FibreXchange

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Terms Of Use

PLEASE READ THIS TERMS OF USE CAREFULLY. BY ACCESSING AND USING THIS WEBSITE, YOU WILL BE CONCLUSIVELY PRESUMED TO HAVE NOTICE OF AND HAVE AGREED TO BE BOUND BY THE MOST RECENT TERMS OF USE AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE.

1 Intellectual Property

1.1 Except as otherwise expressly stated herein, the information and materials located or hosted on, or linked to, this website (“Contents”) are protected by copyright, trademark and other forms of intellectual property or proprietary rights. Such Contents include but are not limited to trademarks, trade names, service marks, product marks, logos, insignias, devices, illustrations, images, graphics, designs, text, sound recordings, downloadable files or links) are the property of CityNet Infrastructure Management Pte. Ltd. (as Trustee-Manager of NetLink Trust) and all subsidiaries of NetLink Trust(hereinafter collectively referred to as “NetLink Trust”).

1.2 You may not reproduce, transmit, publish, perform, broadcast, store, modify, adapt, alter, translate, distribute, disseminate, display, creative derivative works of, decompile, reverse-engineer, disassemble, license, sell, rent, lease hyperlink or otherwise transfer any of the Contents in whole or in part in any manner without the prior written consent of NetLink Trust.

1.3 All trademarks, trade names, service marks, product marks, logos, insignias and devices used in this website are the property of NetLink Trust and/or the respective third party proprietors identified in this website. No licence or right is granted and your access to and use of this website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use (include use as a hyperlink) any trademarks, service marks, product marks, logos, insignias and devices appearing on the website without the prior written consent of NetLink Trust or the relevant third party proprietor thereof.

2 Access and Use of this Website

2.1 You may access and view this website and may save an electronic copy or print out a copy of the Contents, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on this website and must include all applicable copyright and other notices on this website.

2.2 You acknowledge and agree that, as a condition of your access and use of this website, you will not use the Contents of this website, or this website, for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner that could damage, disable, overburden or impair any NetLink Trust server, or the networks connected to any NetLink Trust server, or interfere with any other party’s access and use of this website.

2.3 You may not attempt to gain unauthorised access to this website through hacking, password mining or any other means. You may not obtain, or attempt to obtain, any Contents through any means not intentionally made available on or through this website.

3 Links

3.1 Unless otherwise stated, you may not link (including, but not limited to, hyperlink, in-line link or deep-link) (hereinafter collectively referred to as “Link”), mirror or frame this website or any part thereof to any other web page, website, server or otherwise. Except with our prior written permission no trademark, trade name, service mark, product name, logo, insignia or device may be used as a Link or to mark any Link to this website or any part thereof or any other web page or website.

3.2 You may not Link to this website or any part thereof from any web page or website which contains materials or information which is inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, harassing, privacy invading, abusive, threatening, harmful, tortious, objectionable, unlawful or violates any applicable intellectual property or proprietary rights.

3.3 Notwithstanding anything to the contrary herein, NetLink Trust reserves all rights to terminate any Link from any website to this website for any reason. Upon our instructions, you must disable, remove and terminate any Link from any web page or website, or any mirroring or framing of this website or any part thereof immediately.

3.4 For your convenience, NetLink Trust may include Links to websites on the Internet that are owned or operated by third parties. NetLink Trust has not developed or reviewed, and is not responsible for the contents of or the consequences of accessing the Linked web page or website. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law, of those content.

3.5 In no circumstances will NetLink Trust be considered to be associated or affiliated in whatever manner with any trademarks, trade names, service marks, logos, insignia or other devices used or appearing on websites that Links, mirrors or frames this website or any part thereof. The Links provided in this website shall not be considered or construed as an endorsement or verification of such Linked websites or the contents therein by NetLink Trust.

3.6 Linked websites are not under the control of NetLink Trust and NetLink Trust cannot accept responsibility for the contents of or the consequences of accessing any websites that Links, mirrors or frames this website or any part thereof or any link contained in a Linked website or any Links provided on this website. You agree that your access to and use of such Linked websites is entirely at your own risk and subject to the terms and conditions of access and use contained therein.

4 Disclaimer

4.1 The Contents are of a general nature which have not been verified, considered or assessed by any member of NetLink Trust. Such Contents are provided for general information only and you should seek professional advice at all times and obtain independent verification of the Contents contained herein before making any decision based on any such information or materials. Your use of the Contents is at your own risk.

4.2 NetLink Trust does not guarantee, represent or warrant that this website is free of malicious software, including, but not limited to, viruses, malicious code, computer worms, Trojan horses, spyware or other harmful components (“Malicious Software”). NetLink Trust accepts no liability for any loss, damage, claim, liability, expense or costs that may result from any transmission of such Malicious Software via this website (including, but not limited to, files downloaded from this website).

4.3 The Contents are provided on an “as is” and “as available” basis without warranties of any kind. NetLink Trust make no guarantee, representation or warranty as to, and have no liability for, any Content, including, but not limited to, guarantees, representations and warranties of any kind, implied, express or statutory regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, freedom from computer virus and other Malicious Software, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law and NetLink Trust expressly disclaims liability for any errors in, or omissions from, such Contents.

4.4 Under no circumstances shall NetLink Trust be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your access and use of this website even if NetLink Trust had been advised as to the possibility.

4.5 In no event shall NetLink Trust be liable to you or any other party for any damages, losses, claim, liability, expenses or costs (including legal costs) whatsoever or howsoever (including without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your access and use of this website, or reliance on any Contents provided at this website, regardless of the form of action and even if NetLink Trust had been advised as to the possibility of such damages.

5 Indemnity

You hereby agree to indemnify and save NetLink Trust harmless against all damages, losses, claims, liability, expenses and costs (including legal costs) whatsoever or howsoever suffered or incurred by NetLink Trust in connection with or arising from (1) your access and use of this website, or (2) any other party’s access and use of this website using your username and/or login password (if any), or (3) your breach of any of these Terms of Use, or (4) any other party’s breach of any of these Terms of Use where such party was able to access and use this website by using your username and/or login password (if any).

6 Miscellaneous

6.1 The Contents herein are subject to change (including, without limitation, modification, deletion or replacement thereof) without notice.

6.2 These Terms of Use constitute the entire agreement between you and us with respect to your access and use of this website and supersede and replace all prior and contemporaneous agreements on the subject, if any.

6.3 NetLink Trust may terminate your access and use of this website at any time without notice and without assigning any reason therefor.

7 Governing Law and Jurisdiction

Nothing herein shall be construed as a representation by NetLink Trust that the Contents is appropriate or available for use in geographic areas or jurisdictions other than Singapore. By accessing and using this website, you agree that such access and use, as well as these Terms of Use shall be governed by and construed in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore courts.