Terms and Conditions of Use
“Business Organisation” shall include any individual, sole proprietorship, corporation, company, partnership, limited liability partnership, firm, trustee, joint venture, syndicate, business enterprise, association or body of persons, corporate or unincorporated, carrying on any activity whether or not carried on for purposes of gain, or conducted on a regular, repetitive or continuous basis.
References to “CCN’s affiliates” or “affiliates” shall include CCN’s subsidiary, Cargo Community (Shanghai) Co., Ltd.
1 Application and Acceptance of the Terms
1.2 You shall not use the Services and shall not accept the Terms if:
1.2.1 You are not of legal age or do not have the legal capacity to form a binding contract with CCN, and/or are not an authorized representative of your Business Organisation having the authority to bind your Business Organisation to the Terms; or
1.2.2 You are not permitted to receive any Services under the laws of Singapore or other countries/regions including the country/region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that CCN may amend any of the Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms shall apply to you and your Business Organisation.
1.4 If CCN has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version shall govern your uses of the Services or the Sites.
1.5 You may be required to enter into separate agreement(s) with CCN for any Services (“Additional Agreement(s)“). If there is any conflict or inconsistency between the Terms and the Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 As part of the Services, CCN may make certain software applications available on the Sites (the “Applications”, each an “Application“). There are two (2) categories of the Applications, as follows: (i) those Applications that have been developed by CCN, and which are licensed to you by CCN (“CCN Applications”, each a “CCN Application“); and (ii) those Applications that have been developed, and are licensed to you, by a third-party software applications developer (“Third-Party Applications“, each a “Third-Party Application“).
1.7 CCN may subject the availability of a license to you in relation to any of the Applications on condition of payment and subject to other conditions that CCN may impose in its discretion from time to time. Prices for the Applications as quoted shall be final.
1.8 Your license to use each Application is subject to payment and other conditions that CCN may impose in its discretion (where relevant) and CCN’s end user license agreement (“End User License Agreement“) (as set out in the CCN Applications) and you agree that such terms shall apply unless the Application is covered by a valid end user license agreement entered into between you and the publisher of that Application (the “Publisher“), in which case the Publisher’s end user license agreement will apply to that Application. The Publisher reserves all rights in and to the Application not expressly granted to you.
1.9 You acknowledge that the license to each CCN’s product (including any of the CCN Applications) is a binding agreement between you and CCN. You acknowledge that once you acquire/access to a Third-Party Application, you are entering into a binding agreement directly with the Publisher governing your use of that Third-Party Application, and CCN is not a party to the license nor the binding agreement entered into between you and the Publisher with respect to that Third-Party Application. The Publisher of each Third-Party Application is solely responsible for that Third-Party Application, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Application.
2 Provision of Services
2.1 Each User must register on the Sites in order to access and use some Services. Further, CCN reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that CCN may impose in its discretion from time to time.
2.2 All information and/or documents available on the Sites are obtained from and supplied by relevant third parties who may also be the Users of the Sites. CCN does not represent or warrant that such information and/or documents are correct, accurate, current or complete, and all information and/or documents provided through the Sites shall be used at the Users’ own risk.
2.3 The Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available to all the Users. CCN may in its sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 CCN may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice. CCN may, at its sole discretion, refuse to provide the Services to anyone, at any time, without giving any reason.
3 Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
3.2 You agree that:
3.2.1 You shall not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any layout, information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Sites (the “Site Content“), and
3.2.2 You shall not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with CCN, or otherwise commercially exploits the Site Content.
3.3 Systematic retrieval of the Site Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through automatic or manual processes), without written permission from CCN, is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.4 CCN may allow the Users to access to content, products or services offered by third parties to such third parties’ websites (including the websites of other Users) (“Third Party Websites“). You are cautioned to read such Third Party Websites’ terms and conditions and/or privacy policies before using any of the Third Party Websites. You acknowledge that CCN has no control over such Third Party Websites, does not monitor such Third Party Websites, and shall not be responsible or liable to anyone for such Third Party Websites, or any content, products or services made available on such Third Party Websites.
3.5 You agree not to undertake any action which may undermine the integrity of the computer systems or networks of CCN and/or CCN’s vendors and/or any other Users nor to gain unauthorised access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of CCN’s feedback system (if applicable), such as leaving positive feedback for yourself through third parties or by leaving unsubstantiated negative feedback about CCN and any other Users.
3.7 By posting or displaying any information, content or material (“User Content“) on the Sites or providing any User Content to CCN, affiliates or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to CCN to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the Users. You confirm and warrant to CCN that you have all the rights, power and authority necessary to grant the above license. For the avoidance of doubt, the User Content shall be deemed to include all communications between the Users which have been made through the Sites.
4 User Accounts
4.1 A User must be registered on the Sites to access or use some of the Services.
4.2 Each User may select any number of individuals to act for and on its behalf (each a “registered User“). CCN may at its sole and absolute discretion assign an account and issue a user ID and password to each registered User. Unless otherwise expressly instructed by the Business Organisation, CCN shall be entitled to assume that the first registered User of the Business Organisation has the authority to register an account on behalf of the Business Organisation on the Sites. CCN may reject any application for registration for any reason at CCN’s sole and absolute discretion
4.3 You shall be solely responsible for ensuring that you maintain the confidentiality and security of your user ID and password and for all activities that occur under your account.
4.4 You shall not share, assign, or permit the use of your account, user ID or password by another person outside of your own Business Organisation. You agree to notify CCN immediately if you become aware of any unauthorised use of your password, or your account or any other breach of security of your account. Further, you agree to change your password immediately upon reasonable suspicion that the confidentiality of your password has been compromised.
4.5 You acknowledge that sharing your account with other persons (collectively, “Multiple Use“), may cause irreparable harm to CCN and/or other Users of the Sites. Your Business Organisation and you shall indemnify CCN, affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple Use of your account. You also agree that in case of the Multiple Use of your account or your failure to maintain the security of your account, CCN shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your account without liability to you.
4.6 You agree that all activities that occur under your accounts (including without limitation, adding or removing otherUsers, changes to any authorization levels of any of theUsers of your Business Organisation, offering information on the Users’ services, subscribing to, using or making any payment for any Services, Applications, or any other services of any other description provided by CCN or any third party, or communicating any information of any other description with any other User(s)) shall be deemed to have been authorized by you.
4.7 Each Business Organisation furthermore agrees to indemnify and hold CCN harmless against all breaches of Clauses 4.3, 4.4, 4.5 and 4.6 by its Users.
5 User’s Obligations
5.1 You represent, warrant and undertake that:
5.1.1 You have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder;
5.1.2 For individual and/or end consumer Users, you may use the Services to track your shipment; and
5.1.3 For Business Organisations, you shall use the Sites and Services for “business to business” purposes only.
5.2 You will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites or your use of any Services or the Users’ account. You represent, warrant and undertake that:
5.2.1 Such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or the Services are true, accurate, current and complete; and
5.2.2 You shall maintain and promptly amend all information and material to keep it true, accurate, current and complete at all times.
5.3 Upon becoming a User, you consent to the inclusion of the contact information about yourself on our Sites and authorize CCN to share such contact information with other Users, so as to allow other Users to contact you.
5.4 You represent, warrant and undertake that:
5.4.1 You shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that you submit, post or display;
5.4.2 Any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights“); and
5.4.3 You have the right and authority to provide the services described in the User Content and such provision of services does not violate any Third Party Rights or applicable laws and regulations.
5.5 You further represent, warrant and undertake that the User Content that you submit, post or display shall:
5.5.1 Be true, accurate, complete and lawful;
5.5.2 Not be false, misleading or deceptive;
5.5.3 Not contain information that is defamatory, libellous, threatening or harassing to others, obscene, objectionable, offensive, sexually explicit or harmful to minors;
5.5.4 Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.5.5 Not violate other Terms or any applicable terms provided under the Additional Agreement(s) (including but not limited to the End User License Agreement);
5.5.6 Not violate any applicable laws and regulations (including without limitation those laws governing import and export control, anti-corruption measures, competition laws, and/or false advertising) or promote any activities which may violate any applicable laws and regulations;
5.5.7 Not contain any link directly or indirectly to any other websites which include any content that may violate the Terms; and
5.5.8 Shall comply with all other requirements that CCN may, in its reasonable discretion, impose from time to time.
5.6 You further represent, warrant and undertake that you shall:
5.6.1 Carry on your activities on the Sites in compliance with any applicable laws and regulations (including without limitation those laws governing import and export control, anti-corruption measures, unfair competition, and/or false advertising);
5.6.2 Conduct your business transactions with other Users of the Sites in good faith;
5.6.3 Carry on your activities in accordance with the Terms and any applicable Additional Agreements;
5.6.4 Not use the Services or Sites to defraud any person or entity;
5.6.5 Not impersonate any person or entity, misrepresent yourself or your Business Organisation or any of its affiliates with any person or entity;
5.6.6 Not engage in spamming or phishing;
5.6.7 Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence or give rise to civil liability) or encourage or abet any unlawful activities;
5.6.8 Not attempt to copy, reproduce, exploit or expropriate CCN’s various proprietary directories, databases and listings;
5.6.9 Not introduce or cause to be introduced any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
5.6.10 Not attempt any scheme to undermine the integrity of the data, systems or networks used by CCN and/or any Users or gain unauthorized access to such data, systems or networks;
5.6.11 Not engage in any activities that would otherwise create any liability for CCN or our affiliates;
5.6.12 Not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites;
5.6.13 Not take any action which imposes an unreasonable or disproportionately large load on CCN’s infrastructure or the infrastructure of any of CCN’s vendors or other Users; and
5.6.14 Comply with all other requirements that CCN may, in its reasonable discretion, impose from time to time.
5.7 You shall not provide any services identical or substantially similar to the Services.
5.8 You agree to provide all necessary information, materials and approvals, and use all reasonable endeavours to render assistance and cooperation, to CCN and/or its affiliates.
5.9 The Users acknowledge and agree that CCN shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or the Sites. CCN does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. Each User is solely responsible for the contents of his/her/its communications and shall be held legally liable or accountable for the content of his/her/its comments or other material or information.
5.10 The User acknowledges and agrees that the Services may be used by:
(a) Business Organisations and their representatives for “business-to-business” use; or
(b) An individual end consumer for his/her personal use.
5.11 The Users acknowledge and agree that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Sites and Services are in compliance with the same.
5.12 You represent, warrant and undertake to ensure at all times that any information (including but not limited to User Content) you provide on the Sites is true, accurate and complete in all respects, is in compliance with Singapore laws and regulations and agree to be solely responsible for such information. You shall indemnify and hold CCN harmless against all and any claims (including but not limited to any third-party claims), expenses, costs, damages and losses arising out of or in connection with your breach of this Clause. CCN reserves the right to request for, and you shall be obliged to provide upon such request, any necessary information if CCN believes that you have provided any inaccurate, misleading or fraudulent information. Notwithstanding the foregoing, CCN reserves the right to terminate the agreement comprised under the Terms and cease the provision of the Services forthwith without further notice to you, in the event of such a breach of this Clause.
6 Breach of Terms
6.1 CCN reserves the right in its sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which CCN reasonably believes is unlawful, violates the Terms, which may subject CCN or its affiliates to liability, or is otherwise found inappropriate in CCN’s sole opinion.
6.2 If any User breaches any Terms or if CCN has reasonable grounds to believe that any User is in breach of any of the Terms, CCN shall have the right to impose restrictions on such User’s use of the Services, or suspend or terminate the User’s account or subscription of any Service without any liability to the User. CCN shall also have the right to restrict, refuse or ban any and all current or future use of any other Services that may be provided by CCN. The penalties that CCN may impose include, among others, suspend or terminate the availability of any or all of the Services, warnings, removing any service offering or other User Content that the User has submitted, posted or displayed, or imposing restrictions on the User’s use of any features or functions of any Service for such period as CCN may consider appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
6.3.1 Upon complaint or claim from any third party (including but not limited to any other Users), CCN has reasonable grounds to believe that such User has willfully or materially failed to perform your contract with such third party;
6.3.2 CCN has reasonable grounds to suspect that such User has used false or misleading information in any transaction with a counterparty;
6.3.3 CCN has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
6.3.4 CCN believes that the User’s actions may cause financial loss or legal liability to CCN or its affiliates or any other Users.
6.4 CCN reserves:
6.4.1 The right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing, or any other investigation conducted by a relevant government authority. Further, CCN may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. CCN shall not be liable for damages or results arising from such disclosure, and the Users agree not to bring any action or claim against CCN for such disclosure; and
6.4.2 The right to provide or disclose to any digital certification authority, regulatory authority, electronic, computer, telecommunication, financial or card institution, service provider and/or network provider involved in the operation or management of the Sites from time to time, and any information, whatsoever relating to your account as they may, in its discretion, consider necessary to provide or disclose.
6.5 If a User is in breach of the Terms, CCN also reserves the right to publish details of such breach on the Sites. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activity(ies), CCN also reserves the right to disclose the details of such breach to its affiliates. Such CCN’s affiliates may impose a limitation on, suspend or terminate the User’s use of all or part of any services provided by such affiliates to the User, take other remedial actions, and publish details about such User’s breach of the Terms on the websites operated by or controlled by such CCN’s affiliates.
6.6 CCN may, at any time and in its reasonable discretion, impose limitations on, suspend or terminate the User’s use of any Service or the Sites without being liable to the User if CCN has received notice that the User is in breach of any agreement or undertaking with any CCN’s affiliate and such breach by the User involves (or is reasonably suspected of involving) dishonest or fraudulent activity(ies). CCN shall have the right to publish details of such breach on the Sites. CCN shall not be required to investigate such breach or request confirmation of such breach from the User.
6.7 Each User further agrees that CCN is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material falls entirely on each respective User. CCN reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with CCN in asserting any available defences.
7 Transactions Between Users
7.1 Through the Sites, CCN provides electronic web-based platforms for exchanging information between the Users. CCN additionally provides electronic web-based transaction platforms for the Users to place, accept, conclude, manage and fulfil orders for products and services online within the Sites. However, CCN does not represent any User in specific transactions for any of the services. CCN does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered or displayed for on the Sites or the ability of the Users to perform the services or the ability of the Users to receive, enjoy, or accept the services.
7.2 The Users are hereby made aware that there may be risks of dealing with people acting under false pretences. CCN shall use reasonable means to verify the accuracy of certain information which is provided by the paying Users when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, CCN shall not be liable and take any responsibility for any omission/failure to verify any User’s purported identity (including, without limitation, paying Users). All Users shall deal with other Users at their own risk.
7.3 Each User acknowledges that it is fully assuming the risks of conducting any transactions in connection with using the Sites or the Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products and services that are the subject of transactions using the Sites. Such risks shall include but are not limited to, the lack of confidentiality of any information communicated between the Users on the Sites, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products or services, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the provision of the products or services offered on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that each User may incur costs of defence or other costs in connection with the third party(ies)’ assertion of Third Party Rights, or in connection with any claims by any Party that it is entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights’ claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by the Users of the Sites as a result of transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks“. Each User agrees that CCN shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
7.4 The Users are solely responsible for all the terms and conditions of the transactions conducted on, through or as a result of the use of the Sites or the Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 The Users agree to provide all information and materials as may be reasonably required by CCN in connection with your transactions conducted on, through or as a result of the use of the Sites or the Services. CCN has the right to suspend or terminate any User’s account if such User fails to provide the required information and materials.
7.6 In the event that any User has a dispute with any Party in relation to a transaction, such User agrees to release and indemnify CCN (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
8 Limitation of Liability
8.1 To the maximum extent permitted by law, the Services provided by CCN on or through the Sites are provided “as is”, “as available” and “with all faults”, and CCN hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of confidentiality, condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
8.2 To the maximum extent permitted by law, CCN makes no representations or warranties about the confidentiality, validity, accuracy, correctness, reliability, quality, stability, completeness or timeliness of any information provided on or through the sites; CCN does not represent or warrant that the products and services offered or displayed on the Sites do not violate any third party rights, and CCN makes no representations or warranties of any kind concerning any product or service offered or displayed on the Sites.
8.3 Any material downloaded or otherwise obtained through the Sites is done at each User’s sole discretion and risk and each User is solely responsible for any damage to CCN’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from CCN or through or from the Sites shall create any warranty not expressly stated herein.
8.4 The Sites may make available to Users, products and services provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall CCN and its affiliates be held liable for any such products and services.
8.5 Each User hereby agrees to indemnify and save CCN, CCN’s affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Sites or Services (including but not limited to the display of such User’s information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold harmless CCN, CCN’s affiliates, directors, officers, employees and representatives, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to CCN, including but not limited to those set forth in Clause 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save CCN, CCN’s affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights’ claimants or other third parties relating to products and services offered or displayed on the Sites. Each User hereby further agrees that CCN is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material falls entirely on the respective User. CCN reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with CCN in asserting any available defences.
8.7 CCN shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption and/or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
8.7.1 The use or the inability to use the Sites or Services;
8.7.2 Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
8.7.3 Violation of Third Party Rights or claims or demands that any User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites that may violate or may be asserted to violate Third Party Rights; or claims by any Party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
8.7.4 Unauthorised access by third parties to private or confidential data or information of any description of any User;
8.7.5 Statements or conduct of any User of the Sites; or
8.7.6 Any matters relating to the Services however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, save as a result of CCN’s fraudulent conduct, in no event shall CCN’s total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence or otherwise) arising from the Terms or your use of the Sites exceed, in the aggregate, United States dollars One Hundred (US$100.00). The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not CCN has been advised of or should have been aware of the possibility of any such losses arising.
9 Force Majeure
9.1 Under no circumstances shall CCN be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10 Intellectual Property Rights
10.1 CCN is the sole owner and/or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content (including but not limited to the copyright and trademarks in the organisation, graphics, text, sound, design, images, logos, buttons, icons, and software) embody trade secrets and other intellectual property rights protected under worldwide copyright and other intellectual property laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with CCN, CCN’s affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by CCN are hereby reserved.
10.2 “CCN” and related icons and logos are registered trademarks or trademarks or service marks of CCN in various jurisdictions and are protected under the applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks are strictly prohibited.
10.3 CCN may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such third parties.
11 Privacy & Personal Data
11.1 You agree that all information and/or particulars sent or submitted to us during the registration and/or the use of the Sites (including all User Content) is non-confidential and non-proprietary.
11.2 By using, accessing and/or submitting information to us or to the Sites, you agree and consent to CCN and its related corporations and affiliates, collecting, using, disclosing any personal data which you may provide to us for the purposes of facilliating your use of and access to the Sites and any services. You further agree that we may collect, use and/or disclose your personal data without your consent, where permitted by applicable law.
11.3 Any consents you may have provided in connection with these Terms are cumulative and are in additional to any rights which we may have under applicable law to handle or process your personal data.
11.4 In the course of using or accessing the Sites, you may access Third Party Websites and/or enter into Transactions with other Users (subject to Clause 7 above). CCN shall not be responsible for any personal data which you may submit or disclose directly to other users or Third Party Websites, whether or not such data is transmitted through the Sites or via any other medium.
12.1 All legal notices or demands to or upon CCN shall be made in writing and sent to CCN personally, by courier, certified mail, or facsimile to the following address: 77 Science Park Drive #03-18 Cintech III Singapore 118256 (Fax: (65) 67762660) Attn: Vice President Finance and Administration. The notices shall be effective when they are received by CCN in any of the above-mentioned manners.
12.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to CCN, or by posting such notice or demand on those areas of the Sites that are publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
12.2.1 CCN is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
12.2.2 Immediately upon CCN posting of such notice on those areas of the Sites that are publicly accessible without charge.
12.3 You agree that all agreements, notices, demands, disclosures and other communications that CCN sends to you electronically satisfy the legal requirement that such communication should be in writing.
13. Links to Other Sites
13.1 The Sites may contain links to other websites which are not maintained by CCN. Similarly, other websites may contain links to the Sites. CCN is not responsible for the contents of those websites and shall not be liable for any loss, damages or injury arising from the access to and use of contents of those websites. Any links to other websites are provided as a convenience to you as a User of the Sites, and does not imply the endorsement by CCN of the linked websites or association with their operators. CCN disclaims all responsibility and liability for the use of linked websites, which you shall access and use at your own risk.
13.2 Any User or third party that wishes to establish links to the Sites should notify CCN of their intention prior to doing so. CCN may deny permission for any such links to the Sites. If however, CCN gives its permission for any such links, CCN is not under any obligation to establish reciprocal links with the third party.
14 General Provisions
14.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and CCN with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
14.2 CCN, the Business Organisations and the Users are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. In particular, CCN is not an agent of any Party to any transaction and does not have the authority to represent any Party and does not purport to do so.
14.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions to the fullest extent available under the law shall remain valid and be enforced.
14.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
14.5 CCN’s failure to enforce any right or failure to act with respect to any breach by you under the Terms shall not constitute a waiver of that right nor a waiver of CCN’s right to act with respect to subsequent or similar breaches.
14.6 CCN shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of CCN). The Business Organisations and you shall, without the prior written consent of CCN, not assign, in whole or part, the rights and obligations provided under the Terms to any person or entity.
14.7 The Terms shall be governed by the laws of Singapore without regard to its conflict of law provisions. The Parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Singapore.
14.8 A person who is not a Party to the Terms has no right under the Contracts (Rights of Third parties) Act, Chapter 53B of Singapore (the “Third Parties Act“), to enforce any term of the Terms except and to the extent that the provisions contained herein expressly provide for the Third Parties Act to apply to them.
14.9 CCN shall not be held responsible for any typographical errors or misprint under the Terms.