LEGAL TERMS OF USE OF THE WEBSITE OF NEWWAY SYSTEMS PTE LTD
By browsing, accessing and/or using any part of this Website and/or using any of the services provided via this Website, you shall be deemed to have read, understood and accepted these Terms as modified from time to time by us and thereby be legally bound by these Terms and modifications.
1) ACCESS AND USE OF WEBSITE
a. Newway Systems Pte Ltd reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
b. You may download, display or print the Contents solely for personal, non-commercial use, retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use including the reproduction, modification, distribution, transmission or broadcast of the Contents, in whole or in part and by any means, is strictly prohibited, except upon the prior written consent of Newway Systems Pte Ltd.
c. Newway Systems Pte Ltd neither warrants nor represents that your use of any of the Contents in this Website will not infringe the rights of third parties.
d. All copyright, trade marks, trade names, design rights, patents and other intellectual property rights (registered and unregistered) on this Website and in the Contents belong to Newway Systems Pte Ltd and where applicable its affiliates and partners. Newway Systems Pte Ltd reserves all of its rights in this Website and the Contents. Nothing in these Terms grants you by implication, estoppel or otherwise any right or license to use any trade mark, design right or copyright owned or controlled by Newway Systems Pte Ltd or any other third party without our written permission or such third party.
2) SUBMISSION OF CONTENTS BY USER
a. You may submit your feedback, including, but not limited to, any text, photographs, images, video or sounds regarding our merchandise and services, including this website.
b. Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non- proprietary basis. Newway Systems Pte Ltd reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, disclosing such information to its affiliates or partners in connection with the development, marketing, manufacturing of products and services. You agree that you shall have no recourse against Newway Systems Pte Ltd for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Newway Systems Pte Ltd.
c. You agree to indemnify Newway Systems Pte Ltd, its officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these terms and conditions.
3) PRIVACY POLICY
a. By submitting your Personal Data, you expressly consent to our use of your Personal Data in Singapore. Newway Systems Pte Ltd keeps your Personal Data only for as long as is reasonably needed for such purposes and in accordance with the applicable laws on ethical reporting or document retention requirements.
b. Newway Systems Pte Ltd shall never sell, rent, share or otherwise distribute or make available your Personal Data to third parties outside the company or affiliates, except when required to do so for legal or regulatory purposes. However, your Personal Data may occasionally be transferred to third parties who act for and on behalf of Newway Systems Pte Ltd, for further processing in accordance with the purposes for which your Personal Data was originally collected. When disclosure of your Personal Data to third parties is likely or necessary for whatever reason, Newway Systems Pte Ltd shall ensure that such third parties provide the same level of protection as Newway Systems Pte Ltd, and that they are required to process your Personal Data transferred only for the purposes authorized by you and on a confidential and secure basis.
c. This Website may provide hyperlinks to other websites or mobile applications that are not operated or controlled by Newway Systems Pte Ltd. Therefore Newway Systems Pte Ltd cannot be responsible or liable for the content of such websites or mobile applications or the privacy policies of such other parties. You are encouraged to review and understand their privacy practices before providing them with personal information.
4) CONFIDENTIALITY
a. No data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, Newway Systems Pte Ltd cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
b. Any Personal Data and information that you may send to this Website is protected and treated according to our Privacy Policy. Please read clause 3 carefully before providing us with any such Personal Data and information.
c. By submitting the information as set out above, you are warranting that you own the material/content submitted, that it is not defamatory and that Newway Systems Pte Ltd use will not violate any third party’s rights. Newway Systems Pte Ltd is under no obligation to use the information provided.
5) LIMITATION OF LIABILITY AND WARRANTIES
a. To the full extent permissible by applicable law, Newway Systems Pte Ltd disclaims all warranties, express and implied and makes no representation or warranties of any kind, express or implied as to the information, content, materials, products or other services included on or otherwise made available to you through this Website.
b. Neither Newway Systems Pte Ltd nor its affiliated or related entities or its vendors or content providers are responsible or liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character based on or resulting from any Newway Systems Pte Ltd information or opinions provided on the Newway Systems Pte Ltd website or from the use of, or the inability to use, Newway Systems Pte Ltd material on the website. You specifically agree that Newway Systems Pte Ltd is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Newway Systems Pte Ltd website or any material on the website, or with any of the Newway Systems Pte Ltd Terms of Use, your sole and exclusive remedy is to discontinue using the Newway Systems Pte Ltd website.
6) TERMINATION
a. Newway Systems Pte Ltd reserves the right to restrict access to this website to any person, and may at any time in its sole discretion without notice and without cause suspend or terminate access to this website by any person, including persons who previously have access including, without limitation, where Newway Systems Pte Ltd determines, in its sole discretion, that you have breached or may breach any provision of these Terms of Use.
b. Newway Systems Pte Ltd will not be liable in any way to you or any third party for any termination of your access to Newway Systems Pte Ltd website and/or services.
7) FORCE MAJEURE
a. Newway Systems Pte Ltd shall not be liable for any delays, omissions or failures in the performance of its obligations if such causes are the result of force majeure, which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the government of Singapore or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or any other causes beyond our control.
8) ENTIRE AGREEMENT
a. This Agreement constitutes the entire agreement between parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, negotiations, discussions, proposals and communications, written or oral between Newway Systems Pte Ltd and you. Newway Systems Pte Ltd reserves the right to amend or modify this Agreement or impose new conditions or delete conditions at any time without notice to you, effective immediately upon being published on this website. Any use or access of this website by you after such changes shall be deemed to constitute acceptance by you of such amendments, modifications, deletion or new conditions.
9) DISCLAIMER
a. The content, including any promotion, product or service, contained on this website is for information only, and may not be constituted as an offer to sell (or the solicitation of an offer to purchase) any product or service at the price stated on this website, nor does it constitute advice on the suitability of any product or service.
b. While the information contained on this website has been compiled in good faith, no representation or warranty, express or implied, is made as to its accuracy, adequacy or completeness. Newway Systems Pte Ltd makes no commitment, and disclaims any duty, to update or correct or to provide notice as to any error or omission in any report or other information contained on this website. Newway Systems Pte Ltd reserves the right to add, modify or delete information on this website at any time. The website may contain links to sites maintained by other organisations, and Newway Systems Pte Ltd does not take any responsibility for the content or functionality of those sites.
c. The material on this website is provided ‘as is’ and without warranties of any kind either express or implied, to the fullest extent permissible and subject and pursuant to applicable law. Newway Systems Pte Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Newway Systems Pte Ltd does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected or that this website or this server that makes it available is free of any virus or other harmful elements.
d. The service scope for different types of air conditioners may not be entirely similar as certain works are applicable for specific designs only. We regret to inform that this website may not reflect the latest information. Newway Systems Pte Ltd reserves all rights to make any amendments at any point without prior notice. Please contact our administration office for further information.
10) INDEMNITY
a. You agree to indemnify, defend and hold harmless Newway Systems Pte Ltd, its affiliates, officers, directors, employees, distributors, vendors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from
(a) any information you submit, post, or transmit on or through this website;
(b) your use of this website;
(c) your violation of these Terms of Use; or
(d) your violation of any rights of any other person or entity, including, but not limited to, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Newway Systems Pte Ltd reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate with Newway Systems Pte Ltd in asserting any available defences.
11) APPLICABLE LAW
a. Your use of this Website and these Terms shall be governed by, and interpreted in accordance with the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore to settle any dispute arising out of or in connection with these Terms and your use of this Website (including a dispute regarding the existence, validity or termination of these Terms).
12) DEFINED TERMS
a. In these Terms of Use, the following words and expressions shall have the following
meanings:
i. “Affiliate” means any related or associate company of Newway Systems Pte Ltd, including their successors, assigns, employees and agents.
ii. “Agreement” means these terms and conditions together with your purchase order.
iii. “Contents” means all information, text, sound, music, software, photographs, videos, graphics, data, messages or other material.
iv. “Goods” means any product listed on the Website.
v. “Personal Data” means data about a person who can be identified from that data and/or other information to which Newway Systems Pte Ltd has or is likely to have access.