TERM OF USE
This is an agreement between you (“You”) and ELEMEN (“ELEMEN”) regarding your use of the ELEMEN website located at www.elemengroup.com.sg (the “Website”). Your acceptance of the terms of this Agreement takes effect by your continued use of the Website.
OWNERSHIP AND COPYRIGHT
You agree that any and all information, content, graphics, webpages, text, files, company names, trade-marks, logos and trade names contained on the Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of ELEMEN, or its licensors, as the case may be.
PERMITTED USE
ELEMEN hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.
RESTRICTION ON USE
You agree that You will not:
distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content in any medium; or
create derivative works of, reverse engineer, adapt, translate, modify, copy, sell, transfer, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any formor by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of ELEMEN or its licensors. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
LICENSE TO USE YOUR INFORMATION
You hereby grant to ELEMEN the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to use any information or other content You provide on or through this Website, for any purpose whatsoever, subject to the terms of the Website Privacy Policy. You represent and warrant that you have the right to grant the license set out above.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
There is no guarantee that personal information and transactions on this Website or on the internet will be maintained confidential and secure. The use of this Website and the Content is at your own risk and ELEMEN assume no liability or responsibility pertaining to the Content, your use of the Website or the receipt, storage, transmission or other use of your personal information.
This Website may contain links to other sites. ELEMEN does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, ELEMEN is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites.
ELEMEN will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize ELEMEN to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions. The Content may not be accurate, up to date, complete or untampered with, and is not to be relied upon.
Except as expressly provided in this agreement, this Website and all Content, products, services and software on this Website or made available through this Website are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to availability, accuracy, completeness, reliability, timeliness, legality, suitability, privacy, security, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
In no event will ELEMEN, its affiliates, agents, licensors, or their respective directors or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if ELEMEN or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
In no event will ELEMEN, its affiliates, agents, licensors, or their respective directors or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party Websites; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this Website or the content; any other website accessed to or from this Website; or events beyond the reasonable control of ELEMEN even if ELEMEN or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.
In no case will ELEMEN, its affiliates’, agents’, licensors’, and their respective directors’ and employees’ cumulative total liability arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence, or otherwise) be for more than the amount, if any, paid by you under this agreement to access this Website, in the year in which the claim arose.
ELEMEN assumes no obligation to update the Content on this Website. The Content may be changed without notice to you. ELEMEN disclaim any liability for unauthorized use or reproduction of any portion of the Website.
TERMINATION
This Agreement is effective until terminated by ELEMEN, with or without cause, in ELEMEN’ sole and unfettered discretion. ELEMEN may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by ELEMEN shall be in addition to and without prejudice to such rights and remedies as may be available to ELEMEN, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, your license to ELEMEN, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
INDEMNITY
You agree at all times to indemnify, defend and hold harmless ELEMEN, its agents, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by ELEMEN directly or indirectly in respect of:
Any information or other content You provide on or through this Website or which is sent to ELEMEN by e-mail;
or Your use or misuse of the Content or this Website, including without limitation infringement claims
GOVERNING LAW
ELEMEN, this Website and the Content (excluding linked websites or content) are physically located within Singapore. This Agreement will be governed by the laws of Singapore and shall be treated in all respects as a Singapore contract, without reference to the principles of conflicts of law. In the event of a dispute, we agree to submit to the non-exclusive jurisdiction of the Singapore courts.
ENTIRE AGREEMENT
These terms and conditions and any and all legal notices on this Website constitute the entire agreement between You and ELEMEN with respect to the use of this Website and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on ELEMEN unless executed by ELEMEN in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
SEVERABILITY
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
ENUREMENT
This Agreement shall inure to the benefit of and be binding upon each of the parties and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.