|
1. ACCEPTANCE OF TERMS
Thank you for visiting MontroseChina.com! In using the services
that MontroseChina.com provides herein, you agree at all times
to be bound by the following terms and conditions of service
("TOS"), which may be updated by us at our complete and absolute
discretion from time to time without notice to you. In addition,
when using particular MontroseChina.com services, you shall be
subjected to any posted guidelines applicable to such services.
All such guidelines are hereby incorporated into the TOS.
2. DESCRIPTION OF SERVICE
MontroseChina.com currently provides users with access to a collection
of on-line resources, including, various premium wines,
shopping services and personalized content (the "Service").
Unless explicitly stated otherwise, new features not otherwise
included at present, but are subsequently included augment
or enhance the current Service, including the release of new
MontroseChina.com services, shall subjected have its application
and use subject to the TOS. You understand and agree that
the Service is provided on an "AS-IS-WHERE-IS" and
"AS-AVAILABLE" basis. MontroseChina.com, in relation to the Service,
assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization
settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration for the use of the Service, you agree to:-
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide
any information that is in breach of this Section, or MontroseChina.com
has reasonable grounds to suspect that this Section has been
breached, inaccurate, not current or incomplete, MontroseChina.com
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
thereof).
4. CREDIT FACILITY
You represent and warrant that you are duly authorised
to carry out transactions with MontroseChina.com on behalf of
the organisation whom you represent. You and such organisation
shall irrevocably and unconditionally, jointly and severally
indemnify for all losses damages and expenses incurrred
by MontroseChina.com arising out of or in connection with any
use of this Website by you or your organisation (including
but not limited to any unauthorised utilisation of the credit
limit granted to your organisation) or any breach of the terms
and conditions herein.
5. MontroseChina.com PRIVACY POLICY
Pursuant to MontroseChina.com privacy policy, we may disclose
to third parties certain aggregate information contained in
your Registration Data or related data, provided that, such
information will NOT include personal identification, except
as specifically authorized by you or in MontroseChina.com's good
faith belief that such action is reasonably necessary to comply
with the law, legal process, or to enforce the TOS.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to:-
(a) immediately notify MontroseChina.com of any unauthorized
use of your password or account or any other breach of security;
and
(b) ensure that you exit from your account at the end
of each session. MontroseChina.com cannot and will not be liable
for any loss or damage arising from your failure to comply
with this Section 6.
7. MEMBER'S CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not
MontroseChina.com, are entirely responsible for all Content that
you upload, post, e-mail or otherwise transmit via the Service.
MontroseChina.com does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive,
indecent or objectionable. You represent and undertake that
under no circumstances shall MontroseChina.com be liable in any
way for any Content, including, but not limited to any liability
in tort or otherwise for defamation or libel, any errors or
omissions in any Content, or any loss or damage of any kind
incurred as a result of the use of any Content posted, e-mailed
or otherwise transmitted via the Service. You agree to not
use the Service to:
(a) upload, post, e-mail or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but
not limited to, a MontroseChina.com official, forum leader, guide
or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
(d) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
(e) upload, post, e-mail or otherwise transmit any
Content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
(f) upload, post, e-mail or otherwise transmit any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas that
are designated for such purpose;
(h) upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Service are able
to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Service;
(k) intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the Singapore Stock
Exchange, any rules of any national or other securities exchange,
including, without limitation, and any regulations having
the force of law;
(l) "stalk" or otherwise harass another; or
(m) collect or store personal data about other users.
MontroseChina.com reserves the right at all times to alter and/or
remove without any prior reference with the originator of
the Content, any Content that MontroseChina.com with its agents,
in its absolute and complete discretion, considers, and without
any duty or obligation to give any reason or notice whatsoever,
to be in breach of the undertakings given in Sections 7(a)
to (m), or in breach of any public policy.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported
from Singapore or the country in which you reside.
9. CONTENT SUBMITTED TO MontroseChina.com
MontroseChina.com does not own the Content that you submit, unless
we specifically tell you otherwise before you submit it. You
license the Content to MontroseChina.com as set forth below for
the purpose of displaying and distributing such Content on
our network and for the promotion and marketing of our services.
By submitting Content to any MontroseChina.com property, you automatically
grant, or warrant that the owner of such Content has expressly
granted, MontroseChina.com the royalty-free, perpetual, irrevocable,
non-exclusive and fully sub licensable right and license to
use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such
Content (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known
or later developed. You acknowledge that MontroseChina.com does
not pre-screen Content, but that MontroseChina.com and its designees
shall have the right (but not the obligation) in their sole
discretion to refuse, edit, move or remove any Content that
is publicly available via the Service. Without limiting the
foregoing, MontroseChina.com and its designees shall have the
right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you
may not rely and MontroseChina.com shall not be liable to you
in any way if you do, on any Content created by MontroseChina.com
or submitted to MontroseChina.com, including without limitation
information in MontroseChina.com Message Boards and in all other
parts of the Service.
10. INDEMNITY
You agree to indemnify and hold MontroseChina.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners
and employees harmless from any claim or demand, including
lawyers' fees, made by any third party due to or arising out
of your Content, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation
of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MontroseChina.com may establish general practices
and limits concerning the use of the Service, including without
limitation the maximum number of days that e-mail messages,
message board postings or other uploaded Content will be retained
by the Service, the maximum number of e-mail messages that
may be sent from or received by an account on the Service,
the maximum size of any e-mail message that may be sent from
or received by an account on the Service, the maximum disk
space that will be allotted on MontroseChina.com''s servers on
your behalf, and the maximum number of times (and the maximum
duration for which) you may have access to the Service in
a given period of time. You agree that MontroseChina.com has no
responsibility or liability for the deletion or failure to
store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge
that MontroseChina.com reserves the right to log off accounts
that are inactive for any length of time which MontroseChina.com
in its absolute complete discretion considers to be extended.
You further acknowledge that MontroseChina.com reserves the right
to change these general practices and limits at any time,
in its sole discretion, with or without notice.
13. MODIFICATIONS TO SERVICE
MontroseChina.com reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that MontroseChina.com shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of the Service.
14. TERMINATION
You agree that MontroseChina.com, in its sole discretion, may
terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation,
lack of use or if MontroseChina.com believes that you have violated
or acted inconsistently with the letter or spirit of the TOS.
MontroseChina.com may also in its sole and complete discretion
and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge
and agree that MontroseChina.com may immediately deactivate or
delete your account and all related information and files
in your account and/or bar any further access to such files
or the Service. Further, you agree that MontroseChina.com shall
not be liable to you or any third-party for any termination
of your access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such advertiser. You agree that MontroseChina.com shall not be
responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. You acknowledge
that MontroseChina.com has no control over such sites and resources
and you agree that MontroseChina.com is not responsible for the
availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and
agree that MontroseChina.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through
any such site or resource.
17. MontroseChina.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by MontroseChina.com or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in
part.
MontroseChina.com grants you a personal, non-transferable and
non-exclusive right and license to use the object code of
its Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the
interface that is provided by MontroseChina.com for use in accessing
the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS-IS-WHERE-IS" AND "AS AVAILABLE"
BASIS. MontroseChina.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. MontroseChina.com MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MontroseChina.com OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MontroseChina.com SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MontroseChina.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. SECTIONS 17 AND 18 SHALL BE LIMITED
ONLY TO THE EXTENT OF THE LIMITATION OF SUCH EXCLUSIONS AT
LAW IN THAT APPLICABLE JURISDICTIONS.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities,
you shall without prejudice to the generality of Sections
17 and 18, draw the users or readers to the principle, "Let
the investor beware". You accept that the Service is provided
for informational purposes only, and no Content included in
the Service is intended for trading or investing purposes.
MontroseChina.com shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted
via the Service, and shall not be responsible or liable for
any trading or investment decisions made based on such information.
22. NOTICE
Any changes to the TOS or other matters may be communicated
to you via e-mail, regular mail, notices or links to notices
displayed on our web site. Save that even if we do not inform
you of any changes to the TOS, such changes shall nonetheless
be valid, enforceable and binding against you.
23. TRADEMARK INFORMATION
MontroseChina.com, the MontroseChina.com logo, MontroseChina.com in Chinese
Characters, and other MontroseChina.com logos and product and
service names are trademarks of MontroseChina.com Pte Ltd (the
"MontroseChina.com Marks"). Without MontroseChina.com's prior permission,
you agree not to display or use in any manner, the MontroseChina.com
Marks without MontroseChina.com's permission in writing.
24. COPYRIGHTS and COPYRIGHT AGENTS
MontroseChina.com respects the intellectual property of others,
and we ask our users to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
please contact MontroseChina.com.
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MontroseChina.com
and govern your use of the Service, superceding any prior
agreements between you and MontroseChina.com. All references to
"You" in this TOS shall include references to you and your
organization. You also may be subject to additional terms
and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and MontroseChina.com shall be governed
by the laws of the Republic of Singapore. You and MontroseChina.com
agree to submit to the personal and exclusive jurisdiction
of the courts located within the Republic of Singapore. The
failure of MontroseChina.com to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of
or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the TOS
are for convenience only and have no legal or contractual
effect.
|
