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User Agreement for PhysicsandCalculus.com
Website
All the contents of
PhysicsandCalculus.com belong to Oman Consulting Inc (“OCI”).
1. Intellectual Property
1.1 Unless otherwise indicated the copyright,
database right and rights of an allied nature in the material
contained in the Website, together with the website design, text
and graphics, and their selection and arrangement, belong to OCI.
All rights are reserved. None of this material may be reproduced
or redistributed without its prior written permission. You may,
however, download or print a single copy for your own
non-commercial off-line viewing.
1.2 You agree that any logos, names, service
marks, trade marks and other devices (collectively referred to
as “Marks”) pertaining to OCI that may be displayed on this
Website are its registered and/or unregistered Marks. Nothing
contained on this Website should be construed as granting, by
implication, estoppel, or otherwise, any licence or right to use
any of the Marks belonging to it or to third parties that are
displayed on this Website without prior written permission.
1.3 Certain product and company names
mentioned on this Website or material displayed on this Website
may be intellectual property belonging to third parties. OCI
does not warrant or represent that if you use such material you
will not infringe the legal rights of these third parties.
2. Acceptable Use
2.1 You may only use the Website in
accordance with these Terms and Conditions and, in any event,
for lawful and proper purposes which includes complying with all
applicable laws, regulations and codes of practice within
Singapore or other jurisdictions from which you are accessing
this Website.
2.2 In particular, you agree that you will
not:
(i) upload, post, e-mail or otherwise
transmit to the Website or to OCI:
(a) any content that is abusive,
defamatory, harassing, harmful, invasive of privacy,
objectionable (due to attitudes towards disability; gender;
race, descent, ethnicity or nationality; religion or belief;
sexual orientation; or other personal characteristics),
obscene, threatening, tortious or unlawful, or otherwise use
this Website in a manner which causes or may cause an
infringement of the rights of any third party;
(b) any content that you do not have a
right to transmit under any law (including content that
infringes the intellectual property rights of any third
party), or under contractual or fiduciary relationships
(such as confidential or proprietary information learned or
disclosed as part of employment relationships or under
non-disclosure agreements); and
(c) any unsolicited or unauthorised
advertising or promotional materials or any other form of
solicitation, including but not limited to chain letters,
junk mail and spam;
(ii) impersonate any person or entity, falsely
state or otherwise misrepresent your affiliation with any person
or entity, or take any action to disguise the origin of any
content transmitted to the Website or to OCI;
(iii) use any software, routine or device to
interfere or attempt to interfere electronically or manually
with the operation or functionality of this Website, including
but not limited to uploading or making available through
whatever means files containing corrupt data, software viruses
or any computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
(iv) deface, alter or interfere with the
front-end “look and feel” of this Website or the underlying
software code;
(v) take any action which imposes an
unreasonable or disproportionately large load on this Website or
its related infrastructure;
(vi) obtain or attempt to obtain unauthorised
access, through whatever means, to any of computers, networks or
servers owned or used by OCI; and/or
(vii) collect or store personal information
about other users of the Website.
2.3 You may only use the Website in the
capacity of an end-user. You must not, without the prior written
permission of OCI:
(i) sell, resell or otherwise exploit; copy or
reproduce for the purpose of such sale, resale or exploitation;
or carry out an act preparatory to any of the foregoing acts in
respect of; any portion of the Website, or documents or
information obtained from the Website; or
(ii) access or use the Website;for providing
database, information, service-bureau or other commercial
services to third parties.
2.4 Without prejudice to any of our other
rights, whether at law or otherwise, OCI reserves the right to
deny you access to this Website where it believes in its
absolute discretion that you are in breach of any of these terms
and conditions.
2.5 You agree to indemnify and hold OCI, its
subsidiaries, affiliates, officers, employees and agents,
harmless from any claim or demand, including legal fees on an
indemnity basis, made by any third party due to or arising out
of your use of this Website; content you submit, post to or
transmit to the Website or to OCI; or your violation of these
terms and conditions or of the rights of any third party.
3. Access to the
Website and its Content
3.1 OCI
will endeavor to allow you uninterrupted access to this Website,
but access to this Website may be disrupted, restricted,
suspended or terminated at any time at its discretion or for
reasons beyond its control.
3.2 OCI reserves the right to improve,
change, modify, substitute or remove any information on this
Website, or terminate this Website, at any time without notice.
3.3 Any communication or material that you
transmit to this Website or to the OCI by electronic mail or
otherwise, including any comments, data, questions and
suggestions, is and will be treated as non-confidential and
non-proprietary unless a prior arrangement in writing is made
between you and OCI. OCI may preserve any such content and may
disclose it to third parties if required to do so by law or in
the good faith belief that such preservation or disclosure is
necessary to comply with legal process; respond to claims that
the content violates the rights of third parties; enforce these
Terms and Conditions; or protect the rights, property or
personal safety of this Website and its users.
3.4 OCI does not review any third-party web
pages or websites hyperlinked to this Website and is not
responsible for the content of any such off-site pages or sites.
If you visit such off-site pages or sites through this Website,
you do so at your own risk.
4. Exclusions of
Liability
4.1 OCI uses reasonable endeavors to ensure
that the information on the Website is accurate and to correct
any errors or omissions as soon as practicable after being
notified of them. However, to the extent permitted by applicable
law, it disclaims all warranties and representations (whether
express or implied) as to the accuracy of any information
contained on this Website.
4.2 Due to the nature of electronic
transmission of data over the Internet, OCI does not warrant:
(i) that access to this Website will be
fault-free, secure, timely or uninterrupted, or that the Website
will be free from 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; or
(ii) the accurate receipt or security of any
information transmitted by you by electronic mail or otherwise
to the Website or OCI.
Accordingly, your use of this Website, and the
electronic transmission of any document or information by you to the
Website or OCI is at your own risk.
4.3 The liability of OCI and/or of any other
party involved in creating, producing or delivering this Website
(the ‘Web Programmer’) for any damages, claims or losses arising
from an inability to access this Website, or from any use of
this Website or reliance on the data transmitted using this
Website, is excluded to the fullest extent permissible by law.
In no event shall OCI or the Web Programmer be liable for any
anticipated savings, business, goodwill, loss of profit,
opportunity, revenues or other direct, indirect, consequential,
incidental or special loss or damage of any kind, whether
arising from breach of contract, tort (including negligence,
defamation and infringement of copyright or database right or
other intellectual property rights) or otherwise arising out of
use of this Website, whether or not notified of such damage or
loss arising, except where such liability cannot be excluded by
law.
4.4 On this website, OCI may from time to
time provide you with information on third-party suppliers and
the goods and services they deal in and/or the events that they
organize. Any goods, services or events not stated to be
provided or organized by it are provided by such third parties
over whom it has no control. Nothing on this Website should be
construed as an endorsement by or recommendation from OCI to buy
any products or services featured or to participate in any
events. You should satisfy yourself that you wish to purchase
the goods or services or participate in the events in question
before contracting with the suppliers. The suppliers will deal
with you on their own terms and conditions and you should check
that you agree to those terms and conditions before making any
financial commitment. OCI accepts no liability for any goods or
services provided or events organized by such third-party
suppliers.
4.5 OCI does not monitor, verify or endorse
information submitted by third parties for posting on this
Website. You should be aware that such information may be
inaccurate, incomplete or out of date.
4.6 OCI endeavors to prepare the content of
the Website in accordance with Singapore law. It does not
warrant that the Website will satisfy the laws of any
jurisdiction other than Singapore.
4.7 Without limiting the foregoing,
everything on this Website is provided to you “as available” and
“as is”, and OCI disclaims to the fullest extent permissible by
law any representation, warranty or responsibility of any kind,
either express or implied, in relation to any information, goods
or services offered, accessed or obtained through this Website.
It also makes no representations or warranties, express or
implied, with respect to this Website, or any part of it,
including any warranties of title, non-infringement of the
intellectual property rights of third parties, merchantability,
satisfactory quality, or fitness for any purpose.
5. Other terms
5.1 These terms and conditions contain all
the terms of your agreement with OCI relating to your use of the
Website, and supersede any prior agreements, if any, between you
and OCI.
5.2 OCI may modify these terms and conditions
at any time. Such modification shall be effective immediately
upon posting of the modified terms and conditions on this
Website. Accordingly, your continued or subsequent access or use
of this Website shall be deemed to be your acceptance of the
modified terms and conditions.
5.3 You agree that notices and legal process
may be sent to you or served on you either personally, through
the post, or by e-mail.
5.4 The failure of OCI to exercise or enforce
any right or provision of these terms and conditions shall not
constitute a waiver of such right or provision. If any provision
of these terms and conditions is found by a court of competent
jurisdiction to be invalid, you agree that the court should
endeavour to give effect to the parties’ intentions as reflected
in the provision, and that the other provisions of these terms
and conditions remain in full force and effect.
5.6 The section headings in these terms and
conditions are for convenience only and have no legal or
contractual effect.
5.7 Your use of this Website, any downloaded
material from it and the operation of these terms and conditions
shall be governed by, construed and interpreted in accordance
with the laws of Singapore and you agree to submit to the
non-exclusive jurisdiction of the Singapore Courts. OCI reserves
the right, if it sees fit, to bring proceedings in the courts of
the country of your residence.
5.8 None of these terms and conditions shall
be enforceable under the Contracts (Rights of Third Parties) Act
(Cap 53B) by a person who is not a party to it.
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