USERS TERMS OF CONDITION OF SERVICE
Dot Media, Singapore Business Registration No. 53123032E (referred to hereafter as “DM") provides a collection of online cars, commercial vehicle & motorcycle resources at its website http://www.automart.com.sg/ or http://www.automart.sg/ (referred to hereafter as “Site"), which may include classified ads, quotation services, price listings, etc (referred to hereafter as "Service") is subject to the following Terms of Service ("Terms").
By accessing this Site and using the Service, you hereby agree to be legally bound by these User Conditions. If you do not accept these User Conditions, please discontinue use of the Service.
1.1 You hereby represent and warrant that:
(i) you have read and agree to these User Conditions;
(ii) you are at least 21 years old and have the necessary legal capacity, right, power and authority to agree to these User Conditions;
(iii) you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing this Site or using the Services and such entity agrees to be bound by these User Conditions; and
(iv) all of the information provided by you to DM (including without limitation personal particulars and contact information) is accurate and complete.
1.2 DM reserves the right to change, modify, suspend or discontinue the whole or any portion of the Service or Site at any time. DM may also impose limits on certain features or restrict your access to parts or the entire Service or Site without notice or liability.
1.3 DM may from time to time vary or amend these User Conditions by posting the amended User Conditions at this Site. Any use of the Service after the amendment of these User Conditions will be deemed to be acceptance of the amended User Conditions by you. If you do not agree to the amended User Conditions, you have the right to close your Account and/or cease using the Services.
2.1 “Account” means a registered account of a Member opened under this Site.
2.2 “Agreement” means the agreement formed by these User Conditions, and in the case of a Member, by these User Conditions and the Member Conditions.
2.3 “Computer” means your personal computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
2.4 “Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
2.5 “Link Sites” is defined in Clause 8.1.
2.6 “Member” means a registered member of the Site.
2.7 “Member Conditions” means the terms and conditions applicable to Members accessible here.
2.8 “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
2.9 “Service” is defined in Clause 3.2.
2.10 “Site” means website - http://www.automart.com.sg/ and http://www.automart.sg/.
2.11 "DM Content" means all Content of DM that is made available on or via this Site.
2.12 “Third Party Products” means products and services of third parties advertised on or available at the Site or websites linked from the Site.
2.13 “User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
3. Site and Service
3.1 The Site is owned and maintained by DM.
3.2 DM may offer the following services on or through the Site (each a “Service” and collectively the “Services”):
(i) access to a collection of information, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and other types of works;
(ii) search engines or tools;
(iii) a platform to create, upload and publicly make available personalised content;
(iv) an advertising and branding platform;
(v) message boards, forums, blogs, communication tools;
(vi) email alerts; and
(vii) any other features, content or applications that DM may offer at the Site from time to time in its sole discretion.
3.3 You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the User Conditions.
4. User’s Obligations
You understand that all information, data, text, messages, files, images, photographs, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You agree not to cause, nor knowingly allow others to cause any nuisance, annoyance, or inconvenience, whether to DM or any of its customers or users of the site by any means. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable and that you are using DM at your own risk.
You understand that DM does not fully control, and is not responsible for Content made available through the Service. Any Content that DM gathers are from advertisers or based on algorithms that's believed to be reliable, but no assurance can be given that this Content is accurate, complete or current. DM does not assume responsibility of errors or omissions or warrant the accuracy of this Content.
You acknowledge that DM does not 100% pre-screen or approve all its Content, but that DM shall have the right (but not the obligation) in its sole discretion to monitor, refuse, delete or move any Content, in whole or in part, that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
As a condition of you use of the Site, You agree not to upload, post, email, or otherwise publish through this Site any Content:
4.1 that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
4.2 that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
4.3 that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4.4 that impersonates any person or entity, including, but not limited to, a DM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
4.5 that includes personal or identifying information about another person without that person's explicit consent;
4.6 that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
4.7 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
4.8 that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
4.9 that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the DM sites which are not designated for such purposes; or (2) emailed to DM users who have requested not to be contacted about other services, products or commercial interests.
4.10 that includes links to commercial services or web sites, except as allowed in "services";
4.11 that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Singapore law;
4.12 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.13 that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
4.14 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harrass anyone;
collect Personal Information about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by DM;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
attempt to gain unauthorized access to DM computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the DM.
5.1 Your privacy is very important to us at DM.
6. Use of DM Content
6.1 All DM Content are the copyrighted work of DM or its content or software providers, and DM reserves and retains all rights in the DM Content. Use of some DM Content may be governed by the terms of an accompanying end user license agreement. You will not be able to download or install any DM Content that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the DM Content.
6.2 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any DM Content available on the Site or through a Service except under the specific circumstances expressly permitted by law.
7.1 Disclaimers & Limitations
7.1 While we make every effort to ensure that all DM Content displayed on the Site is accurate and complete, we provide the DM Content for informative purposes only and on an ‘as is’, ‘as available’ basis only and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, DM disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, DM does not warrant that the functions contained in or access to the Site, Services, DM Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, DM Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any DM Content in or with any Computer will not affect the functionality or performance of the Computer. DM does not warrant or make any representations regarding the use or the results of the use of the DM Content, the Service, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not DM) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold DM liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of DM.
7.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before making any decision.
7.3 You acknowledge that it is not DM’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that DM does not endorse and shall not be responsible for any such content.
7.4 You acknowledge and agree that DM does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and DM hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products.
7.5 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and DM shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.6 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these User Conditions, contain viruses or cause you damage. While we will remove any such User Content brought to our notice, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.7 You agree that:
(i) DM shall be entitled at any time, at its sole discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
(ii) access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, DM shall not be liable for any loss, liability or damage which may be incurred as a result.
7.8 In no event shall DM be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the DM Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that DM is liable for damages despite the foregoing provision, you agree that DM’s aggregate liability to you for any and all causes of action in relation to the DM Content, Services, Site, and the Agreement, shall not exceed SGD$100 or 50% of the total amount of fees and charges paid by you for the Service to DM for the two (2) month period immediately preceding the time such liability arose, whichever is lower.
7.9 Under no circumstances, including, but not limited to, negligence, shall DM be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the DM Content, Services, Site, or any other website, even if DM or a DM authorized representative has been advised of the possibility of such damages.
7.10 You agree that the above exclusions and limitations of liability enable the Services and the DM Content to be provided by DM at either reasonable costs or no costs to you.
8.1 DM may provide links to other sites that may be of relevance and interest to users ("Link Sites"). DM has no control over, and is not responsible for the content on the Link Sites or for any damage you may incur from the Link Sites (including any virus, worms errors or harmful components contained in the Link Sites) or the availability of any content on the Link Sites, and you hereby irrevocably waive any claim against us with respect to the Link Sites. Some of these Link Sites may provide you with opportunities to purchase Third Party Products. We do not endorse any of the Third Party Products nor do we make any representations or warranties in connection with any Third Party Products.
9. Intellectual Property
9.1 The copyright, patents and all intellectual property rights in the Services, the Site, and all DM Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with DM.
9.2 If you have any questions or concerns about these User Conditions or any issues raised in these User Conditions or on the Site, please contact us. Our contact details are available on the Contact Us page.
10.1 You agree that DM has the right in its sole discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.
11. Notification of Infringement
11.1 DM will investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of DM Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify DM in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
11.2 DM will in response to all Infringement Notices submitted in the above manner remove the Infringing Material from the Site. In return, you agree that you shall not take any legal action against DM in respect of any Infringing Material, unless you have first given DM the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter DM refuses or fails to remove the Infringing Material within a reasonable time. Where DM removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against DM under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by DM.
11.3 You acknowledge and agree that DM has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Link Sites or other third party sites.
12. Jurisdictional Issues
12.1 This Site is owned and operated by DM. DM makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13.1 You agree to indemnify and hold DM partners and employees harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
(i) your use of the Site or any Services;
(ii) your connection to the Site;
(iii) your breach of any terms and conditions of these User Conditions; or
(iv) your violation of any rights of another person or entity.
14.1 If any provision of these User Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these User Conditions shall continue in force save that such provision shall be deemed to be deleted.
15. Relationship of Parties
15.1 Nothing in these User Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between DM and you and neither party shall have any authority to bind the other in any way.
16.1 A failure by DM to exercise or enforce any rights conferred upon it by these User Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
17. Rights of Third Parties
17.1 Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
18. Force Majeure
18.1 No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
18.2 For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
19. Governing Law & Jurisdiction
19.1 These User Conditions and all matters relating to your access to, or use of, this Site and the Service shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.
19.2 You hereby submit to the jurisdiction of the Singapore courts.
MEMBER TERMS AND CONDITION
By registering as Member in this Site and using the Service, you hereby agree to be legally bound by the following terms and conditions (“Member Conditions”) as well as the User Terms And Conditions (“User Conditions”) which are hereby incorporated by reference into these Member Conditions:
1.1 All capitalised terms are defined in the User Conditions, unless specifically defined herein.
2. User Name, Password, Account Information
2.1 You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are entering into these Member Conditions). You hereby agree not to:
(i) share with or permit others to use your Account; or
(ii) assign or otherwise transfer your Account to any other person or entity.
2.2 You shall provide DM with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of these Member Conditions, which may result in immediate termination of your Account.
2.3 As part of the registration process for the Account, you will select a password ("Password") and user name ("User Name"). You may not:
(i) select or use a User Name of another person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other person without authorisation; or
(iii) use a User Name that DM, in its sole discretion, deems inappropriate or offensive.
2.4 You shall promptly notify DM of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.
2.5 You shall be bound by and responsible for, and DM shall be entitled to rely on, all communications transmitted through the use of your User Name and Password, and all such communications shall be deemed to be communications made and issued by you.
2.6 You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User Name and Password.
2.7 DM shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User Name and Password.
2.8 By providing the information requested for your Account, you hereby consent to the use and disclosure of all such information for the purpose of:
(i) responding to your requests and queries;
(ii) providing the Service to you;
(iii) enforcing these Member Conditions;
(iv) complying with law, the requests of law enforcement and regulatory officials, or orders of court.
2.9 You undertake to keep your Account information updated at all times such that it is accurate, current and complete. To change or update your Account information, please login to the Site and access My Profile.
2.10 You agree that DM reserves the right to change or re-assign User Names and/or Password(s) at its sole discretion by giving you notice, without liability.
3. Suspension and Termination of Account
3.1 You agree that DM has the right in its sole discretion and without notice to:
(i) restrict, suspend, or terminate your access to all or any part of the Service; and/or
(ii) terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason. Without prejudice to the generality of the above, DM reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any of our User Conditions or these Member Conditions or if DM believes that you have been using the Account for unlawful activity.
3.2 You agree not to hold DM liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
4. Member Obligations
4.1 You represent and warrant that you have read and agree to be bound by our User Conditions and these Member Conditions.
4.2 You agree that when using the Service:
(i) you will only submit, upload or publish User Content in strict compliance with Clause 5 below;
(ii) you will not offer for sale items which are illegal, banned, unlicensed, or controlled items;
(iii) you will not submit, upload or publish any advertisement or other User Content which is inaccurate, misleading, fraudulent, or illegal;
(iv) you will not offer for sale items, or submit, upload or publish User Content, in an incorrect or inappropriate category or area on the Site, including without limitation posting unauthorised advertisements in any forum, discussion or message boards that is open and accessible to users of the Service; and
(v) you will not alter, delete, manipulate, undermine or interfere with the listings of any other Member, including the description, price and images displayed.
4.3 You agree to indemnify and hold DM, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
(i) any advertisements or User Content placed by you;
(ii) your use of any Services;
(iii) your breach of warranty, or breach of any terms and conditions of these Member Conditions; or
(iv) your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.
5. User Content & Licence
5.1 Please exercise respect when participating in the any community feature on the Service which permits you to upload or submit Content.
5.2 You may not submit, upload or publish through DM any User Content that are libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blaDMemous, offensive, false, misleading, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213)) or the proprietary or other rights of any third party (individually and collectively “Improper Works”). Furthermore, you may not submit or publish User Content that solicit funds, or include programs that contain viruses, trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Site, Service, Servers, or any computer.
5.3 If, at any time you upload or post User Content to the Site you automatically:
(i) grant DM, its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to reproduce, modify, distribute, publicly display, transmit, webcast, or broadcast) the User Content for or in connection with the provision of the Service (including for marketing and promotional purposes);
(ii) represent and warrant that:
(a) all User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
(b) none of the User Content are Improper Works, nor will they expose DM to any civil or criminal proceedings in any part of the world; and
(c) the use by DM and other users for the purposes and in the manner set out in this Clause 5.3, and the hosting of the User Content on the Servers by DM will not require any further licences from, or infringe any intellectual property or other rights of, any third party.
5.4 DM at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, DM may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which DM believes are Improper Works, or which is the subject of any dispute.
5.5 DM may in its sole discretion lift the restriction or suspension of your access to the Site, Service or Account, if DM is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute. If full payment was received by DM for the display of such removed User Content, DM will restore such paid User Content on to the Site until the remaining term for its display expires. For the avoidance of doubt, DM shall not be obliged to extend the term for the display of paid User Content, for the time period that such User Content was removed from the Site. In the event that DM fails to restore the paid User Content for whatsoever reason, you agree that DM shall only be liable to refund the amounts paid for the display and publication of such User Content, on a pro-rated basis for the remaining and unexpired term for its display.
5.6 You agree to indemnify and hold DM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of User Content you submit, post to or transmit through the Site or Service.
5.7 The copyright and intellectual property rights in all pre-existing User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Member Conditions (including under Clause 5.3), and subject to DM’s rights in the compilation of all User Content.
5.8 The copyright and intellectual property rights in any and all new content created by you using the Service shall be owned by DM, and you hereby assign all such content to DM.
6. Use of Services
You acknowledge and agree that:
(i) Some Services are subject to further terms and conditions or the execution of a separate contract between DM and yourself.
(ii) DM shall be entitled at any time, at its sole discretion and without prior notice, to:
(a) add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or (b) add new Services. (iii) Where new Services are added, these Member Conditions and the User Conditions will also apply to such new Services.
7.1 You hereby agree that:
(i) All records of DM relating to the Services, your use or access of the Services or the Site, your Account, your particulars, any Content, or this Agreement (collectively “Records”), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Record on the grounds that it is not a written document, is in electronic form, or was produced by or is the output of a computer system, and you hereby waive any such right you may have at law; and
(ii) the Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form.
8.1 Registration at the Site is free.
8.2 DM may offer the use of any Service, subject to payment of a fee or other charges to DM. If you wish to use such Service, you shall make full and prompt payment to DM of the applicable fees in accordance with the payment terms specified by DM at the point of transaction. Unless otherwise stated, all fees are quoted in Singapore dollars.
8.3 You acknowledge and agree that DM in its sole discretion, may now or in the future impose a fee or vary any fee for any Service by notifying you.
8.4 If you do not agree to make payment of such fee or varied fee after being notified, you may close your Account and discontinue your access of the Service
8.5 In the event that DM terminates or withdraws the operation of any Service, DM shall refund any fees paid by you to DM, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant transaction.
8.6 If your Account is terminated at any time by DM for breach of the Agreement, or if you cancel any payable Service, you shall not be entitled to any refund of the any fees that have been paid to DM.
9. DM’s Legal Obligations
9.1 You acknowledge that DM may be required under applicable law or upon the receipt of legitimate instructions from government authorities, to carry out acts in breach of the terms of this Agreement, and you hereby agree not to hold DM liable or responsible for any such breach of the Agreement.