Last updated May 2021

 

The following are terms of use and constitute a legally binding contract (“Contract”) between you (whether as an individual, a corporate entity of any kind, and/or an electronic agent) and Netrust Pte Ltd including its subsidiaries (collectively hereinafter referred to as “Netrust”). Accessing, viewing, browsing, downloading, copying, displaying or interacting in any manner with this web site (“Site”) by you constitutes a “Use” (also referred to as “Using,” or “Used”) of this Site. You understand and agree that your Use of this Site serves to acknowledge that you have read this Contract, understand it and clearly and unreservedly agree to be legally bound by its terms and conditions. Your Use also clearly indicates that you also agree to fully comply with all applicable laws and regulations. Netrust, at its sole discretion, reserves the right to change and/or amend the terms and conditions contained in this Contract at any time and is not obligated to provide you with advance notice. You further understand and agree that it is your sole responsibility to periodically review these terms and conditions, the latest version of which shall be available at this URL. If at any time you do not agree to any or all of these terms and conditions, you may not Use this Site in any way. Your Use of this Site also serves to clearly manifest that you acknowledge and agree that the material provided in this Site is protected by law.

THIS CONTRACT DOES NOT ALTER IN ANY WAY THE TERMS AND CONDITIONS OF ANY OTHER CONTRACT YOU MAY HAVE WITH NETRUST UNLESS AN EXPLICIT WRITTEN AGREEMENT TO THE CONTRARY IS EXECUTED. You acknowledge and agree that Netrust is the sole arbiter of whether any Use is prohibited and constitutes a breach of this Contract. If Netrust determines that you breached this Contract, your permission to Use this Site automatically and immediately terminates and you must immediately destroy any and all downloaded or printed materials and immediately discontinue Use of any hyperlinks to this Site. Netrust is not required to provide you with any notice or any explanation for terminating or limiting your permission to Use this Site. Furthermore, Netrust may have additional remedies at law that are available to it and Netrust reserves the right to exercise them at any time.

BY ACCESSING OR USING ANY NETRUST SERVICES YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THESE TERMS AND OUR DATA COLLECTION POLICY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND ANY ACCOMPANYING RISKS AND OBLIGATIONS.

 

USE RESTRICTIONS

Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Netrust Pte Ltd, ALL RIGHTS RESERVED, or by the original creator of the material. You are granted permission to display, copy, distribute, and download the materials on this Site for personal, noncommercial Use only, provided you do not modify the materials and that you keep the copyright and other proprietary notices contained in the materials. You may not “mirror” any material contained on this Site on any other server, or deep link into any other page on this Site without prior express, written permission from Netrust. Any unauthorized Use of any material contained on this Site may be violative of copyright laws, trademark laws, the laws of privacy, publicity, communications regulations and statutes and constitutes a breach of this Contract.

Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Netrust. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Netrust, and may not be copied, imitated or Used, in whole or in part, without the prior written permission of Netrust. You understand and acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Netrust or the Trademark owner. Nothing in this Contract shall confer in you any right of ownership to any of the Trademarks. Furthermore, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Netrust or the Trademark owner. The misuse of the Trademarks displayed on this Site, or any other content on the Site, is strictly prohibited and violation thereof is a breach of this Contract.

Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page (also known as “home page”) of this Site and does not portray Netrust or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Netrust at any time for any reason whatsoever with or without notice. You may not employ framing techniques to enclose any Netrust trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Netrust’s express written consent. Links to third party sites on this Site are provided solely as a convenience to you. If you Use these links, you will leave this Site. Netrust has not reviewed any or all of these third party sites, does not monitor, does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Netrust does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you acknowledge and agree that you do so entirely at your own risk. Furthermore, you acknowledge and agree that Netrust shall at no time be responsible or liable under any circumstances or theories, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the Use of or reliance on any such third party sites.

Downloadable Materials. Any software, including codes or other materials that are made available to download from this Site, are the copyrighted work of Netrust and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the end-user license agreement (“EULA”) that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable EULA.

Limited Access. Except as otherwise expressly permitted by Netrust in this Contract, any access or attempt to access other areas of the Netrust computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use, directly or indirectly, any robot, spider, other automatic method or means, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without Netrust’s prior, express, and written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that Netrust determines imposes an unreasonable or disproportionately large load on any components of its computer infrastructure.

Additional Use Restrictions. You may not post, intercept, transmit, e-mail, re-transmit or store material on, from and/or through the Site which, in the sole judgment of Netrust: (i) violates any law or regulation, (ii) is threatening, harassing, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you. You shall be solely responsible for determining what laws or regulations are applicable to your Use of this Site. In addition, you may only Use this Site in a manner that, in Netrust’s sole judgment, is consistent with the purposes of this Site. If you are unsure of whether any contemplated Use or action is permitted, please contact Netrust at customersupport@netrust.net. By way of example, and not limitation, the following Uses are expressly prohibited:

a.     upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related information and/or merchandising are strictly prohibited, including providing links to pornographic content elsewhere;

b.     harm minors in any way;

c.     impersonate any person or entity, including, but not limited to, a Netrust employee, officer, director or agent 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 this Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

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;

f.     upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary and/or confidentiality 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;

h.     upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, surveil, or limit the functionality and/or capacity of any Netrust computer software or hardware or telecommunications equipment;

i.     interfere with or disrupt Netrust servers or networks or disobey any requirements, procedures, policies or regulations of those networks;

j.     intentionally or unintentionally violate any applicable local, state, national or international law;

k.     “stalk” or otherwise harass another person(s);

l.     promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites; and

m.     effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

 

DISCLAIMER WARRANTY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS”. NETRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. NETRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND NETRUST MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. NETRUST DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. NETRUST DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL NETRUST, ITS AFFILIATES, BUSINESS PARTNERS, SUPPLIERS, PARTIES MENTIONED IN THE SITE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

 

INDEMNIFICATION BY YOU

You agree to indemnify, defend and hold Netrust, its affiliates, business partners, officers, directors, employees, agents and assigns harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your Use of this Site or breach of this Contract. Netrust reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

 

PRIVACY STATEMENT

You have read and agree to all of the terms and conditions of our Privacy Statement, which is available by clicking on Privacy Statement.

 

GOVERNMENT RESTRICTED RIGHTS

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of Netrust’s or other owner’s proprietary rights in them.

 

REVISIONS TO THIS CONTRACT

Netrust may revise this Contract at any time without notice by updating this posting. By Using this Site you agree to be bound by and to any such revisions and you therefore understand that you should periodically visit this Site and page to determine the then current terms and conditions of Use to which you are bound.

 

TRANSMISSIONS

Due to the inherent hazards of electronic distribution, this Web Site and the Services may be unavailable from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of Netrust or any third party) or other disruptions. Netrust shall not be liable to users or any third parties for any losses or damages suffered as a result thereof. As information transmitted through the Internet in general is not confidential, Netrust cannot guarantee the privacy or protection of the user. In addition, all information submitted through this Web Site and/or the Services may be unsecured and shall be treated as non-confidential and non-proprietary. Furthermore, you undertake not to submit any information or materials through this Web Site and/or the Services that are or may be offensive, illegal or which may not be lawfully disseminated under the laws of the Republic of Singapore or any other country or which submission has not been consented to by such persons entitled to object to the submission of such information or materials.

 

NOTICE OF COPYRIGHT INFRINGEMENT

It is Netrust’s policy to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this Site in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  1. a.     A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. b.     Identification of the copyrighted work claimed to have been infringed.
  3. c.     Identification of the material on our Site that is claimed to be infringing or to be the subject of infringing activity.
  4. d.     The address, telephone number or e-mail address of the complaining party.
  5. e.     A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. f.     A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

 

APPLICABLE LAWS & MISCELLANEOUS

If any provision(s) in this Contract is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect Netrust’s intentions with the other provisions remaining in full force and effect. Netrust’s failure to exercise or enforce any right or provision of this Contract shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Netrust in writing. The section titles in this Contract are solely used for convenience and have no legal or contractual significance. This Contract may be assigned in whole or in part by Netrust. This Contract may not be assigned in any manner by you. The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement(including a dispute regarding the existence, validity or termination of this Agreement (a “Dispute”).You agree that the courts of Singapore are the most appropriate and convenient courts to settle Disputes and accordingly no Party will argue to the contrary.

 

NO UNLAWFUL OR PROHIBITED USE

You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Netrust’s server or interfere with any other party’s use and enjoyment of any Services. If a provision in these Terms is found to be unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted, reflecting the initial intent.

You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.