MACH

Terms of Service

MACH is a service by CommzGate Pte Ltd. By using CommzGate Pte Ltd’s products, software, services or web sites ("CommzGate services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement on this URL.

USE OF SERVICES
CommzGate Pte Ltd., its subsidiaries and affiliated companies, offer CommzGate services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Singapore or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of CommzGate services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify CommzGate of any unauthorized use of your password or account or any other breach of security. CommzGate cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. CommzGate reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via CommzGate services. You understand that by using CommzGate services you may be exposed to Content that is offensive, indecent or objectionable, and that you use CommzGate services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using CommzGate Services and for any consequences thereof. You agree to use CommzGate services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts CommzGate services or servers or networks connected to CommzGate services.

PROPRIETARY RIGHTS
CommzGate Pte Ltd's Rights
You acknowledge and agree that CommzGate services and any necessary software used in connection with CommzGate services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
Except as expressly authorized by CommzGate Pte Ltd or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, CommzGate services or Software, in whole or in part except as specifically authorized in a separate written agreement.

Your Rights
CommzGate Pte Ltd claims no ownership or control over any Content submitted, posted or displayed by you on or through CommzGate Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through CommzGate Services and you are responsible for protecting those rights, as appropriate. CommzGate Pte Ltd furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that CommzGate Pte Ltd has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by CommzGate services. You acknowledge that CommzGate Pte Ltd may have set no fixed upper limit on the number of transmissions you may send or receive through CommzGate Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. Upon the termination of your use of CommzGate services, including upon receipt of a certificate or other legal document confirming your death, CommzGate will close your account and you will no longer be able to retrieve content contained in that account.

PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of CommzGate services, use of CommzGate services, or access to CommzGate services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

MODIFICATIONS TO SERVICE
CommzGate Pte Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, CommzGate services (or any part thereof) with or without notice. You agree that CommzGate Pte Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of CommzGate services.

TERMINATION
You may discontinue your use of CommzGate Services at any time. You agree that CommzGate Pte Ltd may at any time and for any reason, including a period of account inactivity, terminate your access to CommzGate services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to CommzGate Services, your account or any files or other content contained in your account. Sections on Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and including choice of law, severability and statute of limitations, of the Terms, shall survive expiration or termination.

LINKS
CommzGate Services may provide, or third parties may provide, links to other World Wide Web sites or resources. CommzGate Pte Ltd may have no control over such sites and resources and you acknowledge and agree that CommzGate Pte Ltd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CommzGate Pte Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

INDEMNITY
You agree to hold harmless and indemnify CommzGate Pte Ltd, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "CommzGate Pte Ltd and Partners") from and against any third party claim arising from or in any way related to your use of CommzGate Services, violation of the Terms or any other actions connected with use of CommzGate Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, CommzGate Pte Ltd will provide you with written notice of such claim, suit or action.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF CommzGate SERVICES IS AT YOUR SOLE RISK. CommzGate SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CommzGate PTE LTD AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CommzGate PTE LTD AND PARTNERS DO NOT WARRANT THAT (i) CommzGate SERVICES WILL MEET YOUR REQUIREMENTS, (ii) CommzGate SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CommzGate SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CommzGate SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CommzGate SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CommzGate PTE LTD OR THROUGH OR FROM CommzGate SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CommzGate PTE LTD AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CommzGate PTE LTD OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CommzGate SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM CommzGate SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CommzGate SERVICES; OR (v) ANY OTHER MATTER RELATING TO CommzGate SERVICES.

EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

NOTICE
You agree that CommzGate Pte Ltd may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on CommzGate Services.

GENERAL INFORMATION
Entire Agreement.
The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and CommzGate Pte Ltd and govern your use of CommzGate Services, superceding any prior agreements between you and CommzGate Pte Ltd for the use of CommzGate Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CommzGate Services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms.
The failure of CommzGate Pte Ltd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CommzGate Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.

 


MACH by CommzGate Pte Ltd. Copyright © 2001-2014 All Rights Reserved.
Terms of Service   Contact Us   Getting Started Guide