Please read the following Website Terms and Conditions carefully (including our Privacy Policy) (collectively “Website Conditions”) before using this Site, so that you are aware of your legal rights and obligations with respect to Schmid Telecom Singapore Pte Ltd and/or its related entities, affiliates and subsidiaries (individually and collectively, "STS").  By your access of this Site, you hereby agree to be legally bound by these Website Conditions.  

1.Agreement

1.1 You hereby represent and warrant that: 

• you have read and agree to these Website Conditions and our Privacy Policy;
• you have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are accessing this Site, and contracting on behalf of corporate entity
• you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and
• all of the information provided by you to STS (including without limitation personal particulars and contact information) is accurate and complete.

1.2 STS reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site at any time.  STS may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

1.3 STS may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site.  Any use of the website 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.

2. Definitions

2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:

• “Account” means a registered account of a Member opened under this Site.
• “Agreement” means the agreement formed by these Website Conditions and the Privacy Policy, and in the case of a Member, by these Website Conditions, the Privacy Policy and the Member Conditions.
• “Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
• “Content” means materials, information, data, input, text, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content. 
• “Member” means a registered member of the Site.  “Member Conditions” means the terms and conditions applicable to Members accessible here. 
• “Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
• “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services. 
• “Services” is defined in Clause 3.2.
• “Site” means the STS website containing the link to these Website Conditions.
• “STS Content" means all Content of STS that is made available on or via this Site or an STS website.  “User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.

2.2 The words “include” and “including” shall not be construed as having any limiting effect.

2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

3. Site and Services 

3.1 The Site is maintained by STS.  

3.2 STS may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):

• data storage platform to Customers; 
• message boards, online communication tools;
• online store with components;
• email alerts; and
• any other features, content or applications that STS may offer on or through the Site from time to time in its sole and absolute discretion.

3.3 You acknowledge and agree that to access and use certain Services, you will be required to be registered as a Member and additionally shall be bound to strictly comply with the Member Conditions in addition to these Website Conditions. 

4. Content Use Conditions

4.1 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 Site;
• any STS Content.

4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, STS 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 STS.

4.3 You may for your personal use: 

• retrieve and display STS Content on any compatible device owned by your entity; 
• print a single copy of STS Content on paper (but not photocopy them); and 
• store such STS Content in electronic form on disk or on a mobile device owned by your entity (but not on any server or other storage device connected to a network). 

4.4 All STS Content are the copyrighted work of STS or its content or software providers, and STS reserves and retains all rights in the STS Content.  Use of some STS Content may be governed by the terms of an accompanying end user license agreement.

4.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any STS Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or STS in writing. 

5. Intellectual Property

5.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all STS Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with STS.

5.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of STS or other third parties, and all rights to the Marks are expressly reserved by STS or relevant third parties.  You are not permitted to use any Marks without the prior written consent of STS or such third party.  STS and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law.  The name of STS 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 STS.  

5.3 The domain name on which the Site is hosted on is the sole property of STS and you may not use or otherwise adopt a similar name for your own use. 

6. Online Conduct

6.1 You hereby undertake:

• to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by STS from time to time (which are hereby incorporated by reference into these Website Conditions);
• not to use any Service or STS Content for any unlawful purpose, and to 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 Site, 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 Member at any time, whether with or without his/her permission.

7. Disclaimers & Limitations

7.1 While we make every effort to ensure that all STS Content displayed on the Site is accurate and complete, we provide the STS 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, STS 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, STS does not warrant that the functions contained in or access to the Site, Services, STS Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, STS Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any STS Content in or with any Computer will not affect the functionality or performance of the Computer.  STS does not warrant or make any representations regarding the use or the results of the use of the STS Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise.  You (and not STS) 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 STS liable for the loss of any of your User Content that is due to any circumstances beyond the control of STS.

7.2 You agree that: 

• STS 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 Site or Services without assigning any reason; and
• access to or the operation of the Site, 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, STS shall not be liable for any loss, liability or damage which may be incurred as a result.

7.3 In no event shall STS 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 STS Content, any Computers, the Site, or any other website.  In the event that STS is liable for damages despite the foregoing provision, you agree that STS’s aggregate liability to you for any and all causes of action in relation to the STS Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to STS for the one (1) month period immediately preceding the time such liability arose.

7.4 Under no circumstances, including, but not limited to, negligence, shall STS be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the STS Content, Services, Site, or any other website, even if STS or a STS authorised representative has been advised of, or should have foreseen, the possibility of such damages.  

7.5 To the maximum extent permitted by applicable law, STS disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.

7.6 You agree that the above exclusions and limitations of liability enable the Services and the STS Content to be provided by STS at either reasonable costs or no costs to you.

8. Termination

8.1 You agree that STS 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 Site or Services, without assigning any reason. 

 9. Jurisdictional Issues

9.1 This Site is operated by STS in Singapore.  STS makes no representation that the Contents of the Site are appropriate or available for use in your location.  Those who choose to access this Site 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. 

10. Indemnity

10.1 You agree to indemnify and hold STS, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of: 

• any use of the Site or any Service; 
• your connection to the Site;
• your breach of any terms and conditions of these Website Conditions; or
• your breach of any statutory requirement, duty or law.

11. Severability

11.1 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.

12. Relationship of Parties

12.1 Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between STS and you and neither party shall have any authority to bind the other in any way.

13. Waiver

13.1 No waiver of any rights or remedies by STS shall be effective unless made in writing and signed by an authorised representative of STS.

13.2 A failure by STS 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.

14. Rights of Third Parties

14.1 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.  

15. Force Majeure

15.1 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. 

15.2 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.

16. Governing Law & Jurisdiction

16.1 These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law. 

16.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts. (Last updated on January 23, 2020)