This User Agreement defines the terms by which Wallaby Works
offers you access to a variety of resources, products and services at www.wallabyworks.com
(the "Site"). Certain products and services ("Services") are subject to registration
procedures and/or separate terms and conditions, terms of service, user agreements
or other similar legal agreements. Wallaby Works may also supplement this User
Agreement with posted guidelines or rules applicable to specific Services. Unless
expressly stated otherwise, any new product or service offered by Wallaby Works
through this Site shall be subject to the terms and conditions of this User
Agreement. By accessing and using the Site, you are deemed to have read and
accepted, without limitation or qualification, this User Agreement and have
agreed to be bound by its terms.
Changes to this User Agreement
Wallaby Works may, at its sole discretion, modify or amend any aspect of this
User Agreement, in whole or in part, without notice to you, by posting any modifications
to this User Agreement on the Site. You agree to periodically review the terms
and conditions of this User Agreement to remain aware of any modifications.
Your continued use of the Site after changes are posted will constitute your
acceptance of the amendments. YOU SHOULD READ THIS USER AGREEMENT EVERY TIME
YOU USE THE SITE.
Changes to the Site
Wallaby Works may, at its sole discretion, modify, vary, upgrade, update or
discontinue the Site or any part thereof, temporarily or permanently, at any
time without notice to you, by posting any modifications at the Site and reserves
all rights to remove or modify without notice any message, posting or content
on the Site for any reason. You agree to periodically review the Site to remain
aware of any modifications. Your continued use of the Site after changes are
posted will constitute your acceptance of the amendments.
User Information
You hereby agree that all information provided in any of your registration application
is true and correct in all respects. All information you provide will be maintained
by Wallaby Works as confidential unless otherwise stated in this Agreement.
Wallaby Works' Proprietary Rights
Except as expressly provided, nothing in this User Agreement or within the Site
or the Services or any part thereof shall be construed as conferring any licence
in respect of Wallaby Works' intellectual property rights, whether by estoppel,
implication, waiver or otherwise. You acknowledge and agree that (a) the Site,
the Services or any part thereof, including any software used to access the
Site or the Services or any part thereof (the "Software"), contains proprietary
and confidential information that is protected by applicable intellectual property
and other laws; and (b) you will not access the Site, the Services or any part
thereof by any means other than through the interface that is provided by Wallaby
Works for use in accessing the Site, the Services or any part thereof. Save
as expressly authorized by Wallaby Works or its licensors, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based
on the Site, the Services or any part thereof, in whole or in part. All content
at the Site is copyrighted and protected by international copyright and trademark
laws. You must retain all copyright and proprietary notices on downloaded and/or
copied material from this Site. Save as specifically permitted hereunder, no
materials contained in this Site may be reproduced, modified, adapted, distributed,
published, displayed, uploaded, posted, transmitted or hypertext-linked in any
form, manner or by any means FOR COMMERCIAL OR PUBLIC PURPOSES without the prior
written permission of Wallaby Works and/or the respective copyright and trademark
owners. In addition to Wallaby Works' rights in the individual elements of such
content, Wallaby Works and/or its licensors own the copyright in the selection,
coordination and arrangement thereof.
Links
The Site may provide links to other websites or resources. As Wallaby Works
has no control over such sites and resources, you acknowledge and agree that
Wallaby Works is not responsible for the availability of such sites or resources,
and does not endorse and is not responsible or liable for any material on or
available from such sites. You further acknowledge and agree that Wallaby Works
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use in reliance
on any such material available on or through any such site or resource.
Notices
Except as explicitly stated otherwise, any notices shall be sent to Wallaby
Works via email to info@wallabyworks.com or to you at the email address you
have provided to Wallaby Works in the Registration Form on the Site, or such
other address as the parties shall specify. Wallaby Works will also not guarantee
that you will receive all email notifications and it shall be presumed, upon
any email departing the information processing system of Wallaby Works, that
the email has been received by you. Alternatively, Wallaby Works may in its
own discretion give you notice by fax or regular post office mail to the contact
details provided by you in your Registration Form (or any updates thereto).
Termination
This User Agreement shall continue to be in effect for as long as you use the
Site and/or any Services, unless specifically terminated earlier by Wallaby
Works. Wallaby Works may terminate this User Agreement and/or terminate your
rights to use the Services or any part thereof with immediate effect: with or
without cause at any time by giving notice to you via fax, email or regular
post office mail and Wallaby Works shall not be liable to you or any third party
for any loss or damage resulting from such termination; if in the sole opinion
of Wallaby Works, you have substantially breached any of the terms or conditions
of this User Agreement; if you have at any time provided any false or incomplete
information to Wallaby Works; if in the sole opinion of Wallaby Works or any
regulatory authority, it is not in the public interest to continue providing
you with access to the Site or the Services for any reason whatsoever; if in
Wallaby Works' sole opinion, you have behaved unreasonably or in such a way
that hinders Wallaby Works in the proper discharge of its obligations herein
or results in loss or damage to Wallaby Works.
Disclaimer of Warranty
The Site and the Services are provided on an "as is" and "as available" basis.
You expressly agree that use of the Site and the Services and any material or
data downloaded or otherwise obtained through the use of the Site or the Services
is at your own risk and you shall be solely responsible for any and all loss
or damage that may result from the use of the Site or the Services or such downloaded
material or data. Wallaby Works makes no warranty that the Site and the Services
will meet your requirements, or that the Site and the Services will be uninterrupted,
timely, secure, error free or free from any virus or other malicious, destructive
or corruptive code, programme or macros; nor does Wallaby Works make any warranty
as to the results that may be obtained from the use of the Site or the Services
or as to the accuracy, adequacy, reliability, timeliness, completeness or integrity
of the Site or the Services (including any content or any information obtained
through the Site or the Services) or that defects in the Site or the Services
will be corrected. The information and data available on the Site presented
in text, graphics or whatever form, may include inaccuracies or errors and Wallaby
Works and its information providers reserve the right to periodically make changes
to the information or data on the Site.
Limitations of Liability
Wallaby Works shall in no event be liable for any loss, damage or expense arising
from or in connection with: any amendment, discontinuance or modification of
the Site or the Services or this User Agreement or part thereof; any access,
use or inability to access or use the Site or the Services or reliance on the
contents provided through the Site; unauthorized access to, deletion or alteration
of your transmissions or data or failure of the Site or the Services to store
your transmissions; any system, server or connection failure, error, omission,
interruption, delay in transmission, or computer virus; any compromise, loss
or damage to the contents, currency, security, accuracy or quality of information
available, received or transmitted through the Site; any disclosure (inadvertent
or otherwise) of any information concerning the Site or the Services and particulars
or for any error, omission or inaccuracy with respect to any information so
disclosed; any use of or access to the external sites (including your website);
any failure by Wallaby Works to maintain the requisite security for the Services
and the Site, as well as any equipment connected to the Site that is under the
direct control of Wallaby Works, as long as the security is maintained in accordance
with the industry's computing practices.
Exclusion of Liability
You further agree that Wallaby Works shall not be liable for any loss or damage
arising from the interruption, suspension or termination of the Site or any
Service, including but not limited to direct, indirect, incidental, special,
consequential or exemplary damages, whether or not such interruption, suspension
or termination was justified, negligent, intentional or inadvertent.
Indemnity
You agree to indemnify and hold Wallaby Works, its affiliates, officers and
employees, harmless from any claim or demand, including legal fees on a full
indemnity basis, made by any third party due to or arising out of your use of
the Site or the Services, your connection to the Site, the breach of this User
Agreement by you, or the infringement by you, or other users of the Site using
your account, of any proprietary rights (including intellectual property rights)
of any person or entity.
User Obligations and Representations
You represent and warrant that (if a body corporate) you have, under your constitutive
documents, the capacity and power to enter into this User Agreement and that
the individual completing the Registration Form has duly and properly been appointed
in accordance therewith to represent you and (if a person) you are of sound
mind and have at the date of this User Agreement reached the age of twenty-one
(21) years.
Privacy Policy
Wallaby Works Registration Form requires users to provide contact information
(like their name and email address) and unique identifiers (like their telephone
number). Wallaby Works will not disclose to third parties the personally identifiable
information collected from its users except as specifically authorized by the
users or in the good faith and belief that such action is reasonably necessary
to comply with the law, legal process or to enforce this User Agreement.
General
The operation of the Site may be interfered with by numerous factors outside
of the control of Wallaby Works. If any provision of this User Agreement is
held to be invalid or unenforceable, such provision shall be deleted and the
remaining provisions shall be enforced. Wallaby Works' failure to act with respect
to a breach by you or others does not waive its right to act with respect to
subsequent or similar breaches. This User Agreement sets forth the entire understanding
and agreement between the parties with respect to the subject matter hereof.
Wallaby Works shall not have any liability for any delay or default in its operation
of the Site or any Services under this User Agreement caused by circumstances
beyond its control including but not restricted to acts of God, acts of the
public, enemy, decrees or restraints by governmental authorities, telecommunications,
computer or utilities failure, strikes, war, riots, insurrections, civil commotion
and other causes of such nature. In any such event, Wallaby Works shall for
the duration of such event be relieved of any such obligation under this User
Agreement as is affected by the said event PROVIDED that the provisions of this
User Agreement shall remain in force with regard to all other obligations under
this User Agreement which are not affected by such event and PROVIDED further
that the parties shall resume their full obligations under this User Agreement
upon the cessation of such event.
Governing Law and Jurisdiction
Wallaby Works controls and maintains the Site from the Republic of Singapore
and Wallaby Works makes no representation that the material and information
contained herein is appropriate or available for use in other locations/jurisdictions.
This User Agreement shall be governed in all respects by the laws of the Republic
of Singapore and both you and Wallaby Works hereby agree to submit to the non-exclusive
jurisdiction of the courts of the Republic of Singapore.