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SAPS Terms Of Service

1. ACCEPTANCE OF TERMS

Welcome to SAPS. SAPS provide the Service to you subjected to the following Terms Of Service. In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not agree to the Terms. The Service include Posting on SAPS Forum, Uploading product information at E-Commerce webpage, Transaction at E-Commerce webpage. You agree that your continued use of the Service will constitute your acceptance of and agreement to be bound by the Terms Of Service. When using particular SAPS owned or operated Service, you and SAPS shall be subject to any guidelines or rules applicable to the Service. The guidelines or rules will be referred to the Terms Of Service. The guidelines and rules are specific to a particular part of the Service. You agree that the Terms will be updated without prior notices.

2. DESCRIPTION OF SERVICE

SAPS provides users with access to a collection of resources, including forum, shopping service and Audiology information (the "Service") You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SAPS to provide the Service. You also understand and agree that the service may include certain communications from SAPS, such as service announcements, administrative messages, and that these communications are considered part of SAPS membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SAPS properties, shall be subject to the Terms Of Service. You understand and agree that the Service is provided "AS-IS" and that SAPS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Please be aware that SAPS has created certain areas on the Service that are restricted from general viewing and you must fulfil the specified conditions to access and view such areas.

3. REGISTRATION OBLIGATIONS

In considerations of your Use of Service, you represent that you are of a legal age to form a binding contract and are not a person barred from receiving services under the laws of Singapore. In order to use certain Services, you may require to provide information about yourself(identification and contact, etc.) as part of the registration process. You also agree that any information you give to SAPS will be accurate, correct and up to date. If you provide any information that is untrue, inaccurate or incomplete or if SAPS has reasonable grounds to suspect that you have provided information that is untrue, inaccurate or incomplete, SAPS has the rights to suspend or terminate your account immediately and refuse any and all current or future uses of theService.

4. MEMBER ACCOUNT AND PASSWORD SECURITY

You will have an account and password upon completion of the Service's registration process. You are thus responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities carried out under your account. You agree to

(i) inform SAPS about any unauthorized use of your account or password or has breached the Terms Of Service or

(ii) ensure that you have exited your account at the end of each session. SAPS will not be liable for any loss or damage to your account arising from the failure for complying to the part (ii) of Section 4.

5.SAPS PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy here.

6. MEMBER CONDUCT

The Member Conduct section is applicable to the E-commerce and Forum WebPages and other pages that need registration and allow uploading of information or other materials. You understand that all information, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This mean that you, and not SAPS, are entirely responsible for all the Content you post, upload, email or transmit. SAPS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You agree to not use the Service to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;

(b) harm minors in any way;

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);

(e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose

(g) upload, post, email, transmit or otherwise make available 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;

(h) 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;

(i) interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange ;

(k) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

(l) "stalk" or otherwise harass another;

(m) commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise and/or

(n) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.

You acknowledge that SAPS may or may not pre-screen the Content, however SAPS and its members have the right(but not obligation) in their sole discretion to pre-screen, refuse, move or even delete Content from SAPS. SAPS and its members shall have the right to delete or remove any Content from the Service that is deem of violating the Terms of Service or that have infringe any intellectual property and without being liable to you of any loss or damage arising from such removal of the Content you have posted or uploaded. 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 on any Content created by SAPS.

You acknowledge, consent and agree that SAPS may in its sole discretion access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Term Of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests in the feedback form; or (e) protect the rights, property or personal safety of SAPS, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SAPS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

SAPS does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SAPS the following worldwide, royalty-free, transferable and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of SAPS, the license to use, distribute, reproduce, modify, adapt, publish, broadcast, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific SAPS to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SAPS removes such Content from the Service.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than SAPS Groups, the license to use, distribute, reproduce, modify, publish, broadcast, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SAPS removes such Content from the Service.

8. CONTRIBUTION TO SAPS

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to SAPS through its suggestion or feedback webpages, you acknowledge and agree that:

(a) your Contributions do not contain confidential or proprietary information;

(b)SAPS is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

(c) SAPS shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose in any way;

(d) SAPS may have something similar to the Contributions already under consideration or in development;

(e) your Contributions automatically become the property of SAPS without any obligation of SAPS to you and;

(f) you are not entitled to any compensation or reimbursement of any kind from SAPS under any circumstances.

9. INDEMNITY


You agree to indemnify and hold SAPS, and its co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms Of Services, or your violation of any rights of another.

10.NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SAPS ID), use of the Service, or access to the Service.

11. MODIFICATIONS TO SERVICE

SAPS 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 SAPS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

The Terms will continue to apply until terminated by either you or SAPS as set out below,

If you want to terminate your legal agreement with SAPS, you may do so by

(a) notifying SAPS at any time and

(b) closing your accounts for all of the Services which you use, where SAPS has made this option available to you. Your notice should be sent, in writing, to SAPS's address which is set out at the beginning of these Terms.

You agree that SAPS may, under certain circumstances and without prior notice, immediately terminate your SAPS account, any associated email address, and access to the Service. Reason for such termination shall include but not limited to,

(a) breaches or violations or purported breaches or violations of the Terms Of Service or other incorporated agreements or guidelines,

(b) requests by law enforcement or other government agencies,

(c) a request by you (self-initiated account deletions),

(d) discontinuance or material modification to the Service (or any part thereof),

(e) unexpected technical or security issues or problems,

(f) extended periods of inactivity,

(g) engagement by you in fraudulent or illegal activities, and/or

(h) non-payment of any fees owed by you in connection with the Services.

Termination of your SAPS account includes

(a) removal of access to all offerings within the Service, including but not limited to Forums, E-Commerce or other audiology information,

(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and

(c) barring of further use of the Service.

Further, you agree that all terminations for reasons shall be made in SAPS's sole discretion and that SAPS shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SAPS has no control over such sites and resources, you acknowledge and agree that SAPS 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 SAPS 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.

14. SAPS 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 saps 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.

SAPS 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 SAPS for use in accessing the Service.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN ‘AS IS' AND ‘AS AVAILABLE' BASIS. SAPS AND ITS MEMBERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND.

IN PARTICULAR, SAPS DOES NOT REPRESENT OR WARRANT TO YOU THAT

a) THE SERVICE WILL MEET YOUR REQUIREMENTS

b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE

c) THE SERVICE WILL BE ACCESSIBLE AT ANY TIME OR AT ALL TIMES VIA THE CHANNEL YOU SELECTED OR YOU USE

d) INFORMATION OBTAINED BY YOU AS A RESULT OF YOU USE OF SERVICE WILL BE ACCURATE OR RELIABLE

e) THE QUALITY OF PRODUCTS, INFORMATION OR SERVICES WILL MEET YOUR EXPECTATIONS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAPS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR DISCRETION AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR INFORMATION THROUGH THE DOWNLOAD OF SUCH MATERIAL.

SAPS EXPRESSLY DISCLAIM ALL TRANSACTIONS DONE AT THE E-COMMERCE WEBPAGE. YOU EXPRESSLY UNDERSTAND THAT THE TRANSACTIONS YOU MADE WITH THE SUPPLIER AT THE E-COMMERCE WEBPAGE WILL BE AT YOUR SOLE RISK. SAPS EXPRESSLY DISCLAIM RELATIONS WITH THE SUPPLIER AND THE BUYER. SAPS CANNOT AND IS NOT LIABLE FOR ANY DAMAGE DONE TO THE PRODUCT ITSELF AND WILL NOT COMPENSATE TO THE BUYER OR THE SUPPLIER. SAPS WILL NOT BE RESPONSIBLE FOR TRANSACTIONS, CHARGING OF PRICE AND QUALITY OF PRODUCTS. SUPPLIER COMPANY RELIABILITY IS CHECKED BY SAPS HOWEVER, SAPS WILL NOT BE RESPONSIBLE FOR DELAYS OF DELIVERY, DAMAGE DONE TO THE PRODUCT DURING DELIVERY OR LOSS OF PRODUCT DURING DELIVERY.

IF PICTURES UPLOADED BY SUPPLIER IS SUBJECT TO COPYRIGHTS, SAPS WILL NOT HOLD ANY RESPONSIBILITIES AND WILL NOT BE LIABLE. IF YOU VIOLATE SECTION 6 PART(a), YOUR ACCOUNT AND PASSWORD WILL BE DEACTIVATED AND DELETED IN AN APPROXIMATE OF 3 WORKING DAYS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAPS SHALL NOT BE LIABLE TO YOU 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 SAPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a)THE USE OR THE INABILITY TO USE THE SERVICE;

(b) 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;

(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(e) ANY OTHER MATTER RELATING TO THE SERVICE.

17. EXCLUSIONS AND LIMITATIONS

YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY SET FORTH IN SECTIONS 15 AND 16 REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND US, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18. THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms Of Service, there shall be no third-party beneficiaries to this agreement. You acknowledge that our suppliers, companies, all affiliates, and our members, are, where applicable, intended to be third party beneficiaries of Sections 6, 11, 15, 16 and 17. You acknowledge that our co-members are intended to be third party beneficiaries of Section 11.

19. NOTICE

SAPS may provide you with notices, including those regarding changes to the Terms Of Service, by email, regular mail or postings on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

20. TRADEMARK INFORMATION

The SAPS, Society of Audiology for Professionals Singapore, SAPS logo are trademarks of SAPS. Without SAPS's prior permission, you agree not to display or use in any manner, the SAPS Marks.

21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We respect 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, or your intellectual property rights have been otherwise violated, please provide SAPS admin the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

22. GENERAL INFORMATION

Entire Agreement. The Terms of Service constitutes the entire agreement between you and SAPS and governs your use of the Service, superseding any prior understandings, statements, representations and agreements between you and SAPS with respect to the Service. For the avoidance of doubt, except to the extent provided in Section 18, you and us are the only parties to the Terms Of Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SAPS services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms Of Service and the relationship between you and SAPS shall be governed by the laws of Singapore without regard to its conflict of law provisions. You and SAPS agree to submit to the non-exclusive jurisdiction of the courts of Singapore.

Waiver and Severability of Terms. The failure of SAPS to exercise or enforce any right or provision of the Terms Of Service shall not constitute a waiver of such right or provision. If any provision of the Terms Of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and the other provisions of the Terms Of Service remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your SAPS account is non-transferable and any rights to your SAPS ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. 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 Terms Of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms Of Service are for convenience only and have no legal or contractual effect.

English version prevails. In the event that these Terms Of Service are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

23. VIOLATIONS

Please report any violations of the Terms of Service in the Feedback form.

 

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