Terms and Conditions

Thank you for visiting https://phoenixsoftdev.com/ Website (“Website”) and reading these Terms and Conditions (“Terms”). By visiting or using the Website, you signify that you have read, understand and agree to be bound by these Terms, Privacy Policy  of the Website and any applicable law, regulation, rule and policy. PHOENIX SOFTWARE DEVELOPMENT PTE. LTD., the company incorporated in the Republic of Singapore, with its Unique Entity Number: 201722072H, with its registered address at 60 Paya Lebar Road, #05-40C, Paya Lebar Square, Singapore 409051 (the “Company”, “We”, “Us”, “Our”) may change, amend and modify these Terms without notice and in its sole discretion. Your continued use of the Website shall be considered your acceptance of the revised Terms. If you do not agree to the Terms or their revised version, you should stop visiting or using the Website. Unless you prove otherwise, any actions taken with the use of your computer or other electronic device are deemed to have been taken by you.

Conditions of Use.

You agree to use the Website in compliance with all applicable laws, statutes and regulations, including, but not limited, to the intellectual property laws and privacy laws.

You shall not use the Website in any manner that:

  • conflicts with the rights and interests of the Company or violates the rights and interests of the Company, including, but not limited to intellectual property rights, trademarks and broadcasting rights;
  • infringes the rights and freedoms of other users or visitors of the Website;
  • is abusive, derogatory, defamatory, discriminatory, embarrassing, harassing, harmful, hateful, inaccurate, indecent, malicious, menacing, obscene, offensive, out-of-date, political, pornographic, profane, racist, sexist, threatening, untrue, vulgar;
  • is criminal, fraudulent, cheating, or is in breach with any applicable law, statute, and regulation;
  • consists in impersonation of another person (including business entity and business person) and organization;
  • involves your use of any viruses, spam, malware, algorithm, logic bomb any other malicious technic, program or interface;
  • involves gaining access that otherwise would not be accessible for you;
  • involves interference in the performance of the Website or technical infrastructure of the Company;
  • may cause a leakage of the personal data of the users or visitors of the Website.

Intellectual Property Rights.

The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (the “Contents”), are owned by the Company, its licensors or other providers of such Contents and are protected by intellectual property or proprietary rights laws.

These Terms permit you to use the Website and its Contents for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Contents on our Website.

You must not:

  • Modify copies of any Contents from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of the Contents from this site.

DISCLAIMER. NO WARRANTIES.

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE AND THE SERVICES IT PROVIDES WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVICES, OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS OF THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENTS ON THE WEBSITE OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, AND DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

Indemnification.

You agree to indemnify and defend the Company including the employees of the Company, its agents, directors, officers, subcontractors, licensors and suppliers, and any affiliated entities of the Company and any successor, assigns and licenses may be from any claims (including legal), actions and demands, losses, damages, liabilities, judgments, settlements, costs or expenses (including legal and attorneys` ones) arising directly or indirectly from/or relating to: a) violation of these Terms by you or anyone using your computer or another electronic device; b) any claim, loss or damage, which shall be the consequence of your usage of the Website; c) your violation of any law, statute or regulation; and/or d) any other matter you are responsible by these Terms or under applicable law.

By using the Website, you hereby agree to cooperate with the Company when defence of any demand, claim, legal dispute as requested by the Company.

Third-Parties Websites.

The Website may contain links to the websites, that are not controlled and operated by the Company (“third-party websites”). You are solely responsible for any use of these Websites. The bears no responsibility for any use of third-party websites by you. We highly recommend you to check legal documents (Privacy Policy and Terms and Conditions) on these third-party websites before use and/or provision of any personal data to them.

Assignment.

You have no rights to assign these Terms without the prior written consent of the Company. Any assignment without our consent shall be considered as null and void.  The Company reserve the right to assign any part of these Terms or any rights and obligations under this Terms without your consent.

Privacy Policy.

The Privacy Policy covers all the issues that relate to the processing of the personal data of the users of the Website. This Document is an integral part of these Terms. To find out more, please, follow Privacy Policy.

Choice of Law.

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed and construed under the laws of the Republic of Singapore. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Republic of Singapore.

Contact Information.

If you have questions, please, do not hesitate to contact Us via e-mail info@phoenixsoftdev.com.

 

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