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1. Acknowledgement and Acceptance of Terms and Conditions
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The following terms and conditions comprise the entire agreement between the User and
Datapool (S) Pte Ltd (Datapool) ,and
supersedes all prior agreements between both parties regarding the subject matter contained herein.
These terms and conditions shall govern the online-services to be provided by Datapool and the use of such services by the User.
By clicking on the 'I Agree' button, the User is deemed to be bound by all of the terms and conditions as follows:-
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2. Definition of Terms
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- "Agreement"
Completed subscription form read with the
terms and conditions herein.
- "Datapool"
Datapool
(S) Pte Ltd.
- "Datapool Website”
The Internet web site of Datapool at
http://www.datapool.com
- "Services"
On-line
services to be provided by Datapool to the User at Datapool
Website, including any system, software or data (whether
electronically transferred or in printed form).
- "User"
The
Subscriber of Receivables Managment/ Q/R Call/ Negative List/ On-line services provided by Datapool or a person authorized by the Subscriber to use the Services.
- "Access"
The
entitlement of the User to access
the Datapool Website to use the Services.
- "Information"
Information made available
to the User at the Datapool Website.
- "ID / Password"
Login name and password provided by Datapool
to the User for the purpose of accessing the Datapool Website to
use the Services
- "Commencement Date"
The date specified by Datapool in its notice
to the User indicating the grant of Access to the User.
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3. Access
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- Datapool grants the User a
non-transferable, non-exclusive license to access the Datapool Website and the
Information included therein during its normal hours of operation.
Except otherwise stated, such license includes the right to transfer
insubstantial portions of Information to the User
- Datapool reserves the right at any time
and without prior notice to the User to change the hours of
operation of Datapool's Website or to limit the User's access to the Datapool Website
in order to perform repairs, make modifications or as
a result of circumstances beyond Datapool's reasonable control. Datapool
may add or withdraw the Services from time to time and
will notify the User of such changes.
- Datapool does not warrant that the Services will be uninterrupted, error
free or virus free. Under no circumstances shall Datapool be liable
for any direct, indirect, incidental, special or consequential damages that result in
any way from the use of or inability to
use the Services. Datapool will also not be liable for
any reliance on or use of Information through the Services, mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation or any failure
of performance.
- Datapool may from time to time deactivate or suspend the User's Access and/or to use the Services without notice in order to carry out system
maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, Datapool shall not be
liable for any loss and damage, costs and expense that the User may suffer or incur, and no fees or charges, payable by the
User to Datapool shall be deducted, refunded or rebated, as a result of such deactivation or suspension.
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| 4. User's Obligations |
The User shall :
- Be responsible for the set-up or configuration
of his equipment for access to the Datapool Website;
- Comply with all notices or
instructions given by Datapool from time to time in respect of the use of the
Services;
- Comply with the rules of any network or Internet
Service Provider through which the User accesses the Datapool
Website;
- Be solely responsible for
all Information retrieved, stored and transmitted by the User;
- Be solely responsible for the maintenance and confidentiality of the ID/Password,
and all activities and transmission performed using his ID/Password;
- Notify Datapool immediately of any
unauthorized ue of his ID/Password or
any other breach of security known to the User;
- Not disclose the ID/Password to any
third party without the prior written consent of Datapool.
- Indemnify Datapool at all times against
any liablilities, actions, claims, proceedings, losses, and
damages arising from any unauthorized use
or misuse of any ID/Password issued by Datapool; and
- Notify Datapool immediately if he becomes
aware of any unauthorized use of the ID/Password issued by
Datapool.
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| 5. Prohibited Use |
The User shall not:
- Post or transmit any information or data
which is unlawful, offensive on moral, religious, racial or
political grounds, threatening, abusive, defamatory, indecent,
obscene, pornographic or any objectionable information of any
kind;
- Introduce, post or transmit
any information or software which contains virus or other
harmful components onto Datapool's network system;
- Upload, post, publish, reproduce or distribute
any information through the Datapool Website, which is protected by
copyright or proprietary rights, without obtaining the necessary
permission;
- Use the Datapool Website or Services for any unlawful purpose
including but not limited to criminal purposes;
- Violate or attempt
to violate the security of the Datapool Website. This includes but
not limited to accessing data and information not intended for
them or logging onto a server or account, which the User is not
authorized to access, attempting to probe, scan or test the
vulnerability of a system or network or attempting to breach
security or authentication measures without proper authorization;
- Do anything or cause anything to be done which may be in breach of the Internet Code of Practice, any regulations, guidelines or instructions in whatsoever form that the Singapore Broadcasting Authority may issue from time to time relating to the Services or otherwise.
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| 6. Termination and Modifications |
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- The terms of this Agreement will extend
from the Commencement Date and shall continue unless terminated by
either party upon fourteen (14) days' notice.
- Notwithstanding clause 6(a), Datapool may terminate this Agreement with immediate effect if :
- In the opinion of Datapool, the User has
breached any of the terms and conditions of this Agreement
(including but not limited to clauses 4 and 5);
- The User has provided any false
or incomplete information to Datapool;
- In the opinion of Datapool or any regulatory authority, it is not in the public interest to continue
providing the Services to the User for any reason;
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Datapool reserves the right,
at any time and without assigning any reason, to terminate the Services
upon fourteen (14) days prior notice to the User.
- Datapool reserves the right to
modify the terms of this Agreement at its sole discretion upon
fourteen (14) days' prior notice. For the avoidance of doubt, the
User's continued use of the Services following the modifications
constitutes an acknowledgement and acceptance of the amended terms
and conditions and also constitute an agreement by the User to
abide and continue to be bounded by the amended terms and
conditions.
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7. ID/password |
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- Datapool shall issue a ID/Password to the
User to use the Services.
- Datapool warrants that the ID/Password issued are unique to
the User and will not be issued to any other User.
- Datapool shall not be liable for any unauthorized use or any
misuse of ID/Password provided to the User.
- Datapool may terminate or suspend any ID/Password issued if
the ID/Password has not been in use for an extended period of
time, as determined by Datapool in its sole discretion.
- Datapool may also in its absolute discretion terminate or
replace any ID/Password issued at any time, with or without cause,
with or without notice, effective immediately, for any reason
whatsoever.
- The User shall notify Datapool when any ID/Password needs to
be cancelled for any reason.
- The User shall be responsible for the confidentiality of his
personal ID/Password. In the event of theft or loss of ID/Password
or if the User learns or suspects that unauthorized use of his
ID/Password is taking place, the User shall notify Datapool
immediately and provide Datapool with a written notice to that
effect. The User shall remain liable for use of the Services by
any third party until such theft or loss is notified to
Datapool.
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| 8. Additional Products and Services |
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- Datapool will from time to time implement new products and services on the Datapool Website. The User
acknowledges that he may be required, as a condition precedent to the use of additional products and services, to enter
into additional agreements with Datapool or third parties with respect to these products and services.
- Any special requests by the User, which is not included in the Services,
shall be accepted or rejected by Datapool at its discretion. If Datapool accepts such special requests, Datapool may quote special charges for the User's prior approval.
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| 9. Ownership |
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- Information furnished by Datapool is
supplied with strict confidence for the exclusive use of the User.
- The User
shall not, without the written consent of Datapool, divulge the Information to any third party, post, publish, reproduce,
distribute or in any way exploit any information obtained through the Services for commercial purposes.
- The User acknowledges that it obtains only rights under this Agreement as a licensee and acquires no ownership rights,
interest, copyrights to the Datapool Website, its contents, programming or additional products and services.
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| 10. Liabilities |
Datapool, its officers and employees shall not be liable for:-
- Any loss or damage (including
consequential or incidental loss or damages incurred by the
User),or
- Any cost, claim or demand of any nature whether made against
Datapool, its officers, and employees, or
- Any claim against the User by any third party arising directly
or indirectly out of the use/access to the Services, and /or the
withdrawal of such Services.
PROVIDED ALWAYS and it is hereby agreed and declared between
Datapool and the User, and this Agreement is made on this condition,
that Datapool shall not be liable by virtue or in consequence of any
of the service rendered or information given herein under this
agreeemnt to pay or make good to the User and their successors, or
to any other party, in any way, to any greater amount than the sum
of Singapore Dollars Two Hundred Only (S$ 200.00).
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| 11. Use of Data |
- All information furnished by Datapool is
supplied in strict confidence for the exclusive use of the User.
- The User agrees that the Services and Information provided by
Datapool shall only be used for the sole purpose of credit
evaluation and debt management.
- The User undertakes not to divulge the Information to any
third party without the written consent of Datapool, and shall
indemnify and keep Datapool indemnified at all times against all
claims, actions, proceedings, losses and damages arising from the
breach of such undertaking.
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| 12. Indemnity |
The User will indemnify and keep Datapool indemnified against all losses (direct or indirect), claims, demands, damages, expenses
(including attorney's fees) or liabilities whatsoever including but not limited to defamation, infringement of intellectual property rights, death,
bodily injury, property damage or pecuniary losses howsoever arising out of or in connection with the User's access to Datapool Website, and the use of
Information or Services provided by the Datapool.
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| 13. General |
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- This Agreement shall be governed by all applicable laws of the Republic of Singapore relating to the Services, including but not
limited to, the Broadcasting and Television Act, Common Gaming House Act, Computer Misuse Act, Copyright Act, Electronic Transactions Act, Films Act,
Indecent Advertisements Act, Maintenance of Religious Harmony Act, Telecommunication Authority of Singapore Act, including any regulation made pursuant
thereto and any items and conditions of any license granted to Datapool by the local Internet Service Provider. Datapool hereby submits to the exclusive jurisdiction
of the Singapore courts.
- Failure by either party to enforce its rights under any one or more clauses of the terms and conditions of this Agreement does not mean a
waiver or relinquishment of such rights for any breach of such terms and conditions in future.
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| 14. Disclaimer |
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- Datapool reserves the
right to change the contents, presentation, user
facilities and availability of the Services, at its sole discretion.
- Datapool makes no warranty on
the performance of the network or the accuracy
of any indexing, data entry or any information included
in the Datapool Website.
- Datapool is not authorized to
make any representations or warranties or endorsements whatsover
with regard to the Services to be provided to
the User.
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The User acknowledges
that Datapool does not warrant or guarantee the timeliness, currency, accuracy, completeness
or fitness for a particular purpose
of the Information or Services provided.
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The User has the responsibility of evaluation the
accuracy, completeness and usefulness of the Information and the quality of
the Services provided through the Datapool Website.
- The User acknowledges that every business
decision involves the assumption of a risk and that Datapool,in
furnishing the Information to the User, does not and will not
underwrite that risk in any manner whatsoever. The User therefore
agrees that Datapool will not be liable for any loss, damage or injury caused in
whole or in part by Datapool's negligence in procuring, compiling, collecting,
interpreting, reporting, communicating or delivering the Information.
- Whilst every care is taken by Datapool in the provision of the Services, Datapool shall not be
liable for any loss of information caused whether as a result of any interruption, suspension or termination of the Services.
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