WEBSITE TERMS AND CONDITIONS OF USE
1. Terms of Use
These terms of use (these "Terms") govern your access to and use of the website and its subdomains (the "Website), and apply to all visitors, users, and others who access or use this Website and/or its Services.
Acceptance of Terms
Please read these Terms carefully as they create a binding contract. By using this Website, you agree to be legally bound by these Terms, which shall take effect immediately on your first use of this Website. If you do not agree to be legally bound by these Terms, then you must immediately discontinue your use of the Website and the Services.
If you are a corporate representative, by logging in to the Website and using the Services, you represent and warrant that you have the authority for and on behalf of your company, and hereby do bind, your company to these Terms.
Burgess&Burgess (trading as Hauselves) reserves the right to change these Terms from time to time for any reason. Access to the Website and use of the Services are subject to these Terms, as they are amended from time to time and published on the Website. Your continued access to the Website and use of the Services shall be deemed as having read, understood and accepted the revised Terms published on the Website.
3. Access to the Website
You are solely responsible for maintaining the confidentiality of your access and use of the Website. You agree that you will not divulge or share access information with any third party.
You represent and warrant that all information provided by you is accurate, current and complete and undertake to maintain and update your information to keep it accurate, current and complete.
You acknowledge that if any information by you is untrue, inaccurate, not current or incomplete, your account may be suspended without any liability to you.
You acknowledge and accept that you are responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You shall be responsible for all actions taken or content added through your account.
4. Access to Services
You acknowledge and agree that Burgess&Burgess (trading as Hauselves)’s Services are a listing service only and Burgess&Burgess (trading as Hauselves) has no responsibility for the content or accuracy, completeness, or lawfulness of the listings. You are solely responsible for investigating the postings you choose to select.
Burgess&Burgess (trading as Hauselves) may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Burgess&Burgess (trading as Hauselves) further reserves the right to remove any content uploaded by you that is in breach of these Terms, including but not limited to offensive, defamatory or libellous statements.
You confirm that you are aware of and acknowledge that Burgess&Burgess (trading as Hauselves) shall have no liability in respect of such potential alteration, suspension, discontinuance, unavailability and/or removal.
If you use Burgess&Burgess (trading as Hauselves)’s Website on your mobile device, your mobile carrier’s normal rates and charges apply. Burgess&Burgess (trading as Hauselves) is not responsible for any charges you incur from your mobile carrier as a result of use of the Services. You are responsible for always ensuring that while using the Services you are not in violation of your wireless data service agreement. You are solely responsible for all fees and costs associated with your access to and use of the Services.
5. Use of Services
You represent, warrant and covenant that:
You will only access the Website from the front-end Website user interface;
You agree to only submit using real and accurate information about yourself and to only use the Service in compliance with these Terms and all applicable laws.
You will not post any inappropriate, discriminatory, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Website Content or the Services except as permitted by these Terms;
You will not collect, use and/or disclose the personal information of any Users obtained through the Website or the Services to send them any marketing or promotional materials unless you have obtained their consent in accordance with all applicable laws.
You accept that, by using the Service, you may be exposed to content that is inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws; and you understand that there are risks when dealing with other parties online.
6. Website Content
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website, Services or any Website Content, except: (a) as expressly permitted by these Terms; or (b) with Burgess&Burgess (trading as Hauselves)’s prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
Job postings and applications are subject to review, including for compliance with these Terms and for viruses or other harmful content, and subject to rejection and removal. However, Burgess&Burgess (trading as Hauselves) are under no obligation to review or take action against any content and has no liability for third-party content.
7. User Content
You agree that you will provide accurate, complete, and up to date information as requested from you. You agree that Burgess&Burgess (trading as Hauselves) may share the information provided by you with third parties.
You shall be solely liable for any damages resulting from any infringement or breach of any applicable laws, including without limitation, relating to defamation, libel and slander, and laws relating to copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission on this Website.
You agree that any User Content that you post or submit to Burgess&Burgess (trading as Hauselves) may be re-distributed through the Internet and other media channels, and may be viewed by the general public.
Burgess&Burgess (trading as Hauselves) reserves the right in its sole discretion to edit or remove information or materials provided by you.
8. Links to and from External Websites
The Services may contain links to websites which are not operated or controlled by Burgess&Burgess (trading as Hauselves). These links are provided to you as a matter of convenience, and Burgess&Burgess (trading as Hauselves) make no representation or warranty whatsoever in respect of any linked website and shall not be responsible for the content of any linked website. Use of any external website is subject to its terms of service and privacy policy.
You must secure written permission from Burgess&Burgess (trading as Hauselves) prior to hyper-linking to this Website or engaging in similar activities.
Under no circumstances shall Burgess&Burgess (trading as Hauselves) be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to this website.
Burgess&Burgess (trading as Hauselves) reserve all rights to disable or block any links to, or frames of any website 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.
9. Release
Burgess&Burgess (trading as Hauselves) expressly disclaim any liability or claims that may arise from the use of the Website or the Services and you hereby release Burgess&Burgess (trading as Hauselves) (and Burgess&Burgess (trading as Hauselves)’s officers, directors, agents, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
10. Disclaimer
Burgess&Burgess (trading as Hauselves) will not be liable for any loss or damage caused by your reliance on any information communicated or provided on the Website or through the Services.
ALL WEBSITE CONTENT AND USER CONTENT AND INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND"AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR COURSE OF PERFORMANCE.
Burgess&Burgess (trading as Hauselves) DOES NOT WARRANT THAT THE WEBSITE AND/OR THE WEBSITE CONTENT OR ANY FUNCTIONS ASSOCIATED THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE AND THE SERVER IS AND WILL BE FREE OF ALL VIRUSES, WORMS AND/OR OTHER HARMFUL OR INVASIVE ELEMENTS.
Burgess&Burgess (trading as Hauselves) SHALL NOT BE LIABLE FOR ANY INJURY, DAMAGE OR LOSS OF ANY KIND CAUSED AS A RESULT (DIRECT OR INDIRECT) OF THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY INJURY, DAMAGE OR LOSS SUFFERED AS A RESULT OF RELIANCE ON THE CONTENTS CONTAINED IN OR AVAILABLE FROM THE WEBSITE.
Burgess&Burgess (trading as Hauselves) DOES NOT CONTROL CONTENT FROM OTHER USERS AND/OR ANY THIRD PARTY POSTED ON THE WEBSITE AND DOES NOT GUARANTEE IN ANY MANNER THE RELIABILITY, VALIDITY, ACCURACY OR TRUTHFULNESS OF SUCH CONTENT.
Burgess&Burgess (trading as Hauselves) CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL DATA SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
11. Indemnification
To the maximum extent permitted by law, you hereby agree to indemnify, hold harmless and defend Burgess&Burgess (trading as Hauselves), Burgess&Burgess (trading as Hauselves)’s affiliates, officers, directors, agents, partners, employees, licensors, licensees and representatives from any and all claims, damages, obligations, losses, liabilities, and all costs and expenses of defence, including but not limited to, legal fees, resulting directly or indirectly from a claim that arises in connection with your use of the Services or your violation of these Terms or any applicable law.
12. Limitation of Liability
In no event will Burgess&Burgess (trading as Hauselves), Burgess&Burgess (trading as Hauselves)’s affiliates, officers, directors, agents, partners, employees, licensors and/or representatives be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute services) arising out of the use, inability to use, unauthorized access to or use or misuse of the Services, content or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise.
13. Proprietary Rights
This Website, including the Website Content, is protected by copyright, trademarks and other forms of proprietary rights. All rights, title and interest in the Website Content are owned by, licensed to or controlled by Burgess&Burgess (trading as Hauselves). No part of any works on the Website may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording, or otherwise, without written permission from Burgess&Burgess (trading as Hauselves).
Except as otherwise provided, the Website Content shall not be reproduced, republished, uploaded, posted, transmitted, adapted, modified or otherwise displayed or distributed in any way, without prior written permission.
14. Termination
Burgess&Burgess (trading as Hauselves) reserves all rights to deny or restrict access to this Website by any person, or to block access from a particular IP address to this Website, at any time, without ascribing any reasons whatsoever.
Burgess&Burgess (trading as Hauselves) may suspend your access to the Website and its Services, in Burgess&Burgess (trading as Hauselves)’s sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you during your initial login to the Website. Burgess&Burgess (trading as Hauselves) may discontinue offering the Services and the Website Content at any time.
Burgess&Burgess (trading as Hauselves) has no obligation to retain your data for any period beyond what may be required by applicable law. All representations and warranties shall survive termination.
15. Governing Law & Dispute Resolution
These Terms shall be governed by and construed according to the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by The Law Society of Singapore (the “Law Society”) under the Law Society Arbitration Scheme (“LSAS”) in accordance with the LawSoc Arbitration Rules of the Law Society for the time being in force, which rules are deemed to be incorporated by reference in this clause (“Arbitration Rules”). The seat of the arbitration shall be Singapore.
This agreement to arbitrate does not preclude the parties from applying to a court for preliminary injunction to preserve intellectual property rights.
16. General
None of the Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act or otherwise, by any person or entity who is not a party hereto.
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable, then to the extent in which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Burgess&Burgess (trading as Hauselves)’s failure to exercise or enforce any right or provision of the Terms will not be deemed to be a waiver of such right or provision.
You may not assign or otherwise transfer your rights or obligations under these Terms. Burgess&Burgess (trading as Hauselves) may assign its rights and duties under these Terms without any notice to you.
Your use of the Website and its functionalities shall not act to make Burgess&Burgess (trading as Hauselves) your agent in any form or manner.