WorldACD Agreement, Terms and Conditions
IMPORTANT
Please, read this before you apply for a paid subscription to
any of the WorldACD Services.
You will be legally bound by the Agreement below, including its terms and conditions,
when WorldACD accepts your application for a subscription, which acceptance will be constituted by WorldACD sending you an invoice for the service applied for.
Agreement
GLOSSARY
WorldACD means WorldACD Services pte Ltd., a company incorporated under the laws of the Republic of Singapore, having its principal place of business at 1 Park Lane, Singapore 798385.
Information means all information and other content contained in or contributed
to the Service.
Subscription Date means the first day of the first twelve months’ Term
Renewal Date means the last day of each twelve months' Term.
Service means the WorldACD Full Website Service.
Subscription Fee means the annual fee payable to WorldACD for access to the Service.
1. SERVICE
Upon acceptance of the application for a subscription, WorldACD will provide the subscriber with access to the Service and will grant
the subscriber a non-exclusive, non-transferable license to access the Service and to read the Information for the duration of the Agreement.
2. LICENCE and TERM
In case a subscription form has been made out and signed by the subscriber, such form will be part of this Agreement.
The subscriber agrees to annually pay the Subscription Fee for the whole Term.
During the Term, WorldACD grants the subscriber a non-exclusive and non-transferable licence to
access the Service and to read the Information.
The subscriber shall not:
- use the Service in any other way including copying, storing, processing or redistributing it;
- use the Service for any purpose other than as set out in this Agreement;
- disclose his password giving access to the Service to any other person;
- allow any other person to use his/her password.
The Term of this Agreement is any twelve months period between (1) the Subscription Date and the first Renewal Date, or (2) between two consecutive Renewal Dates , as the case may be ( the "Term").
3. WARRANTIES
WorldACD will make reasonable efforts to ensure the accuracy and reliability of the Service.
However WorldACD makes no other representations or warranties concerning the Service including
warranties as to satisfactory quality and fitness for a particular purpose, accuracy or completeness,
or that the Service will be uninterrupted or error free.
4. LIABILITY AND INDEMNITY
WorldACD will not be liable for any direct loss, damage or expense suffered by the subscriber
or any third party arising out of the Service (including any error in the Information) or any
transaction made in connection with the Service, unless caused by WorldACD's wilful misconduct
or gross negligence.
WorldACD will not be liable for any special, indirect or consequential loss or damage (including
loss of profit), however caused.
In no event will WorldACD's aggregate liability arising out of this agreement exceed the total
subscription paid by the subscriber during the year in which the alleged damage or loss occurred.
5. SUBSCRIPTION FEE
The Subscription Fee is the net amount due to WorldACD for each Term, and it excludes taxes, duties and transfer fees.
WorldACD may increase the Subscription Fee at the Renewal Date by giving no less than 1 month's advance notice prior
to that date.
6. PAYMENT
Payment of the Subscription Fee by the subscriber must be received by WorldACD within fifteen days of the faxed invoice being received by the subscriber. Failure by subscriber to pay on time may cause the interruption of the Service, until such failure shall have been remedied. Subscription Fees are not refundable in whole
or in part if the service is cancelled or the Agreement terminated by the subscriber.
7. MODIFICATION AND WITHDRAWAL OF THE SERVICE
WorldACD may modify and/or withdraw the Service. If the Service is withdrawn, WorldACD will refund the pro rata part of the Subscription paid for the year in which withdrawal occurs.
8. DURATION AND TERMINATION
Parties enter into this Agreement for an indefinite period of time.
Either Party may terminate this Agreement by giving no less than one month's advance notice to the other party before the Renewal Date.
WorldACD may terminate access to the Service immediately without notice if the subscriber is in breach of any terms or conditions of this Agreement, including if subscriber defaults in the payment of the Subscription Fee. No refund of the Subscription Fee will be payable in such case.
Clauses 3, 4 and 10 will survive termination of this Agreement.
9. GENERAL
This Agreement, together with a subscription form, if made out, the invoice made out, the Copyright notice posted on this website and the Disclaimer notice posted on this website, represents the entire agreement of the parties relating to the Service.
Delay by WorldACD in enforcing this agreement will not constitute a waiver by WorldACD of its rights or remedies.
If any part of this agreement is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected.
10. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
WorldACD is the owner of or has the right to provide the Service including the intellectual property rights in it. Subscriber will not acquire any intellectual property rights in the Service.
11. NOTICES
WorldACD will give the subscriber general notices under this agreement via the e-mail address provided by subscriber on the subscription page. These notices will be effective when they are sent. Subscriber will give WorldACD notices by e-mail to admin@WorldACD.com or by fax to +65- 6481-6220 which will be effective when received by WorldACD.
12. GOVERNING LAW AND JURISDICTION
This agreement will be governed by and construed in accordance with English Law.
13. REGISTRATION INFORMATION
WorldACD may use the subscriber's registration information for advertisement purpose or to provide the subscriber
with information on other WorldACD services and products which the subscriber may find to be of interest.
If the subscriber prefers that his/her registration information not be used for advertisement purposes, the subscriber
should inform WorldACD accordingly.
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