Terms Of Use - Maxwell Chambers

1. Overview

1.1 Thank you for visiting the Website of Maxwell Chambers Pte. Ltd. (“MC”, “us” or “our”) at www.maxwellchambers.com (“Website”). By accessing and using any part of this Website, you have indicated acceptance to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, your sole and exclusive remedy is to exit this Website.

1.2 These Terms of Use govern access to and use of our Website. You must not access or use our Website except in accordance with the Terms of Use, any applicable laws and any other notices, policies or conditions that MC may issue or update on this Website from time-to-time.

1.3 These Terms of Use may be updated from time to time. All changes will be published on this page, and your use of this Website after such changes have been published will indicate your agreement to the modified Terms of Use and all of the changes. As such, you are reminded to check the Website on a regular basis to obtain the most updated version of the Terms of Use.

1.4 In the event of any inconsistency between the provisions in this Terms of Use and any terms and conditions of a separately signed agreement with you to the extent that such agreement authorises you to use our Website, the terms and conditions in such separately signed agreement shall prevail.

2. Use of Website

2.1 You must not do or attempt to do anything of the following, or use this Website to do any of the following, without our prior written consent:-

(a) use this Website in any manner that could damage, disable, overburden or impair any service provided or function of via the Website (or the network(s) connected to the Website) or interfere with any other party’s use or enjoyment of any such service or the Website;

(b) gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, or our internal and external servers through hacking, password mining or any other means;

(c) obtain or attempt to obtain any materials, content or data through any means not intentionally made available through the Website;

(d) manipulate any content on the Website by way of hacking, backdoor code insertion, or any other means;

(e) decompile, reverse engineer or disassemble our Website;

(f) infringe or misappropriate our intellectual property rights or the intellectual property rights of any person;

(g) use our Website in any manner that could negatively affect or is prejudicial to MC’s reputation; and

(h) use our Website in any manner or for any purpose that is unlawful or prohibited by these Terms of Use or any other notices and conditions that MC may issue from time-to-time.

2.2 Except as otherwise provided or agreed between you and MC, the contents of our Website, including but not limited to text, software, code, scripts, webpages, graphical user interface, photographs, video, graphics or other material, are for your personal and non-commercial use only. The contents of our Website shall not be used, modified, reproduced, republished, uploaded, posted, transmitted, performed, licensed or otherwise used or distributed in any way, without the prior permission of MC. Any action as such will be a violation of MC’s or third parties’ copyright and other intellectual property rights. To use any parts of the contents of our Website other than for personal and non-commercial use, the user must seek permission from MC and/or the relevant third party in writing. MC reserves the right to refuse permission without providing any reasons.

2.3 This Website contains hyperlinks to other websites which are not maintained by or under the control of MC (“Linked Sites”). MC is not responsible for the contents, accuracy, availability, or functionality of those Linked Sites, including (without limitation) any link contained in a Linked Site or any updates to a Linked Site, and shall not be liable for any damages, loss or any other consequences arising from access to those Linked Sites. Use of the hyper-links and access to such Linked Sites are entirely at your own risk.

2.4 Hyperlinks to Linked Sites are provided as a convenience to the user. In no circumstances shall MC be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on Linked Sites to which this Website is linked. You are responsible for viewing and abiding by the terms of use or other policies of each Linked Site you access.

2.5 Save as set out below, caching and links to, framing or mirroring of this Website or any of the contents therein are prohibited except that: –

(a) you may link to the full homepage of this Website (being: https://www.maxwellchambers.com/); and

(b) you may hyperlink to an internal page or frame any content of this Website or engage in any similar activities, only after making a specific request and obtaining permission from MC.

2.6 Your linking to, or your framing of this Website or any of the contents constitutes acceptance of these Terms of Use. This is deemed to be the case even after any changes or modifications to these Terms of Use are published. If you do not accept these Terms of Use, you must discontinue linking to, or framing of this Website or any of the contents therein.

2.7 Under no circumstances shall MC be considered to be associated or affiliated with any trade marks, logos, insignia or other devices used or appearing on Websites that link to this Website or any of the contents.

3. General

3.1 New services

MC has the right, but will not be obliged to adapt and/or modify our Website or to introduce new services, functions and/or features (all such adaptations, modifications and/or new services, functions and features to be collectively referred to as “New Services”). The term “service” shall include New Services unless otherwise indicated. All New Services shall be governed by this Terms of Use and may be subject to additional terms and conditions (“Additional Terms”) which you shall be required to agree to before you proceed to use such New Services. In the event of any inconsistency between this Terms of Use and the Additional Terms, the Additional Terms shall prevail.

3.2 Disclaimer of Warranties

Our Website and the contents and services provided on or via our Website are provided on an “as-is” and “as-available” basis without warranties or representations of any kind. MC does not warrant or represent and disclaims any warranty or representation, whether implied, express or statutory and including (without limitation):

(a) any warranty or representation as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of any contents or functions on our Website;

(b) any warranty or representation that the contents and services available on or through our Website will be uninterrupted or error-free, or that any defects will be corrected; or

(c) any warranty or representation that the Website and the servers are and will be free of all viruses or other harmful or destructive elements; and

(d) any warranty or representation that certain product / company names or material displayed on the Website may be intellectual property belonging to third parties. MC does not warrant or represent that if you use such material you will not infringe the legal rights of these third parties.

MC shall also not be liable for any damage or loss of any kind caused as a result (including without limitation direct, indirect, special or consequential damages) of the use of the Website, or services provided via the Website, including (without limitation) any damage or loss suffered as a result of reliance on the contents contained in or available from the Platform, or any system, server or connection failure, error, interruption or delay in transmission.

3.3 Indemnities

You shall fully indemnify MC, our affiliates, officers and employees, or our suppliers and partners and their officers of employees, against all actions or claims arising out of your breach of the terms and the provisions contained herein or in connection with your access to or use of our Website.

3.4 Liability

The total aggregate liability owing by us or to you under or in connection with these Terms of Use shall be capped at no more than five hundred Singapore Dollars (SGD 500).

3.5 Force majeure

Notwithstanding any other provision in this Terms of Use, MC will not be liable for non-performance, error, interruption or delay in the performance of our obligations, including (without limitation) the operations of the Website, if this is due in whole or in part, directly or indirectly to a cause beyond MC’s reasonable control. Such causes include (without limitation):

(a) acts of God, including (without limitation) flood, lightning, fire, earthquakes and other natural disasters, including epidemics or pandemics as defined by the World Health Organisation;

(b) power failure, communications line interruption, technical and computer-related faults and breakdowns, server outage, website vandalism, computer virus invasion or attack, hacker attack, temporary or permanent website closure or shutdown (caused by governmental control or otherwise);

(c) judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact; and

(d) acts or omissions of any third party service providers or suppliers, or a party for whom MC is not responsible.

3.6 Notices

Any notices, demands or other communications, may be deemed served by MC by publishing them on this Website or by email or such other methods as prescribed in this Terms of Use from time to time. All such notices, demands or other communications are deemed served on you when

(a) published on this Website;

(b) if by email, when sent to your email address notified to MC in writing; such email notice shall be effective on the date and time of transmission by the email server used by MC and/or our service provider, unless MC receives a non-delivery reply message or any error message indicating that the email was not successfully sent to your mailbox or your mail server or the mailbox of your designated service provider within twenty four (24) hours from the time of transmission of the email from the email server used by MC or our service provider; or

3.7 Records

You acknowledge and agree that MC’s records of the communications, transactions, instructions or operations made or performed, processed or effected through the Website by:

(a) you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent; and

(b) MC or any relevant person authorised by MC relating to the Website,

shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.

You agree that such records are admissible as evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system, and hereby waive any of your rights (if any) to so object.

3.8 Termination

We reserve the right to temporarily suspend or permanently disable your access to all or any part of our Website at any time for any reason, including (without limitation) where we suspect you to be in breach of these Terms of Use, without notice.

3.9 Severability

If any provision or part thereof of these Terms of Use is held to be invalid or unenforceable, such provision or part thereof shall be removed, or modified to the minimum extent necessary to effect our commercial intention, and the remaining provisions shall remain unchanged, valid and enforceable.

3.10 Third Party Rights

A person who is not a party to this Terms of Use has no right under the Contracts (Rights of Third Parties) Act 2001, to enforce any terms of this Terms of Use.

3.11 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Singapore.

3.12 Dispute Resolution

Any dispute, controversy or claim arising under, out of, in connection with or in relation to this Terms of Use, including any dispute as to its existence, validity, interpretation, performance, breach or termination and any dispute relating to any non-contractual obligations arising out of or in connection with it shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force and the conduct of the arbitration thereof shall be under the administration of the Singapore International Arbitration Centre. The arbitral tribunal shall consist of one (1) arbitrator. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English.