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www.singaporemirror.com.sg & www.singaporemirror.com
1. ACCEPTANCE AND APPLICATION
1.1 In this Agreement, the following words shall mean;-
“Advertisement” - text and/or an [x] by [y] banner in JPG or GIF and/or graphics or any other form of representation and may include animation, links or any other features to be specified by the Customer
“Agreement” - the agreement arising from the signing of this application for advertisement on two websites - www.singaporemirror.com.sg and www.singaporemirror.com
“Customer” - shall include persons or corporations contracting for advertising services.
“MMPL” - Mirror Media Pte Ltd.
1.2 By making this application for the displaying of Advertisement to Mirror Media Pte Ltd., the Customer agrees to accept and be bound by these terms and conditions (including the specific terms on the Advertisement Order Form) and to comply fully with the Singapore Code of Advertising Practices (2008) or any other Regulations in force
1.3. Any term and condition agreed, whether orally or in writing shall be void to the extent it is inconsistent with these terms and conditions.
2. NON-DISPLAY ETC.
2.1 MMPL reserves the right not to display any Advertisement notwithstanding that the application has been accepted, without giving any reason.
2.2 In the event that the Advertisement is not to be displayed, both parties shall be discharged from any obligation or liability under the Agreement and neither shall have any claim against the other.
2.3 MMPL shall be entitled to vary, suspend or terminate this Agreement without assigning any reason(s)
3. AUTHORITY AND INDEMNITY
3.1 The Customer warrants that he or she is authorised to advertise in the business product or service described in the Advertisement. The Customer also warrants not to submit information and /or other materials which are or may be offensive, illegal or which may not be lawfully disseminated under laws of Singapore or any other relevant country. The Customer further warrants that he alone is responsible for the content of his advertisements, and the consequences of any such advertisements. MMPL does not and cannot review every word, details, logos,photos etc., posted in the advertisemnets. Accordingly, MMPL is not in any way responsible for the content/correctness of the advertisement posted and the actual transaction if any between potential buyers and Customers. Advertisers further agree not to post any copyrighted material unless the copyright is owned by them. You agree to indemnify MMPL,and hold them, its subsidiaries, affiliates, officers, employees and agents, harmless from any claim or demand, including legal fees on an indemnity basis, made by any third party due to or arising out of your use of this Website for advertisemnets; content you submit, post to or transmit to MMPL; or your violation of these Terms and Conditions or of the rights of any third party.
3.2 The Customer shall indemnify MMPL and keep MMPL indemnified at all times against claims, costs, proceedings, demands, losses, damages, expenses or liabilities whatsoever arising out of or in connection with any matter displayed for the Customer including but not limited to any libelous or illegal matter, breach or non-compliance of statutory requirements in respect of subject and content matter, infringement of copyright, patent, design or other intellectual property rights.
3.3 No Offensive Posts - You will not post any messages that are indecent hateful, threatening, or otherwise violative of any local or international laws. This includes links if any in your advertisemnts as well as posted images and photo
4. PROOFS AND CHANGES
Where proof is furnished to the Customer, the Customer shall return the same (with amendments or changes) within the time stipulated on the proof, failing which the proof shall be deemed correct in all particulars for displaying. The Customer agrees to pay for the advertising charges as agreed by him as per overleaf, even if the Customer does not return the said proof within the time stipulated on the proof.
5. INTELLECTUAL PROPERTY AND STATUTES
5.1 The Customer represents that the Customer is the owner or is licensed to use entire contents and subject matter contained in its advertising and collateral information and hereby gives full consent to MMPL to use, apply and publish the said Advertisement, brand name, domain name, listing, logo, photograph, intellectual property rights and other materials on their behalf.
5.2 The Customer warrants that the use of the Advertisement, brand name, domain name, listing, photograph and other materials used in the Advertisement does not violate intellectual property rights of any party or violate any statute, regulation or directive including but not limited to the Internet Code of Practice issued by the Media Development Authority.
5.3 The Use and Registration of any domain name does not confer any legal rights to the name and in the event of a dispute over the right to use a particular name, MMPL may terminate the contract with the Customer.
5.4 In the event MMPL is given written notice of an infringement of copyright or any other intellectual property right from any third party, the Advertisement referred to therein shall be withdrawn at MMPL's discretion. Notwithstanding the withdrawal of the Advertisement, the Customer shall be liable for the full charges.
5.5 Intellectual property in the finished assembled work including any design, graphics or text contained in the Website or any web page therein is owned by MMPL.
6. ERRORS & OMISSIONS
6.1 In cases of an error or omission on the Advertisement and upon notification in writing of the same from the Customer to MMPL, MMPL may, but is not obliged to, insert the correct information or make refund or pro-rated adjustment to the Advertising charges as MMPL deems fit.
6.2 Without prejudice to clause 6.1, no insertion, refund or pro-rated adjustment will be made if in the sole opinion of MMPL the error, misprint or omission does not materially detract from the Advertisement.
7. EXCLUSION/LIMITATION OF LIABILITY
7.1 MMPL shall not be liable to the Customer or any third party or parties for any loss of revenue, profits or any consequential loss whatsoever howsoever caused or arising out of the display or non-display of any Advertisement for whatever reason, or for any errors, inaccuracies, omissions or insertions in the Advertisement.
7.2 The Customer agrees that the use of MMPL's server is at the Customer's own risk.
7.3 MMPL shall not be liable for any loss or damage that results from the use of or inability to use MMPL's services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance or computer virus, including but not limited to any system, server or connection failure Internet failures, telecommunication failures, other equipment failures, electrical power failures, acts of God, failure, theft, destruction or unauthorised access to MMPL's records, programmes or services. The Customer hereby acknowledges that this paragraph shall apply to all content on MMPL's server.
7.4 The Customer agrees that in any event, the total liability (if any) of MMPL to the Customer arising out of or in connection with the Agreement, for any error or omission shall not exceed the price paid to MMPL for the Advertisement or the cost of a further or consecutive of a type and standard comparable to the Advertisement.
7.5 The Customer hereby waives any and all claims which it may have against MMPL for any loss, damage, claim or expense arising out of, or in relation to the registration of domain names in any on-line or off-line network directories, membership lists or registration lists, or release of the domain name from such directories or lists following the termination of services by MMPL for any reason.
8. LAWFUL PURPOSE
8.1 The Customer shall use services provided by MMPL for lawful purposes only.
8.2 The Customer shall not transmit or store any material:-
8.2.1 in violation of any law or statute now or hereafter in force and any bye-laws orders regulations requirements and notices thereunder;
8.2.2 for which the Customer does not own or have a license to use the intellectual property rights thereunder subsisting; and
8.2.3 which MMPL in its sole discretion deems inappropriate.
9. PAYMENT AND GST
The Customer guarantees full payment in respect of the advertisement not later than 30 days from the date of invoice. The Customer shall also bear Goods & Services Tax at applicable rates on all payments under this Agreement and shall also pay the same within the due date.
10. DURATION AND UPDATING
The Advertisement is for a minimum period of one year unless otherwise stipulated.
11. SEVERABILITY
If any clause of this Agreement or any part thereof is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining clauses or part of the clauses of this Agreement shall remain in full force and effect.
12. GOVERNING LAW
This Agreement shall be construed under and governed by the laws of Singapore and the parties submit to the non-exclusive jurisdiction of the Courts of Singapore. Third Parties Rights: None of these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act (Cap 53B) by a person who is not a party to it.
These terms & conditions are subject to change without notice.
E&OE
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