Energy Wave Worldwide Pte. Ltd. Terms of Use  

 

Article 1 (Purpose)

This website (“Site”) is owned and operated by Energy Wave Worldwide Pte. Ltd (the “Company”). Reference to the Site is deemed to include derivatives thereof, including but not limited to websites and applications, whether accessed by mobile phone, tablet or other device. Please read this Terms of Use (“Terms of Use” or “Terms”) carefully as these Terms govern the use of the Site and Services (as hereinafter defined).

Please note that you shall be deemed to have agreed to the Terms of Use, the Privacy Policy, and and other provisions prescribed by the Company once you start using this Site or by accessing it and using its available services.

Article 2 (Definitions)

The meaning of the terms used in the Terms of Use shall be as defined in each of the following items.

  1. “Site” means the website that is managed and operated by the Company;

  2. “Service” means any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices;

  3. “Site Content” means any and all human readable patent audio and/or visual element of the Site, created or owned by the Company; and

  4. “User(s)” means a user of the Site.

Article 3 (Amendment to the Terms of Use)

  1. The Company may amend the Terms of Use at any time when the Company deems necessary; provided, however, that, after amending the Terms of Use, the Company shall promptly notify Users to such effect by posting the notice of the amendment on the Site.

  2. Unless separately prescribed by the Company, the amendment of the Terms of Use shall come into force at the time that the amended Terms of Use is displayed on the Site. In such case, the amended Terms of Use shall apply for the use of the Site.

Article 4 (License to Use the Site)

1.     The Company grants the User a revocable, non-exclusive, non-transferable, limited right and license to access, use the Site only as expressly permitted in the Terms of Use.

2.     User shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms or by law.

Article 5 (Handling of Personal Information)

  1. The registered information of a User and information related to a User acquired by the Company shall be handled in accordance with the Privacy Policy separately prescribed by the Company. Please make sure to read the Privacy Policy before using the Site and/or Services. User shall be deemed to have agreed to the Privacy Policy once it starts using the Site or any of its Services.

  2. User acknowledges that the information collected will be transferred to and processed in Singapore where the privacy laws may not provide an equivalent level of protection to those in your home country. By using this Site, and providing the Company with any information, User consent to the transfer of the information to, and its processing in, Singapore.

Article 6 (Linked Sites)

  1. Advertisements and sponsored links shall have no influence on Site Content or presentation. The Company does not guarantee, endorse or sponsor, directly or indirectly, the quality or efficacy of any product or service described in the advertisements or other material which is commercial in nature.

  2. The Company is not responsible for the content of any other website from which User have accessed the website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result of your use of any other website from which you hyperlink to or from the website.

Article 7 (Scope of Warranty)

  1. THE COMPANY PUBLISH THE SITE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE SITE, AND/OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY ALSO EXPRESSLY DISCLAIM ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING, SUFFERED BY ANY SUCH PERSON BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, THE INFORMATION CONTAINED IN THIS SITE.

Article 8 (Prohibited Matters)

The Site prohibits the following acts upon the use of the Site. If the Company confirms that a User is conducting any of the prohibited acts, the Company may, at its own discretion, take necessary and appropriate measures such as warning to the User, and blocking of User’s Internet Protocol address (“IP”). The authority to decide the measures to be taken shall solely belong to the Company, and the Company shall not accept any inquiries or complaints concerning the Company’s decision.

  1. Act that infringes or may infringe patent rights, utility model rights, design rights, trademark rights, copyrights, trade secrets and other intellectual property rights of the Company or third parties.

  2. Act that infringes or may infringe the property, privacy rights or portrait rights of third parties.

  3. Act that is in violation of public order and morality or laws and regulations.

  4. Criminal act or involvement in a criminal act.

  5. Use of the Site by impersonating others or use of the Site for commercial business without the Company’s permission.

  6. Act that sends harmful computer programs or files containing viruses.

  7. Other acts that the Company considers to be inappropriate based on rational grounds such as an act of obstructing or hindering the operation of the Site or the use of the Site by others.

Article 9 (Prohibition and Suspension of Use of Service)

  1. If the Company considers that an event corresponding to any one of the following items has occurred, the Company may, based on its own discretion, prohibit or suspend the use of the Site or take other necessary measures without notification to Users:

  • impairment or infringement of the reputation, credibility or privacy of the Company or third parties, or there is a possibility thereof;

  • infringement of the copyrights or other intellectual property rights of the Company or third parties, or there is a possibility thereof;

  • loss of, damage to or leakage of the system or data of the Company or third parties, or there is a possibility thereof;

  • an illegal act, an act of inciting or facilitating an illegal act, or an act that may result in such act;

  • an act of obstructing the Company from providing service to the Site, or an act that may result in such act;

  • an act of obstructing or hindering the use of the Site by a third party, or an act that may result in such act;

  • breach of the Terms of Use by a User;

  • a User had been prohibited from using the Service on grounds of previously breaching the Terms of Use or other explanatory notes prescribed by the Company; and

  • other events based on which the Company considers necessary to prohibit or suspend the use of the Service or take other necessary measures.

  1. If the Company takes measures against a User such as prohibiting or suspending the use of the Site, the Company shall not be obligated to disclose the reason thereof to the User.

Article 10 (Copyrights, etc.)

  1. We own the copyright in the content published on the Site except where otherwise indicated by a third party’s proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Site as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is otherwise prohibited and no part of this website may be reproduced in any language, stored in or introduced into a retrieval system, or transmitted, in any form or by any means, without the prior written permission of HHMK.

  2. Copyrights in the texts, images, videos, music, voices and programs configuring the Site and/or Service shall belong to the Company except those Content posted by User.

  3. Users may not reprint, replicate, analyze, modify, translate, lease, sell, distribute or create derivative works in connection with the rights set out in the preceding paragraph without the approval of the Company or the author.

Article 11 (Disclaimer)

  1. If a User infringes the rights of others (impair the reputation of others, infringe the privacy rights of others, disclose personal information of a third party without consent, violate the Copyright Act, etc.), User must settle the claim for such infringement at its own responsibility and expense, and the Company shall not take any measures or be responsible in any way.

  2. The Company shall not take any measures or be responsible in any way for any direct or indirect damage suffered by Users or third parties arising from the loss or leakage of data by Users or the use of the Service for any purpose other than the intended purpose.

  3. The Company shall not be liable in any way for any damage suffered by Users or third parties arising from the leakage, loss or falsification of information by a third party, unless it is resulting from the Company’s willful act or gross negligence.

  4. The Company shall not be liable in any way for any damage suffered by Users or third parties arising from the delay, suspension, change, termination, registration, prohibition of use, or suspension of use of the Site and/or Service, unless it is resulting from the Company’s willful act or gross negligence.

  5. The Company shall not be liable in any way for any indirect, incidental, punitive or derivative damage arising in relation to the Site and/or Service (including, but not limited to, the delay, non-performance or suspension of the Service).

  6. The liability of the Company against a User under the Terms of Use shall be limited to the total amount of SGD100.00 for each event from which the damages have arisen.

Article 12 (Termination of Service)

The Company may change the contents of all or a part of the Site or suspend the provision of the Site and/or Service without prior notice to Users whenever it deems necessary; provided, however, that, HHMK shall promptly notify Users to such effect.

Article 13 (Compensation for Damage)

If a User breaches the Terms of Use, the Company may seek damages, seek an injunction, or any other claim against the User.

Article 14 (Governing Law and Agreed Jurisdiction)

  1. The Terms of Use shall be governed by the laws of Singapore.

  2. All actions or proceedings arising in connection with, touching upon or relating to this Terms of Use, the breach thereof and/or the scope of the provisions of the clause shall be submitted to the Singapore International Arbitration Centre (the “SIAC”) for final and binding arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre to be held in Singapore, in the English Language, before a single arbitrator who shall be appointed by the President of the SIAC. The arbitration shall be a confidential proceeding, closed to the general public. Prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of the arbitrator, any party may seek equitable relief in court of competent jurisdiction in Singapore.