Marketing Institute of Singapore (MIS) provides the content and services available on the i-Marketer website (the Site) to you subject to the following terms and conditions (“Terms and Conditions”). By accessing or using the Site, you acknowledge that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms & Conditions which include our Privacy Policy.
1. Privacy
Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
2. Permitted Use
Subject to what is said below, material from the Site may be downloaded, viewed, listened-to, printed, copied on the hard disk of your computer (but not photocopied) and used for: your own personal, non-commercial purposes; internal business purposes; or the non-commercial purpose of using the Site as a personal information resource in good faith ONLY. Single copies of pages from the Site may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. Any other type of use (and, in particular, any copying or distribution of material from the Site for any commercial or business purpose) requires the prior written agreement of MIS.
You agree that you will not use the Site for the posting, uploading, emailing or other transmission of any material which infringes the rights of any person or which is unlawful in any other respect; in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the the Site by any person; which will compromise the privacy or data protection rights of any person; for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation; for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; to create a database (electronic or otherwise) that includes material downloaded from the Site; to transmit or re-circulate any material obtained from the Site to any third party; or in any way that might bring MIS or any of its related companies or employees into disrepute.
3 Liability
Whilst every effort has been taken to ensure the accuracy of the information provided by MIS and its employees in these pages, the contents of the Site reflect the opinions of the writers, they do not necessarily reflect the views and opinions of MIS or any of its brands, they are personal to the writer and are naturally subject to change from time to time. It is the responsibility of users to check the accuracy of relevant facts and take appropriate professional advice before entering into any commitment based upon them.
MIS cannot guarantee that your use of the Site will be free from error and/or uninterrupted. MIS, its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of MIS or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.
Some of the pages on the Site include material (including, but not limited to, advertisements) posted by third parties. This includes most of the material that is posted on the “Jobs” section of the Site which has been posted by third party employment agencies and businesses. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to MIS and for ensuring that such content complies with all relevant legislation. MIS accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. MIS is not a party to those agreements, does not act as an agent for those third parties (who, in turn, do not act as agents for MIS) and MIS is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.
4. Intellectual Property
All contents available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Marketing Institute of Singapore, our affiliates, partners or licensors, and is protected by Singapore and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Marketing Institute of Singapore, our affiliates, partners or licensors, in Singapore and other countries, and are protected by Singapore and international trademark laws.
Neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
5. Rights Clearances
The copyright, and other rights, in some of the material appearing on the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by MIS which arise as a result of your failure to obtain such licences and permissions.
6. Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
7. Submissions
You may submit material for publication on parts of the Site. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy. If you want to submit material to MIS for publication on the Site, you may do so on the following terms and conditions:
MIS may publish and make available to the public by any means any material that you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
You hereby grant MIS a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format.
publication of any material you submit to us will be at MIS’s sole discretion. MIS reserves the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication
you warrant to MIS that any material you submit to the Site is your own original work and that you own the copyright and any other relevant rights
you warrant that the material you submit and the language that you use is not obscene, abusive, hateful, offensive, defamatory of any person or otherwise illegal
you agree not to post material which is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorised manner.
you agree not to post material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
you agree not to place any links on the Site where those links take users to unlawful material or material that contravenes these terms.
you agree that, except where expressly permitted by MIS, you will not to place on the Site advertisements nor make commercial solicitations nor use the Site for any commercial purposes (which would include using the Site to promote or encourage the sale of your goods/services).
you acknowledge that any breach of these warranties may cause MIS damage or loss and you agree to indemnify MIS in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
MIS reserves the right to remove your access to individual services completely if MIS believes that you are abusing the services in any way.
8. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Marketing Institute of Singapore, our affiliates, partners or licensors.
9. Registration
This clause shall apply where you register with MIS for use of the Site.
You agree to provide true, accurate, current and complete information about yourself as requested by MIS in the registration form ("the Registration Information"). You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You agree to keep the password for your access to Brand Republic confidential and agree not to permit anyone else to have access to it. Furthermore you agree to be fully responsible for all activities that occur under your password.
You agree to immediately notify MIS of any unauthorised use of your password.
10. Removal of Material and Cancellation of Access to the Site
MIS shall have the right to cancel your registration and/or refuse you access to the Site at any time and for any reason without giving you any advance notice and MIS shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of MIS or its employees) arising from your inability to access any of the pages on the Site.
MIS shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and MIS shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of MIS or its employees) arising from the removal of such material.
MIS will not view or edit or pre-screen any contribution that you or anyone else make to the interactive pages of the Site and therefore, unless MIS is specifically notified of the nature of any item of content, you cannot assume that they are responsible for having made it available on the Site. MIS shall have the right (but not the obligation) to refuse or remove any content that is posted to, or made available on, the forums or the website without the need to give any reasons for doing so.
If you object to the publication of any material placed on the Site please let MIS know by calling +65 6327 7588 or by sending an appropriately worded email to i-marketer@mis.org.sg and they will take whatever action they deem appropriate.
11. Viruses
Whilst effort has been taken to ensure that the pages of the Site are free from viruses, MIS gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
MIS excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of MIS or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
(a) the pages on the Site or any other Internet sites; or (b) any material downloaded from the Site or any other Internet sites.
12. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
13. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Republic of Singapore, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Singapore. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Singapore, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.
14. Variations
These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
15. Severability
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
16. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
17. Content of All Advertisements
All Advertisements must comply with the following terms and conditions:
You warrant to MIS that any Advertisement is your own original work and that you own the copyright and any other relevant rights;
You warrant that any Advertisement that you submit and the language that you use in it is not obscene, abusive, hateful, obscene, offensive, defamatory of any person or otherwise illegal or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
You agree not to post any Advertisement which is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorised manner;
You agree not to post any Advertisement which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
You agree not to place within any Advertisement any links where those links take users to unlawful material or material that contravenes these terms;
You agree not to post any Advertisement which contravenes the relevant codes of conduct imposed by the Advertising Standards Authority;
You agree not to post, upload or otherwise transmit any Advertisement which: a. infringes the rights of any person or which is unlawful in any other respect;
b. will compromise the privacy or data protection rights of any person; or c. may bring MIS into disrepute.
You agree not to use the Service for:
a. the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", “affiliate schemes”, or any other so called “business opportunity” or any other form of solicitation or commercial exploitation;
b. for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment.
You acknowledge that any breach of the terms/warranties given above may cause MIS damage or loss and you agree to indemnify MIS in full and permanently against any third party liabilities, claims, costs, loss or damage that it incurs as a result of publishing material that you submit to it, including consequential losses.
MIS may publish and make available to the public by any means any Advertisement that you submit, post, upload, email or otherwise transmit to it at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
If your Advertisement links to another website via our external apply online option or otherwise, you are responsible for maintaining the links and for the content of your Advertisement and the linked website. MIS may remove from the Site any Advertisement which contains content or links to a website which, in MIS’s opinion, is defamatory, illegal or objectionable or will bring MIS into disrepute. You will indemnify MIS from and against any claims or liability arising from the content of websites that are linked to from your Advertisement.
MIS reserves the right to remove your Advertisements completely if MIS believes that you are abusing the Service in any way.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. |