1.3 If you are accessing and using the Services on behalf of an organisation, you represent and warrant that you have been validly authorised to access and use the Services on behalf of the organisation, and agree to and bind the organisation to these Terms. In such circumstances, any reference to “you” or “your” as used in these Terms shall include your organisation.
2. PROPRIETARY RIGHTS
2.1 This Website and the materials located on this Website including but not limited to all the Contents, are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents are managed by, licensed to or controlled by Cap Vista.
3. RESTRICTIONS ON USE OF CONTENTS
3.1 You shall not, and shall not permit any other person to:
3.1.1 view, reproduce, duplicate or copy any part of the Content, without our prior written consent, except that you may make reasonable copies of any part of the Content solely for purpose of participating in the published challenge(s)/solicitation(s) (“Challenge”);
3.1.2 misrepresent or make false or misleading claims regarding the Content or the ownership or the source of the Content;
3.1.3 access or use the Content for any unlawful purpose, or purposes prohibited by these Terms or in breach of these Terms
3.1.4 in the course of your access to or use of the Content, use, transmit or upload any device, software, malicious code, exploit or routine, including any virus, Trojan horse, worm, malware, time bomb, robot, spider, data-mining or data scraping tool and cancel bot that may:
a. monitor or copy any pages within this Website or any part thereof without Cap Vista’s prior written permission;
b. damage or interfere with the proper operation of the Services;
c. intercept, expropriate or destroy any Content; or
d. introduce security vulnerabilities to the Content, Website or devices of any other persons;
3.1.5 in the course of your access to or use of the Website, upload, submit, store or transmit any Content that:
a. is contrary to any law, statue or subsidiary legislation;
b. is false, offensive, defamatory, inaccurate, misleading or fraudulent; or
c. violates or infringes the rights of any other person;
3.1.6 access any Content not intended for you;
3.1.7 reproduce, republish, upload, post, transmit, adapt, modify, reverse compile or otherwise display, distribute, exploit, store in an information retrieval system or use in any way, without the prior written permission of Cap Vista, this Website or any part thereof including the Content or part thereof. When applying for permission to use any part of the Website including the Contents, you must provide:
a. identity of the user and target audience (if applicable);
b. identification of the Contents proposed to be used;
c. the intent of use;
d. the manner of use; and
e. the time frame of use.
Cap Vista reserves the right to refuse permission for the use application without ascribing any reasons whatsoever; and/or if information submitted by you is deemed insufficient by Cap Vista in its sole discretion.
4. DISCLAIMER OF WARRANTIES AND LIABILITY
4.1 This Website and the Contents contained therein are provided on an "as is" basis without warranties of any kind. The accessibility and operation of the Website may rely on technologies outside our control. To the fullest extent permitted by law, Cap Vista does not make any warranties or representations of any kind whatsoever in relation to the Content and hereby disclaims all warranties or representations of any kind, express or otherwise implied:
a. as to the accuracy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose or satisfactory quality of the Contents or any part thereof;
b. that the Contents or any part thereof available through this Website or any functions associated therewith will be continuously accessible, uninterrupted, free from transmission errors or otherwise error-free, or that defects will be corrected or that this Website and the server is and will be free of all viruses or other malicious, destructive or corrupting code, agent, program or macros, and/or other harmful or invasive elements; and
c. as to the security of the Website, or the safekeeping or security of your Content, including content that you upload, submit or transmit in the course of accessing and using the Website.
4.2 Cap Vista shall also not be liable for any damage or loss of any kind caused as a result (direct or indirect) of the use of the Website and/or the Content, including but not limited to any damage or loss suffered as a result of reliance on the Content contained in or available from the Website.
4.3 To the fullest extent permitted by law, in no event shall Cap Vista be liable to you or anyone else for any injury, damage, loss or expense of any kind, direct and indirect, including but without limitation, special or consequential damages, or economic loss arising out of or in connection with the use of or the inability to access this Website, the Content or any part thereof, including but not limited to any injury, damage, loss or expense suffered as a result of reliance on or inability to access the Content or any part thereof contained in or made available from this Website.
4.4 To the fullest extent permitted by law, in no event shall Cap Vista be liable for any injury, damage, loss or expense caused by any negligence, omission or fault of its officers, directors, employees, subcontractors and/or agents arising out of or in connection with this Website including the Content or any part thereof.
5. ACCESS TO YOUR ACCOUNT AND THE WEBSITE
5.1 You are required to subscribe for or create a new Account, or log into your existing Account to access, use the Services and transact with us.
5.2 You must not share the user-id, password and other details associated with your Account with any other person, unless such person has been validly authorised to access, manage and use your Account on your behalf. You shall ensure that any such person is duly authorised at all times to access, manage and use your Account, and you shall take steps to remove the access of any such person if that person is no longer authorised to do so.
5.3 You must notify us immediately if you are aware of or have any reason to suspect that the user-id, password or other details associated with your Account have been compromised or accessed without your permission.
5.4 You agree that:
a. you shall be solely liable and responsible for any communications, or activities originating from, occurring under, referable to, or conducted through your Account;
b. any use or purported use of the Account whether or not authorised by you, referable to your Account shall deem to be (i) use of the Account by you and (ii) information, data, instructions or communications transmitted and validly issued by you; and
c. you shall be responsible for any use or purported use of the Account whether or not authorise by you, referable to your Account, and Cap Vista may act upon, rely on and/hold you responsible and liable as if the same were carried out, transmitted or issued by you.
Cap Vista does not have any obligation to verify the authenticity of any such communications and activities, or the identity of the person accessing, managing or using your Account. Cap Vista shall not be liable or responsible for any damages, loss or expense incurred, paid by or suffered by you or any person arising out of or in connection with any unauthorised access, management or use of your Account.
5.5 To the fullest extent permitted by law, you shall not challenge the validity or authenticity of any communications or activities originating from, occurring under, referable to, or conducted through your Account.
6.1 Without prejudice to the provisions in the Terms, these provisions shall apply to all transactions performed through the Website. You agree to:
a. follow and accept all instructions and information in this Website when performing a transaction;
b. provide information which is true, current, complete and accurate when performing a transaction;
c. not perform any speculative, false or fraudulent transaction;
d. be responsible to inform us of any data discrepancies; and
e. be responsible to declare the correctness and completeness of the data that will be submitted to us.
6.2 You shall ensure that all information including but not limited to supporting documents, submitted to us is complete, accurate, true and correct. Cap Vista reserves the rights to reject your transaction and participation in the Challenge if any details or communication you have provided is incomplete, inaccurate, false or incorrect.
7. RIGHT OF ACCESS
7.1 Cap Vista reserves all rights to deny or restrict access to this Website to any particular person or party, or to block access from a particular Internet address to this Website, at any time, without ascribing any reasons whatsoever.
7.2 Cap Vista may at any time in its sole discretion suspend the operations of this Website including the Contents or any part thereof for any period of time without any prior notice whether for the purposes of updating, upgrading, system maintenance, or otherwise.
7.3 This Website and any part thereof may be modified, deleted, edited or withdrawn by Cap Vista at any time in its sole discretion without prior notice.
8.1 This Website may contain hyperlinks to websites which are not maintained by Cap Vista. Cap Vista is not responsible for the contents of those websites and shall not be liable for any injury, damages, loss or expense howsoever arising from access to those websites. Use of the hyperlinks and access to such websites are entirely at your own risk.
8.2 Hyperlinks to other websites are provided solely for the convenience to you as a user of this Website. The contents of the other websites are not maintained or controlled by Cap Vista. Cap Vista is not responsible or liable for the availability, accuracy or reliability of the contents of the other websites. In no event shall Cap Vista be considered to be endorsing or verifying such websites, nor shall Cap Vista be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this Website is hyperlinked.
8.3 Except as set forth below, caching and hyperlinks to, and the framing of this Website or any of the Contents or any part thereof are prohibited.
8.4 You must obtain prior written permission from Cap Vista prior to hyperlinking to, or framing, this Website or the Contents or any part thereof, or otherwise engaging in similar activities. Cap Vista reserves the right to impose in its sole discretion any terms and conditions when permitting any hyperlinking to, or framing of this Website or the Contents or any part thereof and you agree to be bound and shall observe all such terms and conditions. If written permission is given, Cap Vista shall not be obliged to establish reciprocal links with any website operated by you.
8.5 Cap Vista reserves all rights to disable any hyperlinks to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
8.6 Your hyperlinking to, or your framing of this Website or the Contents or any part thereof constitute unconditional acceptance of these Terms. This is deemed to be the case even after the posting of any changes or modifications to these Terms. If you do not accept these Terms, you must immediately discontinue hyperlinking to, or framing of this Website or the Contents or any part thereof.
9.1 Internet communications may be susceptible to interference or interception by third parties. Cap Vista makes no representations or warranties that the Website and Content are free of infection by computer viruses or other unauthorised software. This is without prejudice to Clause 4.1.
9.2 You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your internet browser cookies and cache before and after accessing and using the Website.
10. GOVERNING LAW
10.1 These Terms shall be construed, governed and interpreted in all respects in accordance with the laws of the Republic of Singapore.
10.2 By accessing this Website, you agree to submit to the exclusive jurisdiction of the Singapore courts in relation to any and all disputes arising out of or in connection with these Terms and/or the use of this Website or Content or any part thereof.
11.1 In the event that any provision in these Terms is determined to be illegal, invalid or unenforceable, in whole or in part, such provision or part of it shall, to the extent it is illegal, invalid or unenforceable, be deemed not to form part of the Terms and the legality, validity and enforceability of the remainder of the Terms shall not be affected.
11.2 In no event shall any delay, failure or omission on our part in enforcing any right, power, privilege, claim or remedy (“Remedy”), which is conferred under these Terms or at law or in equity, or arises from any breach by you, (a) be deemed to be construed as a waiver or variation thereof, or of any other such Remedy, in respect of the particular circumstances in question, or (b) operate so as to bar the enforcement or exercise thereof, or of any other such remedy in any other instances at any time or times thereafter.
11.3 No waiver of any breach of these Terms shall be deemed to be a waiver of any other or of any subsequent breach.
11.4 Any waiver granted under these Terms must be in writing and may be given subject to conditions. Such waiver under these Terms shall be effective only in the instance and for the purpose for which it is given.
11.5 Any consent given under these Terms may be subject to such conditions as Cap Vista considers appropriate.