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Acceptance of Terms
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Tenchi Marketing Pte Ltd (“Tenchi”) provides online
resources and services, including but not limited to classified ads, quotation services,
price listings, forums, various email services, etc (referred to hereafter as the
"Services") through its EZSEARCH website, presently located at
http://www.ezsearch.com.sg
(“Site”). Through your use and access of this Site, you agree to
be bound by and comply with these Terms of Service (“Terms”) and
you expressly consent to our use and disclosure of your personal information in
accordance with the Privacy Policy, presently located at
www.ezsearch.com.sg/main/privacy.php. In addition, when using any particular
Service, you agree to abide by any applicable posted guidelines for the Services.
Should you object to any of these Terms, the Privacy Policy, any guidelines, or
any subsequent modifications there to or become dissatisfied with any of the Services
or the Site in any way, your only recourse is to immediately discontinue use of
the Site and the Services. Your use and/or continued use of this Site, or access
and use of the Services, constitute your agreement to be bound by and comply with
the Terms.
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Variation of Terms
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We shall have the right to change, modify, add or remove any of the Terms, in whole
or in part, at any time as we, in its absolute discretion, deem fit. Such modifications
to the Terms shall be posted on the Site at least 30 days
prior to their implementation.
Your continued use of the Site
after the effective date of any modifications will
constitute your acceptance of all of the modifications.
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Use of Services
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By your use of the Service(s), you represent that you have the right and capacity
to enter into a binding contract. If you do not have such right and capacity, please
do not use the Services.
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In order to access certain Services, you may be required to provide current, accurate
and complete particulars and information as part of the registration process and/or
use of the Services offered by Tenchi and its subsidiaries or affiliated companies.
[In addition, you undertake to promptly notify Tenchi of any changes in the particulars
or information provided.]
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You are responsible for maintaining the confidentiality of your EZSEARCH account
and password and are responsible for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your password or account
or any other breach of security. We cannot and will not be liable for any loss or
damage arising from your failure to comply with the foregoing. Further, your EZSEARCH
account and User ID are personal to you and may not be transferred or sold to another
party.
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We reserve the right to provide any of the Services to any particular person, or
to block access from a particular Internet address to the Site, at any time without
ascribing any reasons whatsoever.
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Content and Related User Conduct
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You understand that we are not responsible for any information, data, text, messages,
files, images, photographs, video, sounds, or other materials ("Content")
posted on, transmitted through, or linked from the Site and/or Services, which originate
from third party websites. More specifically, you are entirely responsible for all
Content that you post, email or otherwise make available on the Site or via the
Services. You agree not to cause, nor knowingly allow others to cause any nuisance,
annoyance, or inconvenience, whether to us or any of our customers or users of the
Site by any means. You understand that by using the Services, you may be exposed
to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable
and that you are using the Site wholly at your own risk.
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You understand that we do not fully control, and is not responsible for Content
made available through the Services. We do not assume responsibility of errors or
omissions or warrant the accuracy of this Content.
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You acknowledge that we do not pre-screen or approve all its Content, but that we
shall have the right (but not the obligation) in its sole and absolute discretion
to monitor, refuse, delete or move any Content, in whole or in part, that is available
via the Services, for non-compliance with the Terms or for any other reason.
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As a condition of your use of the Site, you agree not to upload, post, email, or
otherwise publish through this Site any Content:
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that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way;
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that is pornographic or depicts a human being engaged in actual sexual conduct including
but not limited to (i) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or opposite sex,
or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse,
or (v) lascivious exhibition of the genitals or pubic area of any person;
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that harasses, degrades, intimidates or is hateful toward an individual or group
of individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
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that impersonates any person or entity, including, but not limited to, a Tenchi
employee, or falsely states or otherwise misrepresents your affiliation with a person
or entity (this provision does not apply to messages that are lawful non-deceptive
parodies of public figures.);
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that includes personal or identifying information about another person without that
person's explicit consent;
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that is false, deceptive, misleading, deceitful, or constitutes "bait and switch"
advertising;
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that infringes any patent, trademark, trade secret, copyright or other intellectual
property or proprietary rights of any party, or Content that you do not have a right
to make available under any law;
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that constitutes or contains "affiliate marketing", "link referral code", "junk
mail", "spam", "chain letters", "pyramid schemes", “multi-level marketing arrangements
or schemes” or unsolicited commercial advertisements or messages;
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that constitutes or contains any form of advertising or solicitation if (1) posted
in areas of the Site which are not designated for such purposes; or (2) emailed
to EZSEARCH users who have requested not to be contacted about other services, products
or commercial interests;
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that includes links to commercial services or web sites, except as permitted under
these Terms;
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that advertises any illegal services or the sale of any items the sale of which
is prohibited or restricted by applicable laws, including without limitation items
the sale of which is prohibited or regulated by the laws of Singapore;
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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;
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that disrupts the normal flow of dialogue with an excessive number of messages (flooding
attack) to the Services, or that otherwise negatively affects other users' ability
to use the Services; or
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that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Services.
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Additionally, you agree not to:
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contact anyone who has asked not to be contacted;
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"stalk" or otherwise harass anyone;
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collect personal information about other users for commercial or unlawful purposes;
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use automated means, including spiders, robots, crawlers, data mining tools, or
the like to download data from the Services, unless expressly permitted by us;
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post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
Tenchi’s infrastructure;
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post the same item or service in more than one classified category or forum; or
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attempt to gain unauthorized access to Tenchi’s computer systems or engage in any
activity that disrupts, diminishes the quality of, interferes with the performance
of, or impairs the functionality of, any of the Services or the Site.
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You agree that any Content that you or individuals acting on your behalf provide
to any Service will not be considered confidential or proprietary. By providing
any such Content to us, you grant to us an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly perform, transmit and
distribute such information and materials, and you further agree that we are free
to use any ideas, concepts or know-how that you or individuals acting on your behalf
provide to us.
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For international users, you agree to comply with your own local laws and rules
regarding to online conduct and acceptable content, including laws regulating the
export of information to Singapore or your country of residence.
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Hyperlinks to Third Party Sites
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Any Content available through the Service may contain links to other
websites, which
are completely independent of us and the Site. Such links are provided for your
convenience only. We make no representation or warranty as to the accuracy, completeness
or authenticity of the information contained in any such site.
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Your linking to any other websites is at your own risk. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, that you may
not rely on said Content, and that under no circumstances will we be liable, directly or indirectly, in any way for any Content or for any loss or damage of any kind
incurred or arising as a result of the use of any Content posted, emailed, goods
or Services available on or through any such site.
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Security
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We use our best endeavours to store all Personal Information on servers with restricted
access, and all electronic storage and transmission of Personal Information are
secured with appropriate security technologies. Not withstanding the foregoing,
we cannot guarantee that such precautions would render the Site and our servers
immune to security breaches.
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We reserve all rights to disable any links to any site 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.
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Information Disclosure
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You acknowledge and agree that we may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses,
timestamps, and other user information, for planning, research, design and marketing
of services, or if required to do so by law or in the good faith belief that such
preservation or disclosure
is reasonably necessary to:
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comply with legal requirements and process;
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enforce these Terms;
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respond to claims that any Content violates the rights of third-parties;
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respond to claims that contact information (e.g. phone number, street address) of
a third-party has been posted or transmitted without their consent or as a form
of harassment;
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protect the rights, property, or personal safety of Tenchi, its users or the general
public.
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Any information disclosed in public areas of the Site (such as those in classified
ads and forums) becomes public information. You should exercise caution when disclosing
your personal information in the public areas of the Site.
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No Spam Policy
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You understand and agree that sending unsolicited email advertisements to our email
addresses or through our computer systems, is expressly prohibited under these Terms.
Any unauthorized use of our computer systems is a violation of the Computer Misuse
Act (Cap.50A) and may subject the sender and his or her agents to civil and criminal
penalties.
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Advertisements and Promotions
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We run advertisements and promotions [on the Site]. By accessing and using the Site
and the Services, you agree that we have the right to run such advertisements and
promotions [on the Site]. The
manner, mode and extent of advertising by us are subject
to change. Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Services, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that we shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such advertisers
on the Service.
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Limitations of Services
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You acknowledge that we may establish limits concerning use of the Services, including
the maximum number of days that Content will be retained on the Site or by the Services,
the maximum number and size of any postings, email messages, or other Content that
may be transmitted or stored by the Services. You agree that we have no responsibility
or liability for the deletion or failure to store any Content maintained on the
Site or transmitted by the Services. You acknowledge that we reserve the right at
any time to modify or discontinue the Services (or any part thereof) with or without
notice, and that we shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Services.
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Access and Use of Services
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We grant you a limited, revocable, non-exclusive license to access and use the Site
and Services for your own personal use, and not to download (other than page caching)
or modify it, or any portion of it, or any Content made available via the Site and/or
the Services (except for your own Content), without our express written consent.
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This license does not include any collection, aggregation, copying, duplication,
display or derivative use (including framing) of the Services nor any use of data
mining, robots, spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by us.
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A limited exception is provided to general purpose internet search engines and non-commercial
public archives that use such tools to gather information for the sole purpose of
displaying hyperlinks to the Services, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent. "General purpose
internet search engine" does not include a website or search engine or other service
that specializes in classified listings or in any subset of vehicle classifieds
or which is in the business of providing classified ad listing services.
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Some Services (e.g. classified listing) are subscription-based and only available
to advertisers for business use. In order to subscribe to the Services, you must
comply with the following requirements:
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You must be a business entity with a company or business registration number which
is registered with the Accounting and Corporate Regulatory Authority of Singapore.
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At the time of application, you must not have any outstanding accounts with us that
are due and owing to us.
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You must have a billing address in Singapore.
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You must at all times provide us with such information as may be necessary or desirable
for us to provide you with the Services.
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We may decline acceptance of your application at our sole and absolute discretion.
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Use of the Services beyond the scope of authorized access granted to you by us immediately
terminates said permission or license. In order to collect, aggregate, copy, duplicate,
display or make derivative use of the Services or any Content made available via
the Services for other purposes not stated herein (including commercial purposes),
you must first obtain a license from us.
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Termination of Services
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You agree that we, in its sole and absolute discretion, have the right to delete
or deactivate your account, block your email or IP address, or otherwise terminate
your access to or use of the Services (or any part thereof), immediately and without
notice, and remove and discard any Content within the Services, for any reason,
including, without limitation, if we believe that you have breached any of the Terms.
Further, you agree that we shall not be liable to you or any third-party for any
termination of your access to the Services. Further, you agree not to attempt to
use the Services after said termination.
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Our Rights
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If notified of any allegedly infringing, defamatory, damaging, illegal, or offensive
content on the Site, we may remove such content in its sole and absolute discretion.
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We reserve the right to prohibit any conduct or communications which we, in its
sole and absolute discretion, deem to be inappropriate or harmful, although we have
no obligation to do so.
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We may, without notice, terminate or suspend a user's access to all or any portion
of the Site or the Services, if we believe in its sole discretion that such user's
conduct is inappropriate, violates any applicable law, or harms or is potentially
harmful to any other user or third party.
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Intellectual Property and Proprietary Rights
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The Services are protected to the maximum extent permitted by intellectual property
laws and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the site or the collective work, and/or
copying or reproducing the sites or any portion thereof to any other server or location
for further reproduction or redistribution is prohibited without our express written
consent.
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Everything on the Site is copyrighted, unless otherwise noted, and may not be used
except with our express written consent.
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If you find any data or information on the Site that infringe intellectual property
rights or otherwise is unlawful, please inform us at admin@ezsearch.com.sg, and
we will remove it from the Site immediately. |
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Dealings with organizations and individuals
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Your interactions with organizations and/or individuals found on or through the
Services, including payment and delivery of products or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You agree that
we shall not be responsible or liable for any direct or indirect loss or damage
of any sort incurred or arising as the result of any such dealings. If there is
a dispute between users on the Site, or between a user and any third party, you
understand and agree that we are under no obligation to become involved. You hereby
release us, our affiliates, officers, agents, any third party content providers,
co-branders or other partners, and employees from all liability arising from any
claim or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your Content, your use of the Services, your connection to
the Services, your violation of the Terms, or your violation of any rights of another.
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We reserve the right to assume the defence and control of any matter subject to
indemnification by you, in which event you will cooperate with us in asserting any
available defences.
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Disclaimer of Warranties
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You expressly understand and agree that:
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You assume total responsibility and risk for your use of the Services. The information,
software, products, and services included on this Site may include inaccuracies
or typographical errors. We do not make any express or implied warranties, representations
or endorsements whatsoever (including without limitation, warranties of title or
non-infringement, or the implied warranties of merchantability or fitness for a
particular purpose, or representations about the suitability, reliability, timeliness
and accuracy of the Services, information, software, products, services and related
graphics contained on this Site for any purpose) with regard to the Site, any merchandise,
information or service provided through the Site, the Services or on the Internet
generally. All such information, software, products, services and related graphics
are provided “as is” without warranty of any kind.
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We make no warranty that (i) the Services will meet your requirements or will always
be accessible, (ii) the Services will be uninterrupted, timely, secure, error-free
or free from computer virus or other invasive or damaging code, (iii) the results
that may be obtained from the use of the Services will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased
or obtained by you through the Services will meet your expectations, and (v) any
errors in the Services will be corrected.
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Any Content downloaded, uploaded or otherwise obtained through the use of the Site
is done at your own discretion and risk. It is your sole responsibility to evaluate
the accuracy, completeness and usefulness of all opinions, advice, services, merchandise
and other information provided through the Site, the Services or on the Internet
generally.
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Limitation of Liability
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TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL LIABILITY FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE
DELAY OR INABILITY TO USE THIS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES.
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General information
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The Terms constitute the entire agreement between you and us and governs your use
of the Services. The Terms supersede any prior agreement between you and us. You
also may be subject to additional terms and conditions that may apply when you use
affiliate or other EZSEARCH services, third-party content or third-party software.
The Terms and the relationship between you and us shall be governed by the laws
of the Republic of Singapore without regard to its conflict of law provisions. You
and we agree to
submit to the exclusive jurisdiction of the courts of Singapore.
Our failure to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the Terms is
deemed unlawful or unenforceable, such provision shall be severed from these Terms
without prejudice to all other provisions which shall remain in full force and effect.
To the fullest extent possible, we and you shall revise such invalidated provision
or part thereof in a manner that will render such provision valid without impairing
the parties’ original intention. 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.
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Contact Information
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We welcome your feedback. Should you feel dissatisfied with any of our services,
please contact us at Fax: (65) 63827603, Email:
admin@ezsearch.com.sg.
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