- Eligibility and Warranties
You represent and warrant that you have the capacity to abide by these
Terms, or if you are a minor, that you have obtained your parents' or
guardian's consent and all information provided by you to Phoenix RingEmail
are true and accurate.
- Passwords
Upon registration as a Phoenix RingEmail user, you will be assigned
a user-id and a password to enable you to access your choice of service.
You are responsible for keeping your password confidential and shall
be fully responsible for all activities, charges, fees incurred and
all or any liabilities arising from all or any unauthorized access through
the use of your password.
- Services and Restrictions
Upon registration as a user, you are fully aware that all information,
data, text, software, music, sound, photographs, graphics, video, messages,
tags, trademarks, logos or other materials (.Content.), whether publicly
posted or privately transmitted, are the sole responsibility of the
person from whom such Content originated. This means that you, and not
Phoenix RingEmail, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via Phoenix
RingEmail. Phoenix RingEmail does not control the Content posted via
Phoenix RingEmail and as such, does not guarantee the accuracy, integrity
or quality of such Content. By using Phoenix RingEmail service, you
may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Phoenix RingEmail be liable in any way for
any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via Phoenix RingEmail service. As such, you shall not
post any Content which:-
| 3.1. |
a. |
Transmit, distribute or store material in violation
of any applicable law or regulation, including without limitation
any material that will infringe the rights including without limitation
proprietary rights of other persons or entities, regardless of
whether such persons or entities are Users; |
| |
b. |
Are obscene, defamatory, slanderous, harassing, abusive, threatening,
offensive, promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual or that violates anyone's
rights, including their right to privacy. |
| |
c. |
Contain pornographic, sexually explicit or exploitative material
of any kind; and |
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d. |
Promotes illegal activities or conduct that is abusive, threatening,
obscene and generally unlawful including without limitation, provide
instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses. |
| 3.2. |
Additionally, you shall not:- |
| |
a. |
Assume a false identity. |
| |
b. |
Use a name or names which violate the trademark rights of third
parties. |
| |
c. |
Distribute or send unsolicited e-mail, text or voice message,
or "spam", "chain letters" or "pyramid
schemes" or any other form of unauthorized solicitation,
including promotions and/or advertising of products or services.
|
| |
d. |
Promote information that you know or ought to know is false,
inaccurate or misleading; |
| |
e. |
Solicit passwords or personal identifying information for commercial
or unlawful purposes from other users; and |
| |
f. |
Engages in commercial activities and/or sale such as contests,
sweepstakes, barter, advertising, and pyramid schemes;
|
| |
g. |
Make or attempt any unauthorised access to any part or component
of Phoenix RingEmail's web-site or services; |
| |
h. |
Disrupt Phoenix RingEmail's web-site or services; and
|
| |
i. |
Use Phoenix RingEmail's web-site or services for any fraudulent,
illegal or improper purposes or to violate anybody's rights or
in any way which may affect other users' enjoyment of or access
or cause annoyance, harassment, irritation, inconvenience or anxiety
to anyone. |
| 3.3. |
In the event of any of the foregoing, Phoenix RingEmail
may in its sole discretion review and delete any or all of your
Content or terminate your membership and /or restrict your access
to this web-site and the services herein. |
| 3.4. |
Notwithstanding Phoenix RingEmail's review, you
remain solely responsible for the Content. |
| 3.5. |
By posting your Content, you grant, represent and
warrant that you have the right to grant to Phoenix RingEmail
an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute such Content
and to prepare derivative works of, or incorporate into other
works, such Content, and to grant and authorize sublicenses of
the foregoing. |
| 3.6. |
You shall comply with all applicable laws, rules
and regulations applicable to you in your country and any requirements
or restrictions which Phoenix RingEmail or its partners may impose
on the access of this web-site and use of the services.
|
| 3.7. |
You shall pay Phoenix RingEmail without any deduction
whether for tax or otherwise in accordance with the payment terms
of each service that you subscribe to. |
- Intellectual Proprietary Rights
| 4.1. |
All copyrights, trademarks, trade names, logos,
service marks and other intellectual property or proprietary rights
in the information, text, sound, music, software, photographs,
videos, graphics, data, messages and materials (the "Web
Content") on Phoenix RingEmail's web-site and services belong
to Phoenix RingEmail, its affiliates and/or third party licensors.
You may view and use these Web Content for personal or non-commercial
purposes but not reproduce, distribute, transmit, publish, display,
broadcast, store, adapt, license, alter, hyperlink or otherwise
use in any manner or by any means without Phoenix RingEmail's
prior written consent. |
| 4.2. |
You shall not post (with or without alterations thereto) or
hyper-link any third party Web Content as would infringe their
intellectual property rights on Phoenix RingEmail's web-site or
services. Examples of these include, posting or providing links
to an illegal or unauthorized copy of another person's copyrighted
work, such as pirated computer programs, information to circumvent
manufacture-installed copy-protect devices, or pirated music or
links to pirated music files. In this regard, you shall indemnify
and hold Phoenix RingEmail harmless for loss, damage, fines, penalties
and costs (including solicitors' fees) arising from the breach
of this clause, whether as a result of Phoenix RingEmail being
prosecuted, sued by third parties, and regardless of whether Phoenix
RingEmail successfully defends itself; and |
| 4.3. |
You shall not hold Phoenix RingEmail liable for any use by third
parties of your Content posted on this website or the services
therein as would constitute an infringement of your intellectual
property rights. |
- Disclaimer of Warranties
You expressly understand and agree that:
| 5.1. |
Phoenix RingEmail is not responsible for any incorrect
or inaccurate Content posted by its members or provided by other
service providers linked to this web-site and no responsibility
for any interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, your personal page.
Your use of the service is at your sole risk. |
| 5.2. |
Phoenix RingEmail is not responsible for any problems or technical
malfunction of any telephone network or lines, mobile devices,
computer online systems, servers or providers, computer equipment,
software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any web site
or combination thereof, including injury or damage to anyone resulting
from participating or downloading materials in this web-site or
the services herein. |
| 5.3. |
Any material downloaded or otherwise obtained through the use
of the Phoenix RingEmail service is accessed at your own discretion
and risk, and you will be solely responsible for any damage to
your computer system or mobile device or loss of data results
from the download of any such material. |
| 5.4. |
Under no circumstances will Phoenix RingEmail be responsible
for any loss or damage, including any indirect, consequential,
exemplary, incidental or punitive damages, personal injury or
death, resulting from the access of this web-site and use of its
services which are provided on an "AS-IS" basis and
Phoenix RingEmail disclaims all warranties of any kind, whether
express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose
and and non-infringement. |
| 5.5. |
No advice or information, whether oral or written, obtained
by you from Phoenix RingEmail or through or from the service shall
create any warranty not expressly stated in the Terms. |
- Limitation of Liability
You expressly understand and agree that Phoenix RingEmail and its subsidiaries,
affiliates, officers, employees, agents, partners and licensors 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 Phoenix RingEmail 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 service resulting
from any goods, data, information or services purchased or obtained
or messages received or transaction entered into through or from
the service |
| c. |
Unauthorized access to or alteration of your transmissions or
data |
| d. |
Statements or conduct from any third party on the service; or
|
| e. |
Any other matter relating to the service |
- Indemnity
You agree to indemnify and hold Phoenix RingEmail and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless
from and against any and all claims, liabilities, losses, injuries,
actions, damages, costs and expenses (including reasonable attorneys'
fees) in any way arising out of Content you submit, post, transmit or
otherwise make available through the Phoenix RingEmail service, your
use of ingEmail service, your connection to the Phoenix RingEmail service,
your violation of the Terms, or your violation of any rights of another.
- Termination of Membership
Your access to Phoenix RingEmail's services as user or otherwise may
be terminated:-
| 8.1. |
a. |
By you by notifying Phoenix RingEmail via email;
and |
| |
b. |
By Phoenix RingEmail for any reason, at any time. If Phoenix
RingEmail terminates your membership as a result of your breach
of any of these Terms, you will not be entitled to any refund
of unused subscription fees. |
| 8.2. |
Phoenix RingEmail may in its sole discretion, suspend
or terminate all or any of the services without prior notice.
|
- Protection for You
For your protection, Phoenix RingEmail has implemented the following
policies:-
| 9.1. |
All our services are subject to warranty conditions
as stipulated by us from time to time. |
| 9.2. |
The prices for our services are nett and no discounts will be
given unless under promotions. |
| 9.3. |
We only accept payment by VISA, MASTERCARD, eNets, cash and
cheques issued by corporate entities. We ensure accuracy in our
billings as all our transactions are automatically processed.
|
| 9.4. |
We will refund your fees or price if our services are not functioning
or if we are unable to deliver any goods ordered. We will however
not entertain any request for cancellations nor refunds upon submission
of your payment. |
| 9.5. |
We will send an electronic acknowledgment (by email of your
choice) to you within 24 hours of your submitting any order for
our services. If we are unable to fulfill your order, we will
notify you accordingly. |
| 9.6. |
We welcome your feedback for which you may contact us at :
Tel: (65) 6838 1516 Fax: (65) 6834 1516
Email : 1516@phoenixcomms.com.sg
|
- Miscellaneous
| a. |
You may not assign any or all of your rights or
obligations herein without Phoenix RingEmail's consent.
|
| b. |
There is no agency, partnership, joint venture, employee-employer
or franchise or franchisee relationship between you and Phoenix
RingEmail |
| c. |
If any provision herein is held to be invalid or unenforceable,
such provision shall be replaced with a valid enforceable provision
that most closely matches the intent of the original provision.
|
| d. |
Phoenix RingEmail's failure to act with respect to a breach
by you does not constitute a waiver of its rights with respect
to subsequent or similar breaches. |
| e. |
Save as additionally stipulated in any of the service provided
in this web-site, these Terms constitute the entire agreement
between you and Phoenix RingEmail. |
| f. |
Any dispute arising from a breach of or involving these Terms
and/ or the use of this website and its services shall be resolved
in accordance with Singapore law and you agree to be bound by
the non-exclusive jurisdiction of the Singapore courts. |
|