Terms of Service

Please thoroughly read this Terms of Service (the “Agreement”) before using any of the services provide by ON-US website on http://eShop.on-us.net/cms (the “Site”). By using the services provided by the Site, you agree to be bound by this Agreement, including any additional documents incorporated by reference. If you do not agree to this Agreement, please terminate your account and exit the Site immediately.

1. GOVERNING LAW AND JURISDICTION
This Agreement is governed by, and construed in accordance with, the laws of the Republic of Singapore. Users of the Site and ON-US hereby submits to the exclusive jurisdiction of the Singapore courts. Before seeking legal recourse for any harm you believe you have suffered from your Membership and/or access to the Site, the Content or the Services, you will give us written notice specifying the harm and permit us 30 days after such notice to cure such harm. Any legal action, suit or proceeding arising out of or relating to this agreement or a breach thereof shall be instituted in a court of competent jurisdiction in Singapore, and you hereby consent and submit to the personal jurisdiction of such court and waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address. Any cause of action initiated by you must be initiated within one year after the claim or cause of action has arisen or it will be barred.

2. COPYRIGHT AND TRADEMARK
The entire contents and design of the Site are protected under Singapore Copyright Act (Chapter 63). You may not modify, copy, distribute, transmit, display or publish any Content contained herein without our prior written permission or, in the case of any Content owned by a third party, such third party's written permission; provided, however, that you may download and print copies of the Content solely for your own non-commercial use, and, provided, further, that where expressly permitted, you may forward the Content, including ON-US copyright notice, to third parties in accordance with the provisions set forth on the Site. Any Content so downloaded may not be altered in any way and must contain all copyright and proprietary rights notices that were contained in such Content.
ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES.

3. INFORMATION YOU SUBMIT
No information or material provided to ON-US by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By sending any information or material, you grant ON-US an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that ON-US is free to use ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law.
Definition. "Your Information" is defined as any information you provide to us when you register as a Member or at any time during your membership if you update details on your membership file. Your Information includes the descriptions of products that you displayed on our Site as well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restrictions. Your Information (including but not limited to any items listed) must not:
a. be false, inaccurate or misleading;
b. be fraudulent;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
e. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
f. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, refer to our help topic on Appropriate behaviour.
g. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
h. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
i. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or you do not have a right to link to or include.
j. contain advertising or any solicitation with respect to other third parties' products or services, unless ON-US has expressly approved such material in advance of its transmission.

4. GENERAL DISCLAIMER
ON-US SERVICES AND THE SITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (I) WILL BE UNINTERRUPTED OR ERROR-FREE; (II) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR HARMFUL COMPONENTS; (III) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
The Site may contain links to web sites operated by other parties. Such links do not imply our recommendation or endorsement of material on any other site and we disclaim all liability with regard to your access of such linked web sites.

5. FOREIGN DISCLAIMER
We make no claims that the Site is appropriate for access or use outside Singapore. Your access and/or use of the Site outside Singapore is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.

6. RIGHTS AND RESPONSIBILITIES
Notwithstanding any additional rights or responsibilities contained within this Agreement or any other documents pertaining to your relationship with us or your use of the Site, the Services or the Content, you agree that you will do all of the following: (i) review all updates to this Agreement as they are posted to the Site, as continued use of the Site constitutes acceptance of the terms of such updates; (ii) obtain required permissions before uploading, downloading, receiving or sending, copying, displaying, distributing or executing computer programs or other works protected by patent, copyrights or other intellectual property laws; and (iii) abstain from disseminating, uploading, sending, copying, displaying or distributing any unlawful information and/or materials.

7. INDEMNIFICATION
You agree to indemnify and hold us, our employees, partners, attorneys, representatives, content providers and any assigns and successors in interest, harmless against any losses, expenses, costs, awards, judgments, assessments, fines, sanctions, penalties, losses in value, charges, damages, costs, expenses and other losses (including our reasonable attorneys' fees, expert fees and other reasonable costs of investigation and litigation) relating to or arising from (i) any violation of the terms of this Agreement, including breaches of any representations and warranties made hereunder or (ii) any information or materials submitted by you or on your behalf (including any submissions which originate from your account).

8. TERMINATION
Your obligations under these terms and conditions shall continue for as long as you access or use the Site or use or maintain any of the Content or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Site and by destroying all content obtained from it and all copies thereof.
Your right to access and use the Site immediately terminates without further notice upon your breach of the Agreement. We may terminate the Agreement and/or your right to use the Site at any time, with or without cause.

9. EXCLUSION OF DAMAGES
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (I) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT OR THE SERVICES OR (II) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. MEMBER
Definition. A “Member” is a person and/or entity that is a user of the Site that performs transactions with users.

11. MEMBERSHIP ELIGIBILITY
Membership is available only to, and may only be used by, individuals or entities who can form legally binding contracts under applicable law. Without limiting the foregoing, membership is not available to persons under 18 years of age or to persons who have had their membership temporarily or indefinitely suspended by the ON-US. If you do not qualify, please do not attempt to join our membership.

12. MEMBERSHIP FEES.
ON-US levies a fee to join the Membership and remain a Member; the fee is levied annually in advance. Our Membership packages and fees can be found on our Site http://eshop.on-us.net/cms/ADMIN/index.php?category=home&action=package
We may change our Membership packages and the fees from time to time. Our changes to the policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Site. As the Membership fees are paid in advance, any changes to the membership fee does not take effect until your forthcoming anniversary date. We may in our sole discretion change some or all of our membership offerings at any time. In the event we introduce a new membership level, the fees for that membership level are effective at the launch of the new membership offering. Unless otherwise stated, all fees are quoted in Singapore Dollars. The Membership Fee you pay is non-refundable. You are responsible for paying your annual membership fee in advance. You may increase your membership level at any time during the currency of your membership by paying the additional fee quoted at that time. In the event of termination by you, you will not be entitled to any refund of any membership fees relating to the unexpired portion of your membership period.

13. ON-US IS A SERVICE PROVIDER
As a User of the Site, you are not an employee of ON-US nor can you act as, or imply that you are an employee, agent or partner of ON-US should you supply your products to a buyer. We are not involved in the actual transaction between Member and other users. As a result, we have no control over the quality, safety or legality of the products posted by the Members on Site, the truth or accuracy of the Members’ claims, the ability of the Members or the ability of buyers to pay for the service offered. We cannot ensure and do not guarantee that a Member or buyer will actually complete a transaction or act lawfully in using the Site.

14. FRAUD
Without limiting any other remedies available to ON-US at law, in equity or under this Agreement, ON-US may, in its sole discretion, immediately suspend or terminate your membership if we suspect that you (by conviction, settlement, criminal investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.

15. ARBITRATION
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

16. OTHER
We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under the Agreement without our prior written permission. Any attempt by you to assign your rights under the Agreement without our permission shall be void. The waiver by us of a breach of any provision of the Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.