The following terms and conditions (the "Terms of Use") form the Agreement between you and Interactive Exchange Company Pte Ltd ("IEC"), owner of the Dokuyi branded Web and Wap Sites (collectively the "Site").
This Agreement governs your access and use of the Site, and all contents, information, communication, links, software, enewsletters, products, services, other materials and any and all other services that may be added, offered or provided to you from time to time through the Site (collectively "the Service").
2. ACCEPTANCE OF TERMS
2.1 By accessing or using the Site, you agree to be legally bound by these Terms of Use.
2.2 These Terms of Use may be revised or updated from time to time. The revised or updated Terms of Use will be posted on the Site and your continued use of the Site shall be deemed and construed as your conclusive and binding acceptance of the revision or updated terms.
2.3 In addition, particular service(s) added, offered or provided to you through the Site, may be subject to additional guidelines and/or rules. In such an event, all such guidelines and/or rules shall be deemed incorporated in these Terms of Use by reference. IEC may also offer other services that are governed by different terms of service / terms of use. Use of such other services shall accordingly be subject to such different terms of service / terms of use.
3. LINK CONTENT
3.1 The Site and Service provide you with opportunities to link to, or otherwise use, sites and services offered through or by third-party(ies). Your use of these third-party services is subject to terms posted by these third-party(ies). We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement.
4. INTELLECTUAL PROPERTY
4.1 The Service and all related data, including but not limited to graphics such as designs and photographs, motion pictures (including animations and live-action footage), text, audio (music and voice), as well as programs, (collectively "Data"), are the exclusive property of IEC, or its content partners and used with permission by IEC, and are protected by Copyright Laws.
4.2 When you download Data from the Site, IEC grants you the nonexclusive right to use the Data. This does not in any way amount to an assignment or transfer of copyright. By downloading Data from the Site, you agree to use the Data strictly within the limits of the Terms of Use provided here.
4.3 The Data may be downloaded or printed for your own personal and non-commercial use only. All copyright notices on downloaded or printed material must be retained. Save as specifically permitted here, you may not copy, reproduce, distribute, republish, repost, modify, transmit, make available to the public, adapt, create a derivative work, reverse engineer, disassemble or otherwise use or exploit any content on the Site in any way or for any purpose without the express written permission of IEC or its content partners. In addition, you may not distribute or make available any part of the Site over any other website or any network.
4.4 The names, trade marks, service marks and logos (the "Trade Marks") displayed on the Site are registered or unregistered Trade Marks of IEC, its affiliates or licensors. Nothing on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks.
5. PAYMENT FOR PURCHASES
5.1 When you make purchases on the Service, you agree to pay the charges in accordance to the stated prices and charging schemes indicated on the Website. Unless otherwise indicated, the Service is paid for by way of purchase and use of 3Play ePIN(s). Each ePIN shall provide the designated and indicated number (hereinafter referred to as "Quota") of downloads of the Service-related contents. All payments of ePIN(s) are non-refundable. Each ePIN is valid for a period of one year from time of purchase. The associated Service-related content Quota of an ePIN is valid for a period of one year from time of ePIN activation on the Website.
5.2 IEC reserves the right to change the charges, the charging rate, charging method, payment method and publish the changes on the Website from time to time. You shall visit the Site to find out the current charges, charging rate, charging method and payment method.
5.3 All payments and charges imposed by IEC in relation to the use of the Service by you under these Terms of Use are separate from the charges which may be imposed by your Mobile Phone Operator for data received by, or sent from, your Mobile Phone. You alone shall be liable for such data and related charges imposed by your Mobile Phone Operator. Please check with your Mobile Phone Operator for details.
6. PURCHASE FULFILMENT
6.1 Fulfilment of purchases made on the Service will be in the form of direct delivery of the Service-related contents to your compatible mobile phone. Delivery is conditional upon all respects of the following:
i) your Mobile Phone must be switched on and is WAP capable;
ii) you must have subscribed to WAP services from your Mobile Phone Operator;
iii) you have ordered Contents capatible with your Mobile Phone (please note the information on supported phones indicated along with the associated Contents on the Website);
iv) your Mobile Phone is on a compatible network.
IEC shall not be liable for any failure in Service delivery if the above conditions are not met. IEC shall also not be liable for such failures arising from problems with the Mobile Phone Operator network, or from other causes beyond IEC's control.
6.2 Notwithstanding the foregoing, IEC's entire liability for failure in Service delivery is LIMITED TO THE PRICE OF THE PURCHASE made by you. Your sole recourse for failure in Service delivery is for IEC to resend the Service-related contents to you, or replace it with another Content of similar type and value.
7. PRIVACY AND CONFIDENTIAL INFORMATION
7.1 By submitting an order you consent that personal information such as your mobile phone number will be sent to our servers, processed and stored in the relevant databases where our staff have access to your data as needed to provide such services and support. Such information will be treated with the strictest and highest level of confidentiality.
8. LIABILITY
8.1 The Service is provided on an "as is" and "as available" basis and you agree that you use the Service or rely on any Content obtained through the Services at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent allowed by law. No advice or information whether oral or written, obtained by you from us or through the Service will create any warranty not expressly set out in this Agreement.
8.2 Without prejudice to paragraph above, we make no warranty:
(a) that the Service, and any related Content will not cause any harm to your equipment and systems;
(b) as to the accuracy, reliability or quality of any Content obtained through the Service or that defects in any related Content will be corrected; and that access to the Services shall be error free and uninterrupted or available at all times.
8.3 Except as set out in this Agreement, we expressly exclude all other liability we may have to you. This exclusion applies for our benefit and that of other Service Providers whose networks are connected to each other or to the Network, all companies, directly or indirectly owned, wholly or partly owned or controlled by us or any of these parties, and all their officers, employees, contractors, and agents or anyone else to whom we or these parties are responsible and whether it relates to anything caused by or resulting from anything any of us does or does not do or delays in doing, whether or not it is contemplated or authorized by any agreement you have with us.
8.4 Under no circumstances will we or any of the parties listed in paragraph above be liable for any special, indirect or consequential damages including loss of profits, revenue, business and anticipated savings.
9. SUBMISSION OF CONTRIBUTIONS
9.1 IEC may provide facilities on the Site to permit you to submit any contribution (including but not limited to any text, graphics, video and/or audio content, and other materials or information) ("Submissions") to IEC or to the Site directly. You are solely responsible for your own Submissions, and IEC only acts as a passive conduit for the online distribution and publication of your Submissions.
9.2 By submitting your Submissions, you agree as follows :
(a) you will not include any content in your Submissions that is or could be unlawful, defamatory, offensive, obscene, dangerous or false, or any content that is protected by copyright or other intellectual property right, without first obtaining permission of the copyright owner or rights-holder, or any content that contains any viruses, bugs or other harmful elements;
(b) you hereby grant to IEC a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and sub-licensable right and licence to use and exercise all copyright and publicity rights you have in your Submissions in any media and for any purpose;
(c) you will not assume a false identity or the identity of another user when using the Site, and you will not use the Site for any unlawful or illegal activities, including but not limited to spamming, harassing or otherwise causing distress to other users.
9.3 IEC shall have the right, but not the obligation, to monitor the Submissions contributed to the Site, including chat rooms and forums. IEC shall have the right to remove or delete any material that IEC, in its sole discretion, finds to be in violation of these terms or otherwise objectionable or inappropriate without having to assign any reason therefore. In addition, IEC shall have the right to terminate your use of the Site if it believes that you have violated these terms or for any other reason whatsoever, without notice to you.
9.4 If you submit or provide any personally identifiable information through the Site, you acknowledge and consent to IEC collecting and using such information for various purposes, including without limitation, verification and record of your personal particulars, comparing it with information from other sources, to communicate with you and/or to send you information and promotional material about our company or third party organisations selected by us.
9.5 If you submit or provide any personally identifiable information through the Site, you acknowledge and consent to IEC collecting and using such information for various purposes, including without limitation:
(a) To provide goods and services by IEC or its designated representatives and/or business partners to you or parties designated by you and matters ancillary thereto.
(b) To verify and process payment when you purchase goods and services from the Site.
(c) For verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you.
(d) To conduct statistical analysis of the users of our sites including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information in broad terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with us.
(e) To send you information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organizations selected by us.
(f) To comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence, misdeeds and/or abuse or for the purposes of taking legal action against any users for breach of these Terms of Use.
(g) For the above purposes by third parties (who may be based outside Singapore) who offer goods and services or sponsor contests or other promotional programs on our site, whether in conjunction with us or not, if you purchase such goods, use such services or participate in such contests and promotional programs.
9.6 We may send a regular email / newsletter / update to our members to keep them informed about new services and promotions. By agreeing to these Terms of Use, you agree to receive this regular email / newsletter / update subject to these Terms of Use.
10. Venue
10.1 Where you subscribe for any services on the Site that relates to any advertisement or other similar services, whether as a potential seller or buyer, you hereby expressly acknowledge and agree that the Site acts as a venue only and IEC is not responsible for the reliability, accuracy or truthfulness of any information that is posted by other users.
11. Indemnities
11.1 You agree to defend and hold IEC, its affiliates and related corporations from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site or any breach of these terms. In addition, IEC may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site, including informing any third party IEC deems appropriate of such breach or use and/or disclosing your personal information to such third party.
12. GOVERNING LAWS
12.1 This Agreement is governed by and construed in accordance with the laws of Singapore and you hereby submit irrevocably to the exclusive jurisdiction of the Courts of Singapore. Any and all claims, except claims for monies due to IEC, arising out of or relating to the purchase made by you on the Service shall be barred unless an action or legal proceeding is commenced within one (1) year after the date either you or IEC knew or should have known of the facts giving rise to such claim.
13. AMENDMENTS
13.1 IEC reserves the right to amend the Terms of Use any time. Details will be available through the Website at http://www.dokuyi.com.
