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Alliances
Collaboration and networking is the key to developing a business in this global competitive market. Chartered Alliance is committed to . . . . .
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"Printing of Company Registration Number on Documents" With effect from 1st Oct 2004,
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"Increase in revenue threshold for audit exemption of exempt private companies" With effect from 1 Jun 2004, the law has been amended to . . . . .
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1. ACCEPTANCE OF TERMS
Chartered Alliance 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 Chartered Alliance 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 service@chartered-alliance.com.
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