1. APPLICATION OF TERMS
1.1 These Terms apply to your use the Website and the Company. By accessing and using the Website.
a. You agree to these Terms; and
b. Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
In these Terms:
Including and similar wards do not imply any limit
‘Loss’ includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
‘Personal Information’ means information about an identifiable, living person, and includes personal data, personally identifiably information and equivalent information under applicable privacy and data protection laws
‘Underlying System’ means any network, system, software, data or material that underlies or is connected to the Website
‘We’ us or our means E Gen Innovative Nouvelles Creations
‘Website’ means www.egeninc.com.sg
‘You’ means you, or if clause 1.1.b. applies, both you and the other person on whose behalf you are acting
4. YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org.
4.3 You must:
a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com.
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5. INTELLECTUAL PROPERTY
5.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
5.2 No material from this Website shall be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way without our prior written consent. Graphics and images on this Website, including the logo and related images, are protected by copyright and may not be reproduced or appropriated in any manner without prior written consent.
5.3 Modification of any of the materials or use of any of the materials for any other purpose will be a violation of our copyright and other intellectual property rights.
5.4 Any unauthorised use of the Website or the materials thereon is strictly prohibited.
5.5 Other products and company names mentioned herein may also be the trademarks of their respective owners.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a.the Website being unavailable (in whole or in part) or performing slowly;
b.any error in, or omission from, any information made available through the Website;
c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d. any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
6.3 Third party content may appear on the Website or may be accessible via links from the Website. We shall not be responsible and assumes no liability for any infringement, mistakes, misstatements of law, defamation, libel, slander, omissions, falsehood or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website.
6.4 You agree that all information and/or particulars sent or submitted by you to us in relation to the access of this Website is non-confidential and non-proprietary unless otherwise expressly indicated by you. You further undertake not to submit any information and/or other materials which are or may be offensive, illegal or which may not be lawfully disseminated under the laws of Singapore or any other relevant country.
6.5 This Website, the Services and the Products, the information on the Website and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
6.6 While we may use reasonable efforts to include accurate and up-to-date information on this Website, we make no warranties or representations as to its accuracy, timeliness or completeness. We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from your access to, use or inability to use, reliance on or downloading from the Website, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
7.1 To the maximum extent permitted by law:
a. you access and use the Website at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any applicable consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to SGD 100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1. and 7.2. of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed SGD 100.
8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
8.2 When you provide personal information to us, we will comply with applicable privacy and data protection laws.
8.3 The personal information you provide to us (including any information provided if you register for any account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
8.5 Generally, we do not disclose personal information to third parties for them to use for their own purpose. However, some of the circumstances in which we may do this are:
a. to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b. in relation to the proposed purchase or acquisition of our business or assets; or
c. where required by applicable law or any court, or in response to legitimate request by a law enforcement agency.
8.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside of Singapore. This may involve the transfer of your personal information to countries which have less legal protection for personal information than Singapore.
8.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org.
8.8 Please refer to Personal Data Protection Policy for this website’s extended privacy notice.
9.1 Where appropriate, we use available technology to protect the security of communications made through our website. Do note that we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through our Website. Internet communications may be susceptible to interference or interception by third parties. We will do our best but we cannot make any warranties that our Website is free of infection by computer viruses or other unauthorised software.
10.1 We are not responsible or liable for the availability or content of any other internet site (not provided by us) linked to or from our Website. Access to any other internet site is at your own risk. If you create a link or frame to our website, you do so at your own risk.
10.2 We reserve the right to object or disable any link or frame to or from our Website.
11. SUSPENSION AND TERMINATION
11.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
11.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
12.1 From time to time, we may offer and/or co-sponsor contests and games on the Website. Each of these activities shall be governed by specific rules accessible from the Website.
13.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
13.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the law of the Republic of Singapore. Any claim relating to use of this Website or any of the contents shall be exclusively heard by the Singapore Courts.
13.3 For us to waive a right under these Terms, the waiver must be in writing.
13.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, and 13.1, continue in force.
13.5 If any part or provision of these Terms is or become illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
13.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
(Last Updated: 08th May 2020)