: Terms & Conditions
Acceptance of Terms
Xing Wang Cars Trading Pte Ltd (the “Operator”, “we”, “our” or “us”), a Singapore registered company owns, manages and operates the Carmatch.sg (this “Site”) provides a collection of online resources website, which may include without limitation, classified ads, quotation services, price listings, forums and various email services (referred to hereafter as "the Service") subject to the following Terms and Conditions ("Terms").
Your use of this site is expressly conditioned on your acceptance of the Terms and Conditions. By using this site, you signify that you unconditionally agree and accept to be legally bound by the Terms and Conditions. If you do not agree with any part of the Terms and Conditions, you must not use this Site.
Variation of the Agreement
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement including the Terms, in whole or in part, at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Agreement whenever you access this Site, to be aware of such modifications and your continued access to or use of the Service shall be deemed your conclusive acceptance of the modified Terms.
The Sale
The Operator grant you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to use this site in accordance with the Terms of this Agreement. You agree that you:
- shall only use this site to make legitimate use of the Service and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent transactions.
- shall not employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through this site.
- shall not, except as permitted under applicable law, copy, reproduce, republish, upload, post, transmit, distribute or otherwise communicate or caused to be displayed to the public any of the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, without the prior written permission of the Operator, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only.
- shall not use any "robot," "spider", "crawler" or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site, in any case without the prior written permission of the Operator.
- shall not, except as permitted under applicable law, alter, modify, translate, decompile, adapt, disassemble, reverse engineer or create derivative works from any content or component from this Site.
- shall not transmit or otherwise transfer any web pages, data or content found on this Site to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise. The use of such materials on any other web site or in any environment of networked computers is prohibited.
- shall not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site.
- shall not take any action that imposes a burden or load on our infrastructure that the Operator deems in its sole discretion to be unreasonable or disproportionate to the benefits the Operator obtains from your use of the Site.
- shall not make any unauthorized use of this Site and/or the materials contained on this Site to violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.
- shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or applicable regulation or code of conduct.
- shall not post or transmit any information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (iii) contains a virus, bug, worm , time bomb, trojan horse, trap door or other harmful item, (iv) is used to unlawfully collude against another person in restraint of trade or competition, (v) that includes personal or identifying information about another person without that person's express consent, (vi) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement, or (vii) creates any liability on the Operator or causes the Operator to lose (in whole or in part) the Services of our internet service providers or other suppliers.
- shall not that impersonate any person or entity, including, but not limited to, our 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.
- advertise any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Singapore law;
You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other loss or harm resulting from your use of this site.
In consideration of your use of the Service, you represent that you are of legal age to form a binding agreement and are not a person barred from receiving services under the laws of the Singapore or other applicable jurisdiction. If you do not meet the above legal age, or are otherwise incapable in your capacity to form a binding agreement with us, you must not use this Site.
In order to access certain Service, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued used of the Service offered by the Operator and its subsidiaries or affiliated companies.
You are responsible for maintaining the confidentiality of your 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 shall not in any circumstances be liable for any loss or damage arising from such breach of security. You further warrant that your account and User ID may not be transferred or sold to another party.
We reserve the right to refuse the Service to any particular person, or to block access from a particular Internet address to the Site, at anytime without ascribing any reasons whatsoever.
The trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") may be registered and common law Trademarks of the Operator, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the content on the site or Trademarks without the prior written permission of the Operator, or such other party that may own the content on the site or Trademarks.
Content and Related User Conduct
You understand that all information, data, text, messages, files, images, photographs, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You agree not to cause, nor knowingly allow others to cause any nuisance, annoyance, or inconvenience, whether to the Site or any of its customers or users of the Site by any means. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable and that you are using the Site at your own risk.
You understand that we do not fully control, and is not responsible for Content made available through the Service. Any Content that we gather are from third parties, users of the Site or based on algorithms that's believed to be reliable, but no assurance can be given that this Content is accurate, complete or current. We do not assume responsibility of errors or omissions or warrant the accuracy of this Content.
You acknowledge that we do not 100% pre-screen or approve all its Content, but that we shall have the right (but not the obligation) in its sole discretion to monitor, refuse, delete or move any Content, in whole or in part, that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
Additionally, you agree not to:
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contact anyonewho has asked not to be contacted; |
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"stalk" or otherwise harrass 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 Service - 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 our infrastructure; |
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post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or |
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attempt to gain unauthorized access to the Site, computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site. |
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 us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information and materials, and you further agree that we are free to use any ideas, information, materials, concepts or know-how that you or individuals acting on your behalf
Hyperlinks to Third Party Sites
Any Content available through the Service may contain links to other websites, which are completely independent of the Operator. Such links are provided for your convenience only and the Operator makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
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 as a result of the use of any Content posted, emailed, goods or Services available on or through any such site.
Hyperlinks from Third Party Sites
You agree that caching, hyperlinking to, and framing of the Site or any of the Content are strictly prohibited.
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.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our administrator for notice of claims of copyright or other intellectual property infringement.
Please provide our Administrator with the following Notice:
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Identify the copyrighted work or other intellectual property that you claim has been infringed; |
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Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; |
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A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; |
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A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; |
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Your address, telephone number, and email address; and |
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Your physical or electronic signature. |
Disclaimer
To the fullest extent permitted by law and subject to the statutory warranties below, the Operator makes no warranty or representation of any kind regarding this Site, products or Services on this Site and/or any materials provided on this Site, all of which are provided on an “as is” basis only. The Operator do not warrant the accuracy, completeness, currency or reliability of any of the Content or materials found on this Site and, subject to the statutory warranties below, we expressly disclaim all warranties, terms and conditions, including all implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for a general or particular purpose and non-infringement of proprietary rights, and those arising by statute or otherwise in law or from a course of dealing or usage of trade to the fullest extent permitted by the law of Singapore. The Operator do not warrant that this Site, its servers or any e-mail sent from the Operator are free of viruses or other harmful components. This disclaimer shall not in any way exclude or limit liability for personal injury or death arising from negligence, wilful misconduct or fraud.
Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to any such statutory provisions.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW BUT SUBJECT ALWAYS TO CLAUSE 8,
- THE OPERATOR ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE;
- IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE OPERATOR EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, the Operator should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, to the full extent permitted by law the combined aggregate liability of the Operator shall in no event exceed the value of the goods and services purchased by you which are the subject of the dispute or S$1,000.00, whichever is lower. Further, the Operator's liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage. In its sole discretion, in addition to any other rights or remedies available to the Operator without any liability whatsoever, the Operator may, at any time and without notice, terminate or restrict your access to and/or of any component of this Site.
INDEMNIFICATION
Subject to the applicability of Clause 9, if the Operator takes any action to enforce any of the Terms of this Agreement, you shall indemnify and hold harmless the Operator, its affiliates, and their respective officers, directors, employees and agents from and against any and all claim, loss, cause of action or demand, including without limitation all costs and expense, including reasonable legal and accounting fees, arising out of and in relation to your use of the site, including any and all breach by you of the Terms contained herein, the Privacy Policy and Security Policy.
GOVERNING LAW & JURISDICTION
The Terms, its performance and all disputes arising out of or in connection with the Terms shall be governed by the laws of Singapore. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore in all questions and controversies arising out of or in connection with the Terms, its performance and your use of this site.
INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of the Terms will cause such damage to the Operator as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Operator shall be entitled as a matter of right to an injunction (including a temporary injunction) issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Operator in obtaining such an injunction, including, without limitation, all legal fees and expenses.
ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
HEADINGS
The headings used in the Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
ENTIRE AGREEMENT
The Terms, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site
COMMUNICATION WITH USERS
The Operator reserves the right to communicate with you regarding this site and your use of this site or any product or service purchased by you on this site
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