1.1.This App is operated by us for the purpose of providing information on Assistive Technology (AT) devices that may suit persons with disabilities and their caregivers (“Service”).
2.Condition of Use
2.1As a condition of your use of this App, you agree, represent and warrant that:
You are an individual person of legal age to contract.
You possess the capacity and authority to create a binding legal obligation
Your use of this App will at all times comply with this Agreement.
2.2You represent that you have the right to provide any and all information you submit to the App, that the information is only about yourself, and that all such information is accurate, true, current and complete.
3.Availability of the App
3.1.You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the App accessible, the App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, App access may be interrupted, suspended or terminated.
3.2We reserve complete and sole discretion with respect to the operation of App. We may, among other things withdraw, suspend or discontinue any functionality or feature of App or the whole or such part of the Service.
4.Ownership of the App
4.1.Your access to the Service is subject to a license from us to use the same and nothing herein shall be construed as a sale of any part the App of the rights or title to you. The content and information on the App and the Service, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of SGE and its licensors and other partners where relevant. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights and you shall not modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the App.
5.Transmission of Information
5.1.Because we do not control the security of the Internet or other networks you use to access the App or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with SGE and the App while it is being transmitted. In addition, SGE is not responsible for any data lost during transmission.
6.Your Use of the App
6.2.You shall also not engage in the following activities:
Using the App for any commercial use.
Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorised to access.
Attempting to scan, or test the security or configuration of the App or to breach security or authentication measures without proper authorisation.
Tampering or interfering with the proper functioning of any part, page or area of the App.
Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the App, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the App.
Disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious.
Disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person.
Using the App or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to directly or indirectly disrupt the activities of SGE.
Using the App or any of its resources to solicit other End Users, business partners of SGE or such other parties to become users or partners of other online or offline services directly or indirectly disruptive or potentially disruptive to SGE, including without limitation, aggregating current or previously offered service offerings.
Using any End User or third party information from the App for any commercial purpose, including, but not limited to, marketing.
Accessing, monitoring or copying any content or information from this App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
Violating the restrictions in any robot exclusion headers on this App or bypassing or circumventing other measures employed to prevent or limit access to this App.
Acting illegally or maliciously against the business interests or reputation of SGE or the App and/or the Service.
Engaging in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
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.
Commit any fraudulent or unlawful act or use for any commercial purposes.
9.Links to Third Party Sites
9.1.The App may contain links to third-party websites that are not owned, operated, or controlled by SGE. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own or operate them. Additionally, we cannot and will not censor or edit the content of any third party site. By using the App you expressly relieve us from any and all liability arising from your use of any third party website.
10.1.Everything located on or in this App is the exclusive intellectual property of SGE or must be only be used with our permission or licence. Any unauthorised copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this App or any content on this App is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
10.2.This App contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the App are protected by copyright under the Singapore copyright laws. SGE owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only or otherwise subject to such fair use provisions under Singapore’s copyright laws. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of SGE or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the App.
11.1.If you believe that your materials have been copied, reproduced or otherwise dealt with by SGE in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed.
the nature of the authorisation or relationship where it is alleged that a third party authorises the infringement by another.
where the material that you claim is infringing is located on the site.
your full name, address, telephone number, and email address.
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
11.2.Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: firstname.lastname@example.org
12.Limitation of Liability
YOU AGREE THAT SGE IS MERELY PROVIDING A PLATFORM TO ALLOW YOU TO OBTAIN PRODUCTS AND SERVICES FROM THIRD PARTIES, FOR NO COMMERCIAL GAIN OR PROFIT AND AS SUCH THERE IS NO INTENTION TO CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SGE AND THEREFORE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT SGE IS NOT RESPONSIBLE FOR (A) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES CONTRACTING WITH YOU ON THE APP AND (B) ANY CLAIMS FOR INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“LIABILITIES”) THAT YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART AS A RESULT OF THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE APP.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE SGE, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO (I) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES CONTRACTING WITH YOU ON THE APP AND/OR (II) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13.Disclaimer of Warranty
13.1.Without prejudice to the foregoing, you expressly agree that use of this App is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither SGE, its subsidiaries, affiliates or any of their respective staff members, agents, merchants, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the App will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this site, or (b) the accuracy, reliability or content of any information or service provided through this App. The App is made accessible on an "as is" and "as available" basis. SGE hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title non infringement, merchantability, and fitness for a particular purpose.
13.2.SGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE OR APPLICATION, AND SGE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13.3.The information presented or contained in the App or provided through the Service is presented for informational purposes only and may be updated or reviewed from time to time even though SGE may not be obliged to do so. No information, whether oral or written, obtained by an end user from a merchant, a merchant from an end user, or from the services will create any warranty not expressly stated in this agreement.
13.4.Each End User hereby agrees and understands that: SGE does not guarantee any price, service, or product offered by a merchant.
13.5.The App is controlled and offered by SGE from its facilities in Singapore. SGE makes no representations that the App are appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15.1.No waiver by either you or SGE of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court or arbitrator of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
16.1.Reservation of Rights. The failure of either party to exercise in any respect any right provided in this Agreement will not be deemed a waiver of such rightsp>
16.2.Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
16.3.Assignability. This Agreement, and any rights and licenses granted hereunder, are not assignable, transferable or sublicensable by you except with SGE's prior written consent, but may be assigned by SGE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16.5.Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SGE in any respect whatsoever.