Last updated: 12 July 2019

 

In these Terms of Use, “we”, “us”, “our” or “OneEmpower” means OneEmpower Pte Ltd. (including our related companies and affiliates); “you”, “your” or “yours” means the person(s) to whom these Terms of Use applies; and “Site” means the OneEmpower website located at www.oneempower.com.

 

THESE TERMS OF USE APPLY TO THE SITE. BY ACCESSING THE SITE AND/OR USING THE RELATED SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE AND/OR THE RELATED SERVICES.

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We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

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Ownership and Intellectual Property

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The Site is our property. Except as otherwise expressly stated herein, the copyright and all other intellectual property in the contents of the Site (including, but not limited to, all design, text, graphics, user interfaces, links, visual interfaces, images, photographs, trademarks, logos, sounds, music, artwork and computer code) are the property of OneEmpower and/or its holding company and/or its subsidiaries and/or the subsidiaries of its holding company (together the "OE Group"). As such, they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of the OE Group. Except as expressly provided in these Terms of Use, no part of the Site and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without OE Group’s express prior written consent.

 

All trade marks, service marks and logos used in the Site are the property of the OE Group and/or the respective third party proprietors identified in the Site. No licence or right is granted and your access to the Site and/or use of the services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade marks, service marks or logos appearing on the Site without the prior written consent of the OE Group or the relevant third party proprietor thereof.

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Use of Site and Services

 

As a condition of your use of the Site and its services, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that may damage, disable, or impair the Site or the networks connected to Site, or interfere with any other party's access to and use of the Site. You may not attempt to gain unauthorised access to Site, other accounts, computer systems or networks connected to Site, through hacking, password mining or any other means.

 

We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or any of its services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site or any part of it services.

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Accounts, Passwords and Security

 

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to change your password from time to time and to keep the ID and password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of your ID or password. You shall notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of your account, ID or password has been compromised or if there has been any unauthorised use of your account, ID, password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failure to keep your account information secure and confidential.

 

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Privacy Policy

 

Our Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

Hyperlinks

 

For your convenience, the Site may include hyperlinks to other independent third party websites which are not under our control and we are not responsible for and do not endorse the content of such linked websites, including any information or materials contained on such linked websites. You agree that your access to and/or use of such linked websites is entirely at your own risk and you will need to make your own independent judgment regarding your interaction with these linked websites.

 

DISCLAIMERS

 

WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

 

The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSS OF BUSINESS, REVENUE, PROFIT, USE, DATA OR OTHER ADVANTAGE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

Indemnity

 

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, holding company, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against us or suffered or incurred by us due to or arising out of or in connection with (1) your access of the Site and/or use of its services, or (2) any other party's access of the Site and/or use of its services using your user ID and/or login password, or (3) your breach of any of these Terms of Use, or (4) any other party's breach of any of these Terms of Use where such party was able to access the Site and/or use its services by using your user id and/or login password.

 

Violation of Terms of Use

 

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may also disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

 

You agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the Site, and the public.

 

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

 

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

 

If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

Assignment

 

You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

 

Governing Law and Dispute Resolution

 

By accessing or using the Site, you agree that such access or use, as well as these Terms of Use shall be governed by, and construed in accordance with, the laws of the Republic of Singapore without giving effect to any principles of conflicts of laws.

 

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

 

General

 

Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

 

Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms of Use, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

A person or entity who is not a party to these Terms of Use shall have no right to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.  For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

 

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your access to or use of the Site. 

 

You acknowledge and agree that any records (including records of any telephone conversations relating to your use of the Site, if any) maintained by us or our service providers relating to or in connection with the Site shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

 

We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations, if any, under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Site’s contents.

 

If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.

 

In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

 

These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

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