[200819117R]). References to “Documents” refer to technical documents, specification, templates, whitepapers and guidelines which are available for download on the WBA site. Section headings are provided for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.
1. ACCESS AND USE
You agree not to assert any claim over ownership including intellectual property rights (including copyrights and database rights) of any material available on the WBA Site (the “Content”). You agree not to act in any way inconsistent with WBA or its licensors being the owner of all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content. You may retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
You may not use the WBA site and/or the Documents for any purpose not expressly set out above. Without limitation, you may not do (nor permit any third party to do) any of the following without WBA’s prior written consent:
- reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the contents;
- redistribute any of the contents, (including by using it as part of any syndication, content aggregation, archive or similar service);
- remove the copyright or trade mark notice from any copies of contents made under these Terms & Conditions;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the contents;
- deep link to, frame, spider, harvest or scrape the contents or otherwise access the contents for similar purposes; or
- use any machine, electronic, web based or similar device to read or extract the contents by automated or machine based means.
2. REGISTRATION AND PRIVACY
On registration, you must provide WBA with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable WBA site registration pages. WBA is entitled to rely on any information you provide to us and to use any information, including personal data supplied by you, for the purposes of operating and controlling this site and providing the services offered by the site.
Each registration is for a single user only. On registration, you will choose a user name and password (“ID”). WBA does not permit any other person sharing your user name and password or access through a single name and password being made available to multiple users on a network. WBA may cancel or suspend your access to the WBA site if you do this, without further obligation to you.
You are responsible for all use of the WBA site made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify WBA immediately by e-mailing ‘ email@example.com’. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
Your supply of personal data (meaning information which identifies you as an individual, or which is capable of identifying you as an individual, such as cookies) indicates your consent to our use of such personal data.
Any communication or material transmitted to the site by email or otherwise, including any data, questions, comments, suggestions or similar type of information is, and will be treated, as non-confidential and non-proprietary. Anything transmitted or posted may be used by WBA, its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
Information Provided By Users
You undertake that any information or data you supply to this site:
- shall not be false, inaccurate or misleading;
- shall not be fraudulent or involve the representation of counterfeit or stolen items;
- shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair
- competition, antidiscrimination or false advertising);
- shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- shall not be obscene or contain pornography;
- shall not contain any viruses or other computer programming routines that may or will damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
- shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers; or
- shall not be such as to cause us to violate any applicable law, statute, ordinance or regulation or bring us into disrepute with any professional body, trade organisation, government department or inter-governmental organisation.
WBA may terminate your ID and/or your access to all or any services with immediate effect at any time in the sole and absolute discretion of WBA without any obligation to assign any reason to such action.
3. SERVICES AND THIRD PARTY SITES
You understand that all Documents or other third-party materials (“Third-Party Content”) posted on, transmitted through, or linked from the services are the sole responsibility of the person or organization from whom such Third Party Content originated. WBA does not actively review or edit and cannot and do not endorse, and cannot be responsible for, the messages, views, opinions, research and recommendations of individuals, users, and organisations of deemed interest, or advocate any commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion on this website of a link to other internet website(s) or resources imply any form of endorsement by WBA. While the information on this website has been obtained from sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons. By making available information and data pursuant on this website, including facts, views, opinions and recommendations of individuals and organisations of deemed interest, WBA is not giving or purporting to give or representing or holding itself out as giving professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
You also understand that WBA does not control and is not responsible for Third-Party Content made available through this website, and that by using WBA, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. The information and data available on this website presented in text, graphics or whatever form, may include inaccuracies or errors and WBA reserves the right to periodically make changes to the information or data on this website.
4. UNDERTAKINGS AND LIMITATION OF LIABILITY
Notwithstanding anything in these Terms & Conditions, all Documents are provided on an ‘as is’ basis without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, or non-infringement. In addition, the WBA (and all other organisations who may have contributed to this document) makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information. The information may contain technical inaccuracies or typographical errors. All liabilities of the WBA (and all other organisations who may have contributed to this document) howsoever arising for any such inaccuracies, errors, incompleteness, suitability, merchantability, fitness and non-infringement are expressly excluded to the fullest extent permitted by law. None of the contributors make any representation or offer to license any of their intellectual property rights to the other, or to any third party. Nothing in this information or communication shall be relied on by any recipient.
The WBA also disclaims any responsibility for identifying the existence of or for evaluating the applicability of any claimed copyrights, patents, patent applications, or other intellectual property rights, and will take no position on the validity or scope of any such rights. The WBA takes no position regarding the validity or scope of any intellectual property or other rights that might be claimed to pertain to the implementation or use of the technology described in this document or the extent to which any license under such rights might or might not be available; nor does it represent that it has made any effort to identify any such rights.
Neither the WBA nor any of the other organisations who may have contributed to this document will be liable for loss or damage arising out of or in connection with the use of this information. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third-parties.
WBA assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property, including data, on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. WBA does not warrant that this site, its servers or any email sent on its behalf are free from viruses or other harmful components. You are required to take all appropriate safeguards before downloading information from this site.
Although reasonable endeavours are used to maintain this site, WBA shall not be liable for any losses caused by failure or stoppage of the site for any reason, including without limitation virus contamination, deliberate damage by hackers, failure of hardware software or systems, power failure, failure of telecommunications lines or any criminal activity of a third-party.
Without limiting the above, WBA is not liable for matters beyond its reasonable control. WBA does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third-parties.
Notwithstanding anything else contained in the provisions of this Section 4, WBA’ s liability will not be limited in the case of death or personal injury directly caused by WBA’s negligence.
You agree to defend, indemnify, and hold harmless WBA, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any and all liabilities, claims and expenses, including without limitation legal and accounting fees (on a full indemnity basis), that directly or indirectly arise from or in connection with but not limited to, your acts, omissions and errors and wilful negligence, your breach of this Terms & Conditions, access to and use of this website or any service, or Third Party Content. WBA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to WBA in that matter. This section regarding Indemnification shall survive termination of your ID.
6. CHOICE OF LAW AND JURISDICTION
These Terms & Conditions shall be governed by, and construed in accordance with, the law of Singapore.
To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of Singapore shall (subject to the paragraph below) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of Singapore.
For the exclusive benefit of WBA and to the extent possible in the applicable jurisdiction, WBA shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms & Conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms & Conditions or (if different) the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms & Conditions.
If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.
You agree that this Terms & Conditions is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms & Conditions. WBA’s obligations are subject to existing laws and legal process and WBA may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
Failure by either party to exercise any right or remedy under these Terms & Conditions does not constitute a waiver of that right or remedy. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or effect.
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