TERMS OF USE

This is the website of Toplyne Labs Pte Ltd. (“we”/ “us”/ “our”/ “Toplyne”). In order to use this website, You must accept and agree, without any qualifications, to be bound by these terms and conditions (hereinafter referred to as the “Terms of Use”) including the Privacy Policy, which govern Your use of our website. Please read these terms carefully as they affect Your legal rights and obligations.

“You” or “Your” includes the existing and/or the new users of this website.

The Terms of Use do not apply to Your access to and use of the products and services which we market for subscription on our website (our Services) and the same shall be governed by the execution of the Master Subscription Agreement.

1. Change in Terms of Use

The Terms of Use, or any part thereof, may be amended by us from time to time. We reserve the right, in our sole discretion, without any obligation and without any prior notice requirement and for any reason, to change, improve, add, remove or correct the Terms of Use and to suspend and/or deny access to this website or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Changes to the Terms of Use will be effective as on the date they are posted. Your continued use/access of the website signifies Your acceptance of any revisions and explicit renewal of Your consent to such revisions.

2. Conditions of use

2.1. By accessing this website, You agree and consent to be bound by the Terms of Use, please read them carefully. If You do not agree and consent to be bound by the Terms of Use You should not access or view this website.

2.2. The information contained in this website is intended for general information purposes only. Toplyne has made all reasonable efforts to ensure that the information on this website is accurate at the time of inclusion, however there may be inadvertent inaccuracies and occasional errors for which Toplyne apologises and takes no responsibility.

2.3. Toplyne makes no representations or warranties about the information provided through this website, including any hypertext links to any website or other items used either directly or indirectly from this website. Toplyne accepts no liability for any inaccuracies or omissions in this website and any decisions based on information contained in Toplyne’s website are the sole responsibility of the user.

2.4. The information and images contained within this website are trademarks/ © Copyright of Toplyne. We permit You to make copies of this website as necessary incidental acts during Your viewing of it; and You may take a print for Your personal and non-commercial use of so much of the website as is reasonable for private purposes. You may not frame this site nor link to a page other than the home page without our express permission in writing.

2.5. You shall not use this website for any illegal purposes and in particular agree that You shall not send, use, copy, post or allow any posting which is unlawful, harmful, threatening, abusive, harassing, demeaning, vulgar, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable under applicable laws or which is abusive, indecent or in breach of the privacy of any person under any applicable laws. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by other visitors.

2.6. You hereby agree to indemnify Toplyne against any costs, claims, losses and damages (including legal fees) incurred by or awarded against Toplyne as a result of Your misuse of this website or Your breach of the Terms of Use.

2.7. If You are in breach of the Terms of Use, Toplyne may at its option, suspend or block Your access to this website and refuse to provide You with any further access to it.

2.8. Neither Toplyne nor any of its subsidiary or affiliated companies accept any liability to You (except in the case of personal injury or death caused by its negligence or for fraud or as required by law) whether in contract, tort (including negligence) or otherwise, arising out of it in connection with this website. Toplyne accepts no liability for any direct, special, indirect or consequential damages, or any other damages of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from this website. Your sole remedy is to discontinue using this website.

2.9. The Terms of Use control the relationship between us and You. They do not create any third party beneficiary rights.

2.10. Your use of this website and downloads from it, and the operation of the Terms of Use, shall be governed in accordance with English Laws.

2.11. In the event that any or any part of the Terms of Use contained in these terms & conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by applicable law.

3. Privacy Policy

3.1. Toplyne respects the privacy of visitors and users of this website, and will only collect personally identifiable data, such as Your name or email address, when it is voluntarily submitted to us at this website. The Privacy Policy shall be deemed to be a part of the Terms of Use by reference herein. Please read our Privacy Policy which is available here in full. [ThinkLaw Comment: In the highlighted portion, please add the hyperlink to the Privacy Policy of the website.]

3.2. References to “Toplyne”, “we”, “us” and “our” are references to Toplyne and its affiliates.

3.3. “Toplyne” is a trademark of Toplyne.

Please send any enquiries by email to [Insert email address].

Toplyne registered in Singapore having its registered office at: 10 Anson Road, #29-03A, International Plaza, Singapore 079903.

4. License

4.1. Subject to Your compliance with the Terms of Use, we grant You the non-exclusive, non-transferable, non-sub licensable, revocable and limited right to use the website for Your personal and non-commercial use. Your license to use the website is limited by the Terms of Use. Unless otherwise authorized, You may not use, copy, reproduce, modify, display, create derivative works of, sell, auction, distribute, transfer or disclose all or any part of the website including, without limitation, any screenshots, videos, documentation, text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, computer code or manuals relating to the website. Any rights not expressly granted herein are reserved by us.

4.2. License Restrictions- Unless otherwise authorized by the Terms of Use or by us in writing, You shall not:

(a) sublicense to, transfer, network, transmit, distribute, or permit use of the website by any third party;

(b) reverse engineer, decompile, or disassemble any aspect of the website;

(c) publish, post or upload any content on the website or with respect to the website with an intent to cause any harm to our reputation or any other brand/topics or in violation of any applicable law. In the event You upload, post or publish any content or information on the website that is in violation with the Terms of Use and the applicable law, You acknowledge that You shall be solely liable in respect of any such action;

(d) publish, post or upload any incorrect or inaccurate data/information;

(e) create or otherwise collect information about any other user, without their prior written consent;

(f) transfer Your account, username and password to a third party without our prior written consent;

(g) transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or our other intellectual or proprietary rights and/or of any third party;

(h) transmit or communicate any data 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;

(i) include programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software, website or hardware or telecommunications;

(j) intentionally or unintentionally violate any applicable local, state, national or international law, in force from time to time relating to the website; and

(k) use the website in any way for carrying out any other activity not permissible under any applicable law including any data protection laws.

4.3. This license shall automatically terminate if, in our sole determination, You have violated any of the restrictions and upon termination of the license, You must destroy any downloaded materials in Your possession in any format whatsoever including in electronic or printed format. Upon such termination, we reserve the right to retain the information provided by You during the course of Your use of the website.

5. Disclaimer of Warranties

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PROGRAMMES AND OTHER CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, PROGRAMMES OR OTHER CONTENT ON OR MADE AVAILABLE ON THE WEBSITE OR ANY WEB SITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PROGRAMMES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE/ APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, PROGRAMMES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE/APPLICATION. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

6. Limitation of Liability

WE DISCLAIM ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING ON GROUNDS OF LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITIES. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TOPLYNE OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS AND VISITORS OF THE WEBSITE OR ANY OTHER THIRD PARTIES. WE SHALL NOT BE HELD LIABLE FOR ANY MEDICAL, HEALTH OR OTHER CONSEQUENCES INCLUDING BUT NOT LIMITED TO DEATH OR INJURY THAT MAY ARISE AS A RESULT OF THE USE OF THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ARE SOLELY RESPONSIBLE FOR USE OF THE INFORMATION, MATERIAL, PROGRAMMES, SOFTWARE, FACILITIES OR ANY OTHER CONTENT AVAILABLE ON THE WEBSITE AND ANY EXPENSES OR COSTS THAT MAY ENSUE FOR ANY ACTION ON ACCOUNT OF THE USE THEREOF BY YOU SHALL BE BORNE BY YOU. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

7. Local Regulations

If You choose to access the website from any location outside Singapore You do so on Your own initiative and at Your own risk and we do not make any representation that the materials, information, programmes, courses or other content available on the website are appropriate or available at any such location, territories and protectorates. In such a case, You are responsible for complying with local laws, if and to the extent local laws are applicable to you. In the event that local regulations do not permit you to access or use this Website, please do not access or use this website.

8. Miscellaneous

8.1. This is the entire agreement between Toplyne and You.

8.2. Any failure by us to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by us of that or any other provision or our rights.

8.3. We respect others’ intellectual property rights, and expect our users and visitors to do the same. We reserve the right to terminate access to the website for users or visitors who post material that infringes the intellectual property rights of others.

8.4. You acknowledge that Your participation on the website does not make You our employee, agent, partner or constitute a relationship of joint venture, franchise or employment between us and You.

8.5. Certain contents on the website may contain opinions and views. We shall not be responsible for such opinions or any claims resulting from them. Further, we make no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

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