BY CONTINUING TO ACCESS AND/OR USE THIS WEBSITE, YOU WILL BE CONCLUSIVELY PRESUMED TO HAVE NOTICE OF AND HAVE AGREED TO BE BOUND BY THE MOST RECENT TERMS AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE.
- Definitions and interpretation
- In these Terms, 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.
"Name" means the name or word "NetLink" and/or "NetLink NBN Trust".
"Parties" means you and the Company collectively and "Party" means either one of them.
"PDPA" means Singapore's Personal Data Protection Act including all subsidiary legislation related thereto.
"Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which the organisation has or is likely to have access.
"Services" means any of the Internet-based, mobile based, interactive information services, software, content, or interactive tools that may be provided by the Company, including any online payment services or functionalities.
"Trade Mark" means the trade marks "NetLink", "NetLink NBN" and/or "NetLink NBN Trust".
"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.
- Unless the contrary intention appears:
(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) No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of this Agreement or any part of it; and
(c) Headings are inserted for convenience and do not affect the interpretation of this Agreement.
- In these Terms, unless the context requires otherwise:
- User Accounts
- 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. Additional conditions of access, notified to you at the time of registration, may be imposed. If we provide you with a User Account, you will at all times be solely responsible for ensuring the proper use of your User Account and for maintaining the confidentiality of your password and other access codes to your User Account. We reserve the right to monitor and 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 of any unauthorized use of your User Account, password or other access codes, your sole remedy is to either immediately change 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 to comply with your obligations under these Terms.
- 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.
- For the avoidance of doubt, you shall be wholly responsible for all transactions executed using the Website and attributable to your User Account.
- 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 relating thereto, 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. Unless otherwise expressly permitted by mandatorily applicable law, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to 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 any trade marks 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.
- The Company hereby grants to you a limited personal, non-sub-licensable, non-transferable, revocable, terminable and non-exclusive license to access and use the Website (the "Licence"). The grant of this Licence does not constitute a transfer or sale of the Website or any copy thereof, and the Company retains all right, title, and interest in and to the Website, including any software or any Intellectual Property Rights therein.
- You undertake that you shall not use and you shall not allow the use of, the Trade Mark or Name in any of the following ways:
(a) as part of any corporate or legal business name, which you are connected with, involved in or participating in;
(b) in connection with any of your services or activities;
(c) as part of any domain name, homepage, electronic address, metatag, or otherwise in connection with the Internet or a website, except with the prior written consent of the Company; and
(d) with any prefix, suffix, or other modifying words, terms, designs, or symbols.
- You agree and undertake that:
(a) all rights, title, interest and any goodwill in the Name and/or Trade Mark, or any derivatives thereof, belong exclusively and wholly to the Company and that you shall not under any circumstances gain any right to or interest or goodwill in the Name and/or Trade Mark or any derivatives thereof independently of the Company; and
(b) you shall not register domain names associated with or including the Name and/or the Trade Mark, or any derivatives thereof, or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof (hereinafter referred to as "Domain Names") and that the Company shall retain at all times all legal and beneficial rights, title and interest in the Domain Names.
- You shall not at any time, including in the event of a termination of the agreement entered into with you based on these Terms, use, adopt, register or apply to register, in any country, any name, corporate name, company name, business name, trading name, domain name, or trade mark which:
(a) is identical, similar to, or is a colourable imitation of, the Trade Mark and/or of the Name;
(b) incorporates the Trade Mark and/or Name, or is a combination or variation of the Trade Mark and/or Name; or
(c) is similar to any graphic, visual or phonetic representation of the Trade Mark and/or Name.
- Access and Use of this Website
- You are entitled to access and use the Website in accordance with these Terms.
- You agree that you shall not:
(a) modify, disassemble, decompile or reverse engineer the Website, including any software therein;
(b) 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;
(c) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, including but not limited to any features that:
(i) are designed to verify the identity of the user;
(ii) prevent or restrict the access to or use of any particular functionalities and/or facilities of the Website;
(iii) prevent or restrict the access to, use of, or the copying of any Content that is made available or accessible through the Website;
(d) delete any Trade Mark, Name, including any other trade marks used by the Company, and/or other proprietary rights notices that is/are displayed on the Website therein;
(e) use the Website for any purpose that is unlawful or prohibited by these Terms;
(f) 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;
(g) 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
(h) 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.
- Unless otherwise stated, you may not link (including, but not limited to, hyperlink, in-line link or deep-link) (hereinafter collectively referred to as "Link"), mirror or frame this website or any part thereof to any other web page, website, server or otherwise. Except with our prior written permission no trademark, trade name, service mark, product name, logo, insignia or device may be used as a Link or to mark any Link to this website or any part thereof or any other web page or website.
- You may not Link to this website or any part thereof from any web page or website which contains materials or information which is inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, harassing, privacy invading, abusive, threatening, harmful, tortious, objectionable, unlawful or violates any applicable intellectual property or proprietary rights.
- Notwithstanding anything to the contrary herein, NetLink NBN Trust reserves all rights to terminate any Link from any website to this website for any reason. Upon our instructions, you must disable, remove and terminate any Link from any web page or website, or any mirroring or framing of this website or any part thereof immediately.
- For your convenience, NetLink NBN Trust may include Links to websites on the Internet that are owned or operated by third parties. NetLink NBN Trust has not developed or reviewed, and is not responsible for the contents of or the consequences of accessing the Linked web page or website. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, 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, of such Linked web pages.
- We may provide Links to third party payment service provider websites in order to process your payments and other transactions executed on the Website. These may be governed by the terms of service and security/privacy policies of such third parties. By executing payment and other transactions on the Website, you are deemed to have understood and agreed to these terms and/or policies. We make no guarantee, representation or warranty as to, and have no liability for, the services or contents offered at those websites, including, but not limited to, guarantees, representations and warranties regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, 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, of such services or contents.
- In no circumstances will NetLink NBN Trust be considered to be associated or affiliated in whatever manner with any trademarks, trade names, service marks, logos, insignia or other devices used or appearing on websites that Links, mirrors or frames this website or any part thereof. The Links provided in this Website shall not be considered or construed as an endorsement or verification of such Linked websites or the contents therein by NetLink NBN Trust.
- Linked websites are not under the control of NetLink NBN Trust and NetLink NBN Trust cannot accept responsibility for the contents of or the consequences of accessing any websites that Links, mirrors or frames this website or any part thereof or any link contained in a Linked website or any Links provided on this website. You agree that your access to and use of such Linked websites is entirely at your own risk and subject to the terms and conditions of access and use contained therein.
- The Contents are of a general nature and have not been verified, considered or assessed by any member of NetLink NBN Trust. Such Contents are provided for general information only and you should seek professional advice at all times and obtain independent verification of the Contents contained herein before making any decision based on any such information or materials. Your use of the Contents is at your own risk.
- NetLink NBN Trust does not guarantee, represent or warrant that this Website is free of malicious software, including, but not limited to, viruses, malicious code, computer worms, Trojan horses, spyware or other harmful components ("Malicious Software"). NetLink NBN Trust accepts no liability for any loss, damage, claim, liability, expense or costs that may result from any transmission of such Malicious Software via this Website (including, but not limited to, files downloaded from this Website).
- The Website (including all Contents and Services therein) are provided on an "as is" and "as available" basis without warranties of any kind. NetLink NBN Trust 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 NetLink NBN Trust expressly disclaims liability for any errors in, or omissions from, the Website (including all Contents and Services therein).
- Under no circumstances shall NetLink NBN Trust 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 therein) even if NetLink NBN Trust had been advised as to the possibility.
- In no event shall NetLink NBN Trust 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 NetLink NBN Trust had been advised as to the possibility of such damages.
- Notwithstanding anything that may be to the contrary, no action may be brought by you against NetLink NBN Trust, 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 NetLink NBN Trust against you.
You hereby agree to indemnify and hold NetLink NBN Trust harmless against all damages, losses, claims, liability, expenses and costs (including legal costs) whatsoever or howsoever suffered or incurred by NetLink NBN Trust 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).
- Personal Data Protection
- Alteration of the Website and Termination of User Account and Termination of the Licence
- The Company may amend or modify all or part of the Website (including any of its Contents) at any time.
- 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; and/or
(iii) the Licence,
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.
- Any termination or suspension of your User Account (if applicable) shall not entitle you to receive any compensation in respect of the termination.
- 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.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties.
- The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a competent court or arbitral tribunal holds any part of these Terms to be unenforceable as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms.
- No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.
- 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.
- 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 this Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of these Terms.
- Governing Law and Jurisdiction
Nothing herein shall be construed as a representation by NetLink NBN Trust that the Contents are appropriate or available for use in geographic areas or jurisdictions other than Singapore. 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.
- Contact Information
- You may contact the Company at:
Company name: NETLINK NBN MANAGEMENT PTE LTD (AS TRUSTEE-MANAGER OF NETLINK NBN TRUST) Address: 750E CHAI CHEE ROAD #07-03 VIVA BUSINESS PARK SINGAPORE 469005 Tel: 6563 4273 (hotline) Fax: 6725 8046
- Any notice that the Company intends to give to you may be carried out by posting the relevant notice on the Website and/or by sending any such notice to any contact information you may have provided the Company with. You are deemed to have received notice of the same upon the Company posting the relevant notice on the Website and/or by sending any such notice to any contact information you may have provided the Company with.
- You may contact the Company at:
- Changes to these Terms
We may revise these Terms at any time by amending this page. 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.