUSA Content for any unlawful
purpose, and shall comply with all applicable laws and regulations, including
without limitation, copyright law;
(iii) not to hack into, interfere with, or disrupt the Site, Services or Servers;
and
(iv) not to use the Account of another Member at any time, whether with or
without his/her permission.
4.5 You acknowledge that the Site and Services are used by a community of
users, and you hereby agree and undertake:
(i) to treat all users with respect and civility;
(ii) not to annoy, pester, solicit, harass, threaten, offend, insult, abuse,
defame, or injure any other users, or commit any unlawful or tortuous acts
against other users;
(iii) not to spam, mail bomb, send viruses, worms or other damaging material
to other users, or act in any manner that adversely affects the use of the
Service by other users;
(iv) not to harvest or otherwise collect information about users, including
email addresses, without PROMEDUSA’s prior written consent.
4.6 Any infringing, fraudulent, abusive, or otherwise illegal activity shall be
grounds for termination of your use of the Site and Services and/or your
Account, at PROMEDUSA’s sole discretion, and you may be reported to
appropriate law-enforcement agencies.
4.7 Without prejudice to PROMEDUSA’s rights of termination under Clause
10, PROMEDUSA reserves the right to terminate your Account and/or your
access to all or any part of the Site or Services if you are in breach of any of
these User Conditions or if PROMEDUSA believes that you have been using
any of the Services for unlawful activity.
5. Privacy
5.1 Your privacy is very important to us at PROMEDUSA. Please read our
privacy policy which explains our privacy practices in detail.
6. Use of PROMEDUSA Content
6.1 All PROMEDUSA Content is the copyrighted work of PROMEDUSA or its
content or software providers, and PROMEDUSA reserves and retains all
rights in the PROMEDUSA Content. Use of some PROMEDUSA Content
may be governed by the terms of an accompanying end user license
agreement. You will not be able to download or install any PROMEDUSA
Content that is accompanied by or includes an end user license agreement
unless you agree to the terms of such end user license agreement. If you do
not agree to such terms, you will not be able to use the PROMEDUSA
Content.
6.2 You may not decompile, reverse engineer or otherwise attempt to
discover the source code of any PROMEDUSA Content available on the Site
or through a Service except under the specific circumstances expressly
permitted by law.
7. Disclaimers & Limitations
7.1 While we make every effort to ensure that all PROMEDUSA Content
displayed on the Site is accurate and complete, we provide the
PROMEDUSA Content for informative purposes only and on an ‘as is’, ‘as
available’ basis only and without warranties of any kind either express or
implied. To the fullest extent permissible pursuant to applicable law,
PROMEDUSA disclaims all warranties, express or implied, including, but not
limited to, implied warranties of satisfactory quality, merchantability or fitness
for a particular purpose, compliance with description, or the warranty of noninfringement.
Without limiting the foregoing, PROMEDUSA does not warrant
that the functions contained in or access to the Site, Services, PROMEDUSA
Content or other content will be timely, uninterrupted or error-free or without
omission, that defects will be corrected, or that the Site, Services,
PROMEDUSA Content or the Servers are free of viruses or other harmful
components, or that the download, installation or use of any PROMEDUSA
Content in or with any Computer will not affect the functionality or
performance of the Computer. PROMEDUSA does not warrant or make any
representations regarding the use or the results of the use of the
PROMEDUSA Content, the Service, the Site or the Servers in terms of their
correctness, accuracy, completeness, reliability, or otherwise. You (and not
PROMEDUSA) assume the entire cost of all necessary servicing, repair, or
correction, including any defect, problem or damage in any Computer. You
agree not to hold PROMEDUSA liable for the loss of any of your User
Content that is due to any circumstances beyond the reasonable control of
PROMEDUSA.
7.2 The data and information made available on the Site are of a general
nature and do not purport, and shall not in any way be deemed, to constitute
an offer or provision of any professional or expert advice. You should at all
times consult a qualified expert or professional adviser to obtain advice and
independent verification of the information and data contained herein before
making any decision.
7.3 You acknowledge that it is not PROMEDUSA’s policy to exercise editorial
control over, and to review, edit or amend any data, information, materials or
contents of any User Content, posting, email or any information that may be
inserted or made available on the Site by other users of the Services and that
PROMEDUSA does not endorse and shall not be responsible for any such
content.
7.4 You acknowledge and agree that PROMEDUSA does not endorse or
recommend, is not an agent, reseller or distributor of, and has no control over
Third Party Products, and PROMEDUSA hereby expressly disclaims all
liabilities and responsibilities arising in relation to any Third Party Products.
7.5 You agree that all statements, offers, information, opinions, materials,
User Content, and Third Party Products, from other users and from
advertisers and other third parties on this Site should be used, accepted and
relied upon only with care and discretion and at your own risk, and
PROMEDUSA shall not be responsible for any loss, damage or liability
incurred by you arising from such use or reliance.
7.6 You also acknowledge and agree that some Services may enable other
users to upload User Content to the Site, and that some of these may be
offensive, annoying, unlawful, in breach of these User Conditions, contain
viruses or cause you damage. While we will remove any such User Content
brought to our notice, you acknowledge and agree that we cannot be
responsible or liable for any User Content, and you agree to exercise access
and use User Content only at your own risk and with care and discretion.
7.7 You agree that:
(i) PROMEDUSA shall be entitled at any time, at its sole discretion and
without prior notice, to add to, vary, terminate, withdraw or suspend the
operation of the whole or any part or feature of the Site or Services without
assigning any reason; and
(ii) access to or the operation of the Site, Servers and/or the Services may
from time to time be interrupted or encounter technical or other problems and
may not necessarily continue uninterrupted or without technical or other
errors, and in any such event, PROMEDUSA shall not be liable for any loss,
liability or damage which may be incurred as a result.
7.8 In no event shall PROMEDUSA be liable to you for any damages, losses,
expenses, liabilities under any causes of action (whether in contract or tort
including, but not limited to negligence, or otherwise) caused through the use
of, or the inability to use, the PROMEDUSA Content, User Content, Services,
Third Party Products, any Computers, the Site, or any other website. In the
event that PROMEDUSA is liable for damages despite the foregoing
provision, you agree that ProMedUSA’s aggregate liability to you for any and
all causes of action in relation to the PROMEDUSA Content, Services, Site,
and the Agreement, shall not exceed SGD$100.
7.9 Under no circumstances, including, but not limited to, negligence, shall
PROMEDUSA be liable for any indirect, special, consequential, or incidental
damages that result from the use of, or the inability to use, the PROMEDUSA
Content, Services, Site, or any other website, even if PROMEDUSA or a
PROMEDUSA authorized representative has been advised of the possibility
of such damages.
7.10 You agree that the above exclusions and limitations of liability enable
the Services and the PROMEDUSA Content to be provided by
PROMEDUSA at either reasonable costs or no costs to you.
8. Links
8.1 PROMEDUSA may provide links to other sites that may be of relevance
and interest to users (“Link Sites”). PROMEDUSA has no control over, and is
not responsible for the content on the Link Sites or for any damage you may
incur from the Link Sites (including any virus, worms errors or harmful
components contained in the Link Sites) or the availability of any content on
the Link Sites, and you hereby irrevocably waive any claim against us with
respect to the Link Sites. Some of these Link Sites may provide you with
opportunities to purchase Third Party Products. We do not endorse any of
the Third Party Products nor do we make any representations or warranties
in connection with any Third Party Products.
9. Intellectual Property
9.1 The copyright, patents and all intellectual property rights in the Services,
the Site, and all PROMEDUSA Content, including without limitation the
copyright in the compilation of all User Content, shall vest in and remain with
PROMEDUSA.
9.2 The trademarks, logos and service marks (“Marks”) displayed on this Site
are the property of PROMEDUSA or other third parties, and all rights to the
Marks are expressly reserved by PROMEDUSA or relevant third parties. You
are not permitted to use the Marks without the prior written consent of
PROMEDUSA or such third party. Without limiting the generality of the
above, “PROMEDUSA”, “PROMEDUSA.com”, “PROMEDUSA.com logo”,
“CATS logo”, and “ProMedUSA logo” are trademarks of ProMedUSA Ltd.
9.3 If you have any questions or concerns about these User Conditions or
any issues raised in these User Conditions or on the Site, please contact us.
Our contact details are available on the Contact Us page.
10. Termination
10.1 You agree that PROMEDUSA has the right in its sole discretion and
without notice to restrict, suspend, or terminate your Account and/or your
access to all or any part of the Site or Services, without assigning any
reason.
11. Notification of Infringement
11.1 PROMEDUSA will investigate notices of copyright, trademark and other
intellectual property infringement (“Infringement”) in respect of PROMEDUSA
Content, User Content and other material on the Site (“Infringing Material”)
and take appropriate action. If you believe that your work has been used or
copied in a way that constitutes Infringement and such Infringement is
occurring on this Site, please notify PROMEDUSA in writing immediately in
the form and containing the information prescribed by the Singapore
Copyright Act (Cap. 63) (“Infringement Notice”).
11.2 All Infringement Notices shall be sent to PROMEDUSA addressed as
follows:
ProMedUSA Pte Ltd
Communications Director
195 Pearl’s Hill Terrace, Suite 03-14
Singapore 168976
Email: sales@promedusa.us
11.3 PROMEDUSA will in response to all Infringement Notices submitted in
the above manner remove the Infringing Material from the Site. In return,
you agree that you shall not take any legal action against PROMEDUSA in
respect of any Infringing Material, unless you have first given PROMEDUSA
the Infringement Notice and sufficient opportunity to remove the Infringing
Material, and thereafter PROMEDUSA refuses or fails to remove the
Infringing Material within a reasonable time. Where PROMEDUSA removes
the Infringing Material in response to your Infringement Notice, you agree not
to exercise and you hereby waive, any right of action against PROMEDUSA
under applicable law which you may have in respect of any Infringing
Material appearing on the Site prior to such removal by PROMEDUSA.
11.4 You acknowledge and agree that PROMEDUSA has no control and
cannot undertake responsibility or liability in respect of Infringing Material
appearing on Link Sites or other third party sites.
12. Jurisdictional Issues
12.1 This Site is owned and operated by PROMEDUSA. PROMEDUSA
makes no representation that the Contents of the Site are appropriate or
available for use in your location. Those who choose to access this Site from
any location do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
13. Indemnity
13.1 You agree to indemnify and hold PROMEDUSA, and its subsidiaries,
affiliates, officers, agents, partners, and employees, harmless from all claims,
demands, actions, proceedings, liabilities (including statutory liability and
liability to third parties), penalties, and costs (including without limitation,
legal costs on a full indemnity basis), awards, losses and/or expenses, due to
or arising out of:
(i) your use of the Site or any Services;
(ii) your connection to the Site;
(iii) your breach of any terms and conditions of these User Conditions; or
(iv) your violation of any rights of another person or entity.
14. Severability
14.1 If any provision of these User Conditions is found to be illegal, void or
unenforceable under any law that is applicable hereto or if any court of
competent jurisdiction in a final decision so determines, these User
Conditions shall continue in force save that such provision shall be deemed
to be deleted.
15. Relationship of Parties
15.1 Nothing in these User Conditions shall constitute or be deemed to
constitute an agency, partnership or joint venture between PROMEDUSA
and you and neither party shall have any authority to bind the other in any
way.
16. Waiver
16.1 A failure by PROMEDUSA to exercise or enforce any rights conferred
upon it by these User Conditions shall not be deemed to be a waiver or
variation of any such rights or operate so as to bar the exercise or
enforcement thereof at any subsequent time or times.
17. Rights of Third Parties
17.1 Except as provided for in Clause 13, a person or entity who is not a
party to this Agreement shall have no right under the Contracts (Rights of
Third Parties) Act (Cap. 53B) to enforce any term of this Agreement,
regardless of whether such person or entity has been identified by name, as
a member of a class or as answering a particular description.
18. Force Majeure
18.1 No party shall be liable for any failure to perform its obligations under
this Agreement if the failure results from a Force Majeure Event (defined
below), provided always that whenever possible, the affected party will
resume that obligation as soon as the Force Majeure Event occasioning the
failure ceases or abates.
18.2 For purposes of this Agreement, a “Force Majeure Event” is an event
which is a circumstance or event beyond the reasonable control of a party
which affects the general public in that party’s country or in the territory, and
which results in the party being unable to observe or perform on time an
obligation under this Agreement. Such circumstance or event shall include
industrial action or labour disputes, civil unrest, war or threat of war, criminal
or terrorist acts, government action or regulation, telecommunication or utility
failures, power outages, fire, explosion, natural physical disasters, epidemic,
quarantine restrictions, and general failure of public transport.
19. Governing Law & Jurisdiction
19.1 These User Conditions and all matters relating to your access to, or use
of, this Site and the Service shall be governed by and construed in
accordance with the laws of Singapore, without giving effect to any principles
of conflicts of law.
19.2 You hereby submit to the jurisdiction of the Singapore courts.
PROMEDUSA MEMBER TERMS AND CONDITIONS
By clicking on the “I Accept” button or checking the “I Accept” box at the end of this
Account registration process, you hereby agree to be bound by the following terms
and conditions (“Member Conditions”) as well as the PROMEDUSA User Terms
And Conditions (“User Conditions”) which are hereby incorporated by reference into
these Member Conditions:
1. Definitions
1.1 All capitalised terms are defined in the User Conditions, unless
specifically defined herein.
2. User Name, Password, Account Information
2.1 You agree that your Account is for your sole, personal use (or that of the
entity on whose behalf you are entering into these Member Conditions). You
hereby agree not to:
(i) share with or permit others to use your Account; or
(ii) assign or otherwise transfer your Account to any other person or entity.
2.2 You shall provide PROMEDUSA with accurate, complete, and up-to-date
Account information. Failure to do so shall constitute a breach of these
Member Conditions, which may result in immediate termination of your
Account.
2.3 As part of the registration process for the Account, you will select a
password (“Password”) and user name (“User Name”). You may not:
(i) select or use a User Name of another person with the intent to
impersonate that person;
(ii) use a name subject to the rights of any other person without
authorization; or
(iii) use a User Name that PROMEDUSA, in its sole discretion, deems
inappropriate or offensive.
2.4 You shall promptly notify PROMEDUSA of any known or suspected
unauthorized use(s) of your Account, or any known or suspected breach of
security, including loss, theft, or unauthorized disclosure of your Password.
You shall be solely responsible for safeguarding and maintaining the
confidentiality of your User Name and Password.
2.5 You shall be bound by and responsible for, and PROMEDUSA shall be
entitled to rely on, all communications transmitted through the use of your
User Name and Password, and all such communications shall be deemed to
be communications made and issued by you.
2.6 You shall be responsible for all User Content, messages, and all online
activity at the Site transmitted or conducted through the use of your User
Name and Password.
2.7 PROMEDUSA shall have no responsibility or liability for any loss,
damage, cost, expenses, or liabilities arising as a result of or in connection
with the wrongful or fraudulent use of your User Name and Password.
2.8 In addition to and without limiting the terms of our privacy policy, by
providing the information requested for your Account, you hereby consent to
the use and disclosure of all such information for the purpose of:
(i) responding to your requests and queries;
(ii) providing the Service to you;
(iii) enforcing these Member Conditions;
(iv) complying with law, the requests of law enforcement and regulatory
officials, or orders of court.
2.9 You undertake to keep your Account information updated at all times
such that it is accurate, current and complete. To change or update your
Account information, please login to PROMEDUSA and access My Profile.
2.10 You agree that PROMEDUSA reserves the right to change or re-assign
User Names and/or Password(s) at its sole discretion by giving you notice,
without liability.
3. Suspension and Termination of Account
3.1 You agree that PROMEDUSA has the right in its sole discretion and
without notice to:
(i) restrict, suspend, or terminate your access to all or any part of the
Service; and/or
(ii) terminate, deactivate or suspend your Account, delete your Account and
all related information and files in your Account, without assigning any
reason. Without prejudice to the generality of the above, PROMEDUSA
reserves the right to deactivate your Account if it has been inactive for a
period of six (6) months or more, or if you are in breach of any of our User
Conditions or these Member Conditions or if PROMEDUSA believes that you
have been using the Account for unlawful activity.
3.2 You agree not to hold PROMEDUSA liable or responsible for any loss or
damage incurred by you arising out of or in connection with the suspension
and/or termination of your Account.
4. Member Obligations
4.1 You represent and warrant that you have read and agree to be bound by
our User Conditions and these Member Conditions.
4.2 You agree that when using the Service:
(i) you will only submit, upload or publish User Content in strict compliance
with Clause 5 below;
(ii) you will not offer for sale items which are illegal, banned, unlicensed, or
controlled items;
(iii) you will not submit, upload or publish any advertisement or other User
Content which is inaccurate, misleading, fraudulent, or illegal;
(iv) you will not offer for sale items, or submit, upload or publish User
Content, in an incorrect or inappropriate category or area on the Site,
including without limitation posting unauthorized advertisements in any
forum, discussion or message boards that is open and accessible to users of
the Service; and
(v) you will not alter, delete, manipulate, undermine or interfere with the
listings of any other Member, including the description, price and images
displayed.
4.3 You agree to indemnify and hold PROMEDUSA, and its subsidiaries,
affiliates, officers, agents, partners, and employees, harmless from all claims,
demands, actions, proceedings, liabilities (including statutory liability and
liability to third parties), penalties, and costs (including without limitation,
legal costs on a full indemnity basis), awards, losses and/or expenses, due to
or arising out of:
(i) any advertisements or User Content placed by you;
(ii) your use of any Services;
(iii) your breach of warranty, or breach of any terms and conditions of these
Member Conditions; or
(iv) your misrepresentation, fraudulent acts, tortious acts, breach of contract,
or violation of any rights of another person or entity.
5. User Content & Licence
5.1 Please exercise respect when participating in the any community feature
on the Service which permits you to upload or submit Content.
5.2 You may not submit, upload or publish through PROMEDUSA any User
Content that are libellous, defamatory, threatening, pornographic, an invasion
of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal,
political, racist, religious, blasphemous, offensive, false, misleading, an
infringement of any intellectual property rights of a third party, or would
otherwise violate or encourage the violation of any law (including the Official
Secrets Act (Cap.213)) or the proprietary or other rights of any third party
(individually and collectively “Improper Works”). Furthermore, you may not
submit or publish User Content that solicit funds, or include programs that
contain viruses, Trojan horses, worms, time bombs or any other programs
designed to impair the operation and functionality of the Site, Service,
Servers, or any computer.
5.3 If, at any time you upload or post User Content to the Site you
automatically:
(i) grant PROMEDUSA, its affiliates, subsidiaries and subcontractors
(including its Internet content hosting servers and delivery networks) a nonexclusive,
royalty-free, irrevocable, perpetual and worldwide licence to use
(including without limitation, to reproduce, modify, distribute, publicly display,
transmit, webcast, or broadcast) the User Content for or in connection with
the provision of the Service (including for marketing and promotional
purposes);
(ii) represent and warrant that:
(a) all User Content are your own original works and creations and do not
and will not infringe the copyright or any other intellectual property or other
rights of any third party;
(b) none of the User Content are Improper Works, nor will they expose
PROMEDUSA to any civil or criminal proceedings in any part of the world;
and
(c) the use by PROMEDUSA and other users for the purposes and in the
manner set out in this Clause 5.3, and the hosting of the User Content on the
Servers by PROMEDUSA will not require any further licences from, or
infringe any intellectual property or other rights of, any third party.
5.4 PROMEDUSA at all times retains the sole discretion to remove or decline
to accept any User Content from the Site without assigning any reason
whatsoever. Without limiting the foregoing right, PROMEDUSA may monitor
the Site for Improper Works (but is not obliged to do so) and reserves the
right to remove any User Content which PROMEDUSA believes are
Improper Works, or which is the subject of any dispute.
5.5 PROMEDUSA may in its sole discretion lift the restriction or suspension
of your access to the Site, Service or Account, if PROMEDUSA is satisfied
that the User Content no longer constitutes Improper Works or is the subject
of any dispute. If full payment was received by PROMEDUSA for the display
of such removed User Content, PROMEDUSA will restore such paid User
Content on to the Site until the remaining term for its display expires. For the
avoidance of doubt, PROMEDUSA shall not be obliged to extend the term for
the display of paid User Content, for the time period that such User Content
was removed from the Site. In the event that PROMEDUSA fails to restore
the paid User Content for whatsoever reason, you agree that PROMEDUSA
shall only be liable to refund the amounts paid for the display and publication
of such User Content, on a pro-rated basis for the remaining and unexpired
term for its display.
5.6 You agree to indemnify and hold PROMEDUSA, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from all claims, demands, actions, proceedings, liabilities (including
statutory liability and liability to third parties), penalties, and costs (including
without limitation, legal costs on a full indemnity basis), awards, losses
and/or expenses, due to or arising out of User Content you submit, post to or
transmit through the Site or Service.
5.7 The copyright and intellectual property rights in all pre-existing User
Content which belong to you prior to uploading on this Site shall be retained
by you, subject to the licences granted by you under these Member
Conditions (including under Clause 5.3), and subject to PROMEDUSA’s
rights in the compilation of all User Content.
5.8 The copyright and intellectual property rights in any and all new content
created by you using the Service shall be owned by PROMEDUSA, and you
hereby assign all such content to PROMEDUSA.
6. Use of Services
6.1 General
You acknowledge and agree that:
(i) Some Services are subject to further terms and conditions or the
execution of a separate contract between PROMEDUSA and yourself.
(ii) PROMEDUSA shall be entitled at any time, at its sole discretion and
without prior notice, to:
(a) add to, vary, terminate, withdraw or suspend the whole or any part or
feature of any Service; and/or (b) add new Services.
(iii) Where new Services are added, these Member Conditions and the User
Conditions will also apply to such new Services.
(iv) PROMEDUSA does not endorse or recommend and has no control over
any advertiser, or any job, position, appointment or job seeker appearing on
the Service, and you agree and undertake to use your own judgment and
discretion in responding to or accepting any offer made via the Service.
You hereby agree to irrevocably waive any claim or right of action that you
may have against PROMEDUSA under applicable law, in relation to any acts
or omissions of any Third Party.
7. Evidence
7.1 You hereby agree that:
(i) All records of PROMEDUSA relating to the Services, your use or access
of the Services or the Site, your Account, your particulars, any Content, or
this Agreement (collectively “Records”), though in electronic form, are written
documents, and you shall not dispute or challenge the validity or
enforceability of any Record on the grounds that it is not a written document,
is in electronic form, or was produced by or is the output of a computer
system, and you hereby waive any such right you may have at law; and
(ii) the Records, though in electronic form, are original documents, and you
will not challenge the admissibility of any Record on the grounds that it is
made in electronic form.
8. Fees
8.1 Registration with PROMEDUSA is free.
8.2 PROMEDUSA may offer the use of any Service, subject to payment of a
fee or other charges to PROMEDUSA. If you wish to use such Service, you
shall make full and prompt payment to PROMEDUSA of the applicable fees
in accordance with the payment terms specified by PROMEDUSA at the
point of transaction. Unless otherwise stated, all fees are quoted in
Singapore dollars.
8.3 You acknowledge and agree that PROMEDUSA in its sole discretion,
may now or in the future impose a fee or vary any fee for any Service by
notifying you.
8.4 If you do not agree to make payment of such fee or varied fee after being
notified, you may close your Account and discontinue your access of the
Service
8.5 In the event that PROMEDUSA terminates or withdraws the operation of
any Service, PROMEDUSA shall refund any fees paid by you to
PROMEDUSA, on a pro-rated basis for the remaining and unexpired portion
of the term for such specific and relevant transaction.
8.6 If your Account is terminated at any time by PROMEDUSA for breach of
the Agreement, or if you cancel any payable Service, you shall not be entitled
to any refund of the any fees that have been paid to PROMEDUSA.
9. PROMEDUSA’s Legal Obligations
9.1 You acknowledge that PROMEDUSA may be required under applicable
law or upon the receipt of legitimate instructions from government authorities,
to carry out acts in breach of the terms of this Agreement, and you hereby
agree not to hold PROMEDUSA liable or responsible for any such breach of
the Agreement. |