|PLEASE READ THESE TERMS & CONDITION CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS.|
By accessing the OGCX Platform, using the Services, or ordering Products, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the OGCX Platform and discontinue use of the Services immediately, and do not order any Products via the OGCX Platform.
- You hereby represent and warrant that:
- you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions;
- you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing the OGCX Platform, using the Services or ordering Products and such entity agrees to be bound by these Website Conditions; and
- all of the information provided by you to OGCX (including without limitation personal particulars and contact information) is accurate and complete.
- OGCX reserves the right to change, modify, suspend or discontinue the whole or any portion of the OGCX Platform, Services or Products at any time. OGCX may also impose limits on certain features or restrict your access to parts or the entire Services or OGCX Platform without notice or liability.
- OGCX may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at the OGCX Platform. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.
- In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Registered User opened under the OGCX Platform.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access the OGCX Platform or the Services.
“Content” means technical information, standards and data, specifications, Product listings and descriptions, materials, information, advertisements, text, audio, video, pictures, graphics, blogs, webcasts, podcasts, broadcasts, messages, comments, suggestions, ideas and other content.
“OGCX” is defined in the opening paragraph of these Terms & Conditions.
“OGCX Content” means all Content of OGCX that is made available on or via the OGCX Platform.
“OGCX Platform” means OGCX’s online portal and store containing the link to these Terms & Conditions.
“Linked Sites” is defined in Clause 8.1.
“Products” means products available for purchase at the OGCX Platform.
“Registered User” means a registered member of the OGCX Platform which shall include both buyers and sellers of Products.
“Security Devices” means all smartcards, digital certificates, digital signatures, encryption devices, electronic keys, logon identifiers, passwords, personal identification numbers (PINs), and other authentication, encryption, security and access codes and procedures designated by OGCX in order to enable a Registered User to access and/or use the OGCX Platform or transmit secure communications.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the OGCX Platform and the Services.
“Services” is defined in Clause 3.2.
“Third Party Products” means products and services of third parties advertised on or available at the OGCX Platform or websites linked from the OGCX Platform.
“User Content” means all Content on the OGCX Platform which is created, transmitted, posted or uploaded by a user of the OGCX Platform.
- The words “include” and “including” shall not be construed as having any limiting effect.
- The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
OGCX Platform and Services
- The OGCX Platform is owned and maintained by OGCX.
- OGCX may offer one or more of the following services on or through the OGCX Platform (each a “Service” and collectively the “Services”):
- online ordering of Products;
- online listing of Products;
- access to Content;
- search engines or tools;
- a platform to create, upload and publicly make available customer reviews and other content;
- any other features, content or applications that OGCX may offer at the OGCX Platform from time to time in its sole and absolute discretion.
- You acknowledge and agree that to order and/or list and sell Products and to access and use certain Services, you will be required to register as a Registered User.
- From time to time OGCX may run competitions, promotions and surveys at the OGCX Platform. These are subject to additional terms and conditions that will be made available at the time they are run.
Content Use Conditions
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
- any Service;
- the OGCX Platform;
- any OGCX Content except with the prior written consent of OGCX or unless expressly permitted in these Website Conditions; or
- any User Content except with the prior written consent of OGCX and the owner of the specific User Content, unless you are the sole owner of the specific User Content.
- Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, OGCX Content, or User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of OGCX.
- You may for your personal, non-commercial use:
- retrieve and display OGCX Content on any compatible device owned by you;
- print a single copy of individual articles on paper (but not photocopy them); and
- store such articles in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
- All OGCX Content are the copyrighted work of OGCX or its content or software providers, and OGCX reserves and retains all rights in the OGCX Content. Use of some OGCX Content may be governed by the terms of an accompanying end user license agreement.
- You may not decompile, reverse engineer or otherwise attempt to discover the source code of any OGCX Content available on the OGCX Platform or through a Service except under the specific circumstances expressly permitted by law or OGCX in writing.
- The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the OGCX Platform, and all OGCX Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with OGCX.
- The trademarks, logos and service marks (“Marks”) displayed on the OGCX Platform are the property of OGCX or other third parties, and all rights to the Marks are expressly reserved by OGCX or relevant third parties. You are not permitted to use any Marks without the prior written consent of OGCX or such third party. OGCX and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of OGCX or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of OGCX.
- The domain name on which the OGCX Platform is hosted on is the sole property of OGCX and you may not use or otherwise adopt a similar name for your own use.
- If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the OGCX Platform, please email us at: firstname.lastname@example.org.
- You hereby undertake:
- to comply with these Website Conditions, and such other notices or guidelines that may be posted on the OGCX Platform by OGCX from time to time (which are hereby incorporated by reference into these Website Conditions);
- not to use any Service, Product or OGCX Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;
- not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the OGCX Platform, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
- not to use the Account of another Registered User at any time, whether with or without his/her permission.
Security for Registered Users
- This Clause 7shall apply to you if you are or become a Registered User.
- You shall comply with the security, authentication and authorisation procedures prescribed by OGCX for the OGCX Platform, including the use of the Security Devices for communications.
- You undertake to ensure (and to take all necessary precautions to ensure) that:
- you comply with:
- all instructions of OGCX relating to the issuance and/or generation of the Security Devices;
- the procedural and/or operational guidelines relating to any Security Devices;
- all Security Devices are kept completely confidential and secure; and
- there is no unauthorised use or abuse of the Security Devices.
- you comply with:
- You agree that OGCX shall be entitled to deactivate or revoke the use of any one or more Security Devices at any time, without assigning any reason and without prior notice to you.
- You undertake to notify and/or contact OGCX immediately (“Security Notification”) if you have reason to believe, suspect that or have knowledge that:
- the security of any Security Device may have been compromised, or has become known or been revealed to any other person;
- there has been unauthorised use of the Security Device; and/or
- such Security Device is lost, damaged, defective or stolen,
(“Compromised Device”). You shall immediately cease to use or process such Compromised Device until further notice from OGCX. Any Security Notification given verbally or electronically shall be confirmed in writing by you and actually received by OGCX within 24 hours of the verbal notification, failing which OGCX shall not be obliged to act upon the Security Notification.
- In the event a Security Notification has been given by you, you understand that it is responsible to ascertain which of your communications which have not been processed are valid and if you wish such valid communications to be carried out, Supplier shall re-instruct OGCX, by notice in writing faxed to OGCX, to carry out those communications.
- You acknowledges and confirms that you shall be bound by all communications made which are referable to any Compromised Device until such time as OGCX has received the Security Notification from you and has effected cancellation of the Compromised Device.
- You acknowledge that OGCX shall be entitled to change the type or version of any Security Device to be used in connection with any or all of the Services at any time, as it, in its sole discretion, deems fit.
Disclaimers & Limitations
- While we make every effort to ensure that all OGCX Content displayed on the OGCX Platform is accurate and complete, we provide the OGCX Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, OGCX disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, OGCX does not warrant that the functions contained in or access to the OGCX Platform, Services, OGCX Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the OGCX Platform, Services, OGCX Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any OGCX Content in or with any Computer will not affect the functionality or performance of the Computer. You (and not OGCX) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold OGCX liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of OGCX.
- OGCX does not warrant or make any representations regarding the use or the results of the use of the OGCX Content, the Services, the OGCX Platform or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise, including any technical information, standards, data, specifications or Product information. The data and information made available on the OGCX Platform are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. OGCX does not sponsor, endorse or promote any financial products, services or information.
- You acknowledge that it is not OGCX’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the OGCX Platform by other users of the Services and that OGCX does not endorse and shall not be responsible for any such content.
- You acknowledge and agree that OGCX does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and OGCX hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the OGCX Platform or on Linked Sites.
- You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on the OGCX Platform should be used, accepted and relied upon only with care and discretion and at your own risk, and OGCX shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
- You also acknowledge and agree that some Services may enable other users to upload User Content to the OGCX Platform, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we will remove any such User Content brought to our notice, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to access and use User Content only at your own risk and with care and discretion.
- You agree that:
- OGCX shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the OGCX Platform, Services or Products without assigning any reason; and
- access to or the operation of the OGCX Platform, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,and in any such event, OGCX shall not be liable for any loss, liability or damage which may be incurred as a result.
- In no event shall OGCX be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the OGCX Content, User Content, Services, Products, Third Party Products, any Computers, the OGCX Platform, or any other website. In the event that OGCX is liable for damages despite the foregoing provision, you agree that OGCX’s aggregate liability to you for any and all causes of action in relation to the OGCX Content, Services, OGCX Platform, and the Agreement, shall not exceed the sum of [S$10,000].
- Under no circumstances, including, but not limited to, negligence, shall OGCX be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the OGCX Content, Services, Products, Third Party Products, OGCX Platform, or any other website, even if OGCX or an OGCX authorised representative has been advised of, or should have foreseen, the possibility of such damages.
- You agree that the above exclusions and limitations of liability enable the Services and the OGCX Content to be provided by OGCX at either reasonable costs or no costs to you.
- OGCX may provide links to other sites (“Linked Sites”) that may be of relevance and interest to users. OGCX has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against OGCX with respect to the Linked Sites.
- Data Use & Privacy
- You agree that OGCX has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the OGCX Platform or Services, without assigning any reason.
Notification of Infringement
- OGCX reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of OGCX Content, User Content and other material on the OGCX Platform (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the OGCX Platform, please notify OGCX in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
- All Infringement Notices shall be sent to OGCX addressed as follows:
Donny Lee (CEO)
- OGCX will in response to all Infringement Notices submitted in the above manner remove the Infringing Material from the OGCX Platform. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against OGCX in respect of any Infringing Material, unless you have first given OGCX the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter OGCX refuses or fails to remove the Infringing Material within a reasonable time. Where OGCX removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against OGCX under applicable law which you may have in respect of any Infringing Material appearing on the OGCX Platform prior to such removal by OGCX.
- You acknowledge and agree that OGCX has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
- This OGCX Platform is owned and operated by OGCX in Singapore. OGCX makes no representation that the Contents of the OGCX Platform are appropriate or available for use in your location. Those who choose to access the OGCX Platform from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
- Relationship of Parties
- Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between OGCX and you and neither party shall have any authority to bind the other in any way.
- No waiver of any rights or remedies by OGCX shall be effective unless made in writing and signed by an authorised representative of OGCX.
- A failure by OGCX to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Rights of Third Parties
- A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
- No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
- For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
Governing Law & Jurisdiction
- These Website Conditions and all matters relating to your access to, or use of, the OGCX Platform and the Services shall be governed by and construed in accordance with Singapore law.
- The parties hereby submit to the non-exclusive jurisdiction of the Singapore courts.