- Article 1 (Application)
- Article 2 (Compliance)
- Article 4 (Duration)
- User shall pay monthly usage fee of SGD29 for the Service as set out by DARWIIN.
- If there is any delay in the payment of the usage fee by User, DARWIIN may terminate the Service.
- DARWIIN shall not refund any usage fee for the Service paid by User
- User is entitled to use the Service solely and exclusively for the internal (for company) or private (for individual) use of the User; provided, however, that User shall not, even as part of any such internal or private use, accumulate, store or use via any system that enables regular or automatic transmission of the industry and company information provided through the Service to any database or system outside of the Service.
- User shall not engage in any of the following acts during use of the Service. In cases where DARWIIN has detected engagement in such acts by User, DARWIIN may notify User and request rectification.
- Unauthorised downloading of contents (this refers to excessive downloading in terms of quantity and frequency beyond the scope of regular use of the Service);
- To tamper with, reproduce, recreate, imitate, adapt, or alter all or any part of the Service, information provided on the Service or provide such information to a third party;
- To infringe any knowhow, copyrights, patent rights, privacy rights, utility model rights, trademark rights, and any other Intellectual Property Rights and rights to register such rights (hereinafter referred to as “Intellectual Property Rights”), portrait rights, rights to privacy, reputation and any other rights or interests of DARWIIN, other users of the Service, or a third party;
- To create and provide a system similar to The Service by using information obtained through the Service;
- To do any other act that DARWIIN reasonably assesses to be inappropriate.
- DARWIIN may suspend the use of the Service without prior notice (any suspensions of the Service that can be predicted by DARWIIN shall be notified to User through THE SERVICE) if:
- repair or maintenance of the system or related systems of the Service is necessary, or a failure of the system or any related systems has occurred;
- there has been a disruption of communication channels or electricity used by DARWIIN;
- the Service has become unavailable due to fires, blackouts, etc.; or
- there has been a restriction on data transmission due to regulations as a result of natural disasters, any other emergency or the risk thereof, or DARWIIN has considered such restrictions to be necessary.
- DARWIIN may, at its sole and exclusive discretion, change the content of the Service.
- User shall not assign or lend to a third party his/her ID or password for the Service, or permit a third party to use the Service.
- User shall be responsible for the management and use of his/her ID and password, and DARWIIN shall not be liable in any way for any loss or damage to User or a third party resulting from any use of such ID or password by a third party.
- User shall immediately notify DARWIIN in the event of a loss or theft of any ID or password loaned to User.
- DARWIIN may reject subscription to the Service, suspend the use of the Service or cancel User’s registration with the Service without prior written notice if:
- any registered matter has been found to be false;
- User has turned out to be a fabricated figure;
- User cannot be contacted at his/her registered contact address such as email address;
- User has attempted to use the Service in a manner that is likely to cause loss or damage to DARWIIN, other users of the Service, or a third party;
- DARWIIN has recognized User as DARWIIN’s competitor;
- User has delayed the payment of or refused to pay his/her usage fee;
- User has suspended payment or become insolvent, or a petition is filed for commencement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or any other similar proceedings;
- a petition is filed to User for attachment, provisional attachment, provisional disposition, compulsory execution, or public auction;
- a disposition for preservative seizure is received by User for tax delinquency; or
- any other cases where DARWIIN has made reasonable decision that User is inappropriate for continued use of the Service.
- In the event of termination, all obligations owned by User to DARWIIN shall become immediately due and payable, and User shall immediately pay to DARWIIN all such obligations.
- DARWIIN shall not be liable in any way for any loss or damage caused to User as a result of any act conducted by DARWIIN under this Article.
Upon termination of use of the Service by either party for any reason, User shall expunge all data or information obtained through the Service, although this shall only be the case in the event of request from DARWIIN. However, this does not apply in cases where preservation of the data is required under laws, regulations, or rulings, orders, decisions or instructions from governmental organizations, financial instruments exchanges and other public organizations.
- Neither DARWIIN nor its provider of data shall provide any warranty as to the credibility, accuracy, completeness, recentness, exhaustiveness, or timeliness of any industry and company information provided on the Service, nor shall DARWIIN provide any warranty with respect to any information relating to the Service obtained by User directly or indirectly from DARWIIN.
- Neither DARWIIN nor its provider of data shall be liable for any damages or compensation for loss, damage or expenses caused to or incurred by User in connection with the Service or in connection with any suspension or discontinuance of, inability to use, or change to the Service (including both regular damages and special damages).
- Even in cases where DARWIIN is held liable for whatever reason, the extent to which DARWIIN shall compensate for any loss shall not exceed the amount paid for the Service by User within the past one (1) year. In addition, DARWIIN shall not be liable for any indirect, special, secondary, future or passive damages.
- DARWIIN shall not be liable for any transactions or disputes that occur between User and other Users or between User and third parties.
User shall consent to DARWIIN using User’s name etc. to show track record for the implementation of the Service, limited for the purpose of sales and marketing.
- Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.