www.digiconasia.net Open in urlscan Pro
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TERMS OF USE


DIGICONASIA TERMS OF USE

 

This website located at https://www.digiconasia.net/ (“the Site”) is a
copyrighted work belonging to ThinkLogic Pte Ltd (“the Company”). Certain
features of the Site may be subject to additional guidelines, terms, or rules,
which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference
into these Terms.

These Terms of Use described the legally binding terms and conditions that
oversee your use of DigiconAsia services. BY LOGGING INTO THE SITE, YOU ARE
BEING COMPLIANT TO THESE TERMS AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND
CAPACITY TO ENTER INTO THESE TERMS. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO
ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO
NOT LOG INTO AND/OR USE THE SITE.


ACCESS TO THE SITE

Subject to these Terms. The Company grants you a non-transferable,
non-exclusive, revocable, limited license to access DigiconAsia site solely for
your own personal, non-commercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to
the following restrictions: (a) you shall not sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit the Site; (b) you
shall not change, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Site; (c) you shall not access the Site in
order to build a similar or competitive website; and (d) except as expressly
stated herein, no part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means unless otherwise indicated, any future release, update, or other addition
to functionality of the Site shall be subject to these Terms.  All copyright and
other proprietary notices on the Site must be retained on all copies thereof.

The Company reserves the right to change, suspend, or cease this Site with or
without notice to you.  You agree that DigiconAsia will not be held liable to
you or any third-party for any change, interruption, or termination of the Site
or any part.

No Support or Maintenance. You agree that DigiconAsia will have no obligation to
provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks, and
trade secrets, in the Site and its content are owned by DigiconAsia and its
partners. Note that these Terms and access to the Site do not give you any
rights, title or interest in or to any intellectual property rights, except for
the limited access rights expressed herein. DigiconAsia reserve all rights not
granted in these Terms.


THIRD-PARTY LINKS & ADS; OTHER USERS

Third-Party Links & Ads. The Site may contain links to third-party websites and
services, and/or display advertisements for third-parties.  Such third-party
links & ads are not under the control of DigiconAsia, and we are not responsible
for any third-party links & ads.  DigiconAsia provides access to these
third-party links & ads only as a convenience to you, and does not review,
approve, monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk,
and should apply a suitable level of caution and discretion in doing so. When
you click on any of the Third-Party Links & Ads, the applicable third party’s
terms and policies apply, including the third party’s privacy and data gathering
practices.

Other Users. Each site user is solely responsible for any and all of its own
User Content.  Because we do not control User Content, you acknowledge and agree
that we are not responsible for any user content, whether provided by you or by
others.  You agree that DigiconAsia will not be responsible for any loss or
damage incurred as the result of any such interactions.  If there is a dispute
between you and any other Site user, we are under no obligation to become
involved.

You hereby release and forever discharge that this Site and our officers,
employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim, controversy,
demand, right, obligation, liability, action and cause of action of every kind
and nature, that has arisen or arises directly or indirectly out of this site.

Cookies and Web Beacons. Like any other website, DigiconAsia uses ‘cookies’.
These cookies are used to store information including visitors’ preferences, and
the pages on the website that the visitor accessed or visited. The information
is used to optimize the users’ experience by customizing our web page content
based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie. Google is one of a third-party vendor on our
site. It also uses cookies, known as DART cookies, to serve ads to our site
visitors based upon their visit to www.website.com and other sites on the
internet. However, visitors may choose to decline the use of DART cookies by
visiting the Google ad and content network Privacy Policy at the following URL –
https://policies.google.com/technologies/ads

Our Advertising Partners. Some of advertisers on our site may use cookies and
web beacons. Each of our advertising partners has their own Privacy Policy for
their user data. Thus, we are advising you to consult the respective Privacy
Policies of these third-party ad servers for more detailed information. It may
include their practices and instructions about how to opt-out of certain
options.


DISCLAIMERS

The site is provided on an “as-is” and “as available” basis, and DigiconAsia
together with our partners expressly disclaim any and all warranties and
conditions of any kind, whether express, implied, or statutory, including all
warranties or conditions of merchantability, fitness for a particular purpose,
title, quiet enjoyment, accuracy, or non-infringement.  We make no guarantee
that the site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be accurate,
reliable, free of viruses or other harmful code, complete, legal, or safe.


LIMITATION ON LIABILITY

To the maximum extent permitted by law, in no event shall DigiconAsia and/or the
Company be liable to you or any third-party for any lost profits, lost data,
costs of procurement of substitute products, or any indirect, consequential,
exemplary, incidental, special or punitive damages arising from or relating to
these terms or your use of, or incapability to use the site even if we have
advised of the possibility of such damages.  Access to and use of the site is at
your own discretion and risk, and you will be solely responsible for any damage
to your device or computer system, or loss of data resulting therefrom.

Term and Termination. Subject to this section, these terms will remain in full
force and effect while you use the site.  We may suspend or terminate your
rights to use the site at any time for any reason at our sole discretion,
including for any use of the site in violation of these terms.  Upon termination
of your rights under these terms, your account and right to access and use
DigiconAsia services will be terminated immediately.  You understand that any
termination may involve deletion of your user content associated with your
account from our live databases.  We will not have any liability whatsoever to
you for any termination of your rights under these terms.


COPYRIGHT POLICY.

DigiconAsia respects the intellectual property of others and asks that users of
this site do the same.  In connection, we have adopted and implemented a policy
respecting copyright laws that provide for the removal of any infringing
materials and for the termination of this site’s users who are repeated
infringers of intellectual property rights, including copyrights.  If you
believe that one of our users is, through the use of our site, unlawfully
infringing the copyright(s) in a work, and wish to have the allegedly infringing
material removed, the following information in a written notification must be
provided to us:

 * your physical or electronic signature;
 * identification of the copyrighted work(s) that you claim to have been
   infringed;
 * identification of the material on the Site that you claim is infringing and
   that you request us to remove;
 * sufficient information to permit us to locate such material;
 * your address, telephone number, and e-mail address;
 * a statement that you have good faith/belief that use of the objectionable
   material is not authorized by the copyright owner, its agent, or under the
   law; and
 * a statement that the information in the notification is accurate, and under
   penalty of perjury, that you are either the owner of the copyright that has
   allegedly been infringed or that you are authorized to act on behalf of the
   copyright owner.


GENERAL

These terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail address
you provided to us and/or by prominently posting notice of the changes on our
site.  You are responsible for providing us with your most current e-mail
address.  In the event that the last e-mail address that you have provided us is
not valid our dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of the changes described in the notice. These
changes will be effective immediately for new users of our Site.  Continued use
of our Site following notice of such changes shall indicate your acknowledgement
and agreement to be bound by its terms and conditions.


DISPUTE RESOLUTION

Please read this Arbitration Agreement carefully. It is part of your contract
with Company and affects your rights.  It contains procedures for MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection
with the terms or the use of any product or service provided by DigiconAsia that
cannot be resolved informally or in small claims court shall be resolved by
binding arbitration on an individual basis under the terms of this Arbitration
Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be
held in English.  This arbitration agreement applies to you and DigiconAsia, and
to any subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written notice of
dispute describing the nature and basis of the claim, and the requested relief. 
A notice for us shall be sent to our company’s address written below. After the
notice is received, we may attempt to resolve the dispute informally,  If would
still not be resolve within thirty (30) days after the notice is received,
either party may begin an arbitration proceeding.  The amount of any settlement
offer made by any party may not be disclosed to the arbitrator until after the
arbitrator has determined the amount of the award to which either party is
entitled.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone, online
and/or based solely on written submissions; the specific manner shall be chosen
by the party initiating the arbitration.  The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the
parties.

Time Limits. If you or DigiconAsia pursues arbitration, the arbitration action
must be initiated within the statute of limitations and within any deadline
imposed.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide
the rights and liabilities of you and the company, and the dispute will not be
consolidated with any other matters or joined with any other cases or parties. 
The arbitrator shall have the authority to grant motions dispositive of all or
part of any claim.  The arbitrator shall have the authority to award monetary
damages, and to grant any non-monetary remedy or relief available to an
individual under applicable terms.  The arbitrator shall issue a written award
and statement of decision describing the essential findings and conclusions on
which the award is based.  The arbitrator has the same authority to award relief
on an individual basis that a judge in a court of law would have.  The award of
the arbitrator is final and binding upon you and the company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by arbitration
under this Arbitration Agreement.  Arbitration procedures are typically more
limited, more efficient and less expensive than rules applicable in a court and
are subject to very limited review by a court.  In the event any litigation
should arise between you and DigiconAsia in any state or federal court in a suit
to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY
WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved
by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the
scope of this arbitration agreement must be arbitrated or litigated on an
individual basis and not on a class basis, and claims of more than one customer
or user cannot be arbitrated or litigated jointly or consolidated with those of
any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly
confidential.  The parties agree to maintain confidentiality unless otherwise
required by law.  This paragraph shall not prevent a party from submitting to a
court of law any information necessary to enforce this agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this arbitration agreement are found under
the law to be invalid or unenforceable by a court of competent jurisdiction,
then such specific parts shall be of no force and effect and shall be severed
and the remainder of the agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this
arbitration agreement may be waived by the party against whom the claim is
asserted.  Such waiver shall not waive or affect any other portion.

Survival of Agreement. This arbitration agreement will survive the termination
of your relationship with Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may
bring an individual action in a small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain
the status quo pending arbitration.  A request for interim measures shall not be
deemed a waiver of any other rights or obligations under this arbitration
agreement.

Electronic Communications. The communications between you and DigiconAsia is
largely through electronic means, whether you use the site or send us emails, or
whether we post notices on the site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from us in an
electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal obligation that such communications would
satisfy if it were to be in a hardcopy written communication.

Entire Terms. These Terms constitute the entire agreement between you and us
regarding the use of the site. Our failure to exercise or enforce any right or
provision of these terms shall not operate as a waiver of such right or
provision. The section titles in these terms are for convenience only and have
no legal or contractual effect. The word “including” means “including without
limitation”. If any provision of these terms is held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired and the
invalid or unenforceable provision will be deemed modified so that it is valid
and enforceable to the maximum extent permitted by law.  Your relationship to us
is that of an independent contractor, and neither party is an agent or partner
of the other.  These terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
DigiconAsia’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. 
Company may freely assign these terms.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright © 2019. All rights reserved.  All
trademarks, logos and service marks displayed on the site are our property or
the property of other third-parties. You are not permitted to use these marks
without our prior written consent or the consent of such third party which may
own the marks.


CONTACT INFORMATION

Address: 1 Raffles Place, #44-01A Tower One, Singapore 048616

Email: inquiry@digiconasia.net

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