| General Terms and Conditions | ||||
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| 1. | Access to the MyCanon Portal and its
Content |
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| 1.1 | Canon Singapore Pte Ltd will endeavour to allow you uninterrupted access to this MyCanon Portal, but please bear with us that you may be inconvenienced for reasons beyond our control, such as disruption, restriction, suspension or termination at any time. | |||
| 1.2 | Canon Singapore Pte Ltd reserves the right to improve, change, modify, substitute or remove any information on this MyCanon Portal, or terminate this MyCanon Portal, at any time without notice. | |||
| 1.3 | Any communication or material that you transmit to this MyCanon Portal or to Canon Singapore Pte Ltd by electronic mail or otherwise, including any comments, data, questions and suggestions, is and will be treated as non-confidential and non-proprietary unless a prior arrangement in writing is made between you and Canon Singapore Pte Ltd. Canon Singapore Pte Ltd may preserve any such content and may disclose it to third parties if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process; respond to claims that the content violates the rights of third parties; enforce these Terms and Conditions; or protect the rights, property or personal safety of this MyCanon Portal and its users. | |||
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| 2. | Intellectual Property |
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| 2.1 | Unless otherwise indicated the copyright, database right and rights of an allied nature in the material contained in the MyCanon Portal, together with the MyCanon Portal design, text and graphics, and their selection and arrangement, belong to Canon Singapore Pte Ltd. All rights are reserved. None of this material may be reproduced or redistributed without its prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing. | |||
| 2.2 | You agree that any logos, names, service marks, trade marks and other devices (collectively referred to as "Marks" pertaining to Canon Singapore Pte Ltd that may be displayed on this MyCanon Portal are proprietary rights. Nothing contained on this MyCanon Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks belonging to it or to third parties that are displayed on this MyCanon Portal without prior written permission. | |||
| 2.3 | Certain product and company names mentioned on this MyCanon Portal or material displayed on this MyCanon Portal may be intellectual property belonging to third parties. Canon Singapore Pte Ltd does not warrant or represent that if you use such material you will not infringe the legal rights of these third parties. | |||
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| 3. | Exclusions of Liability |
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| 3.1 | Canon Singapore Pte Ltd uses reasonable endeavours to ensure that the information on the MyCanon Portal is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, to the extent permitted by applicable law, it disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained in this MyCanon Portal. | |||
| 3.2 | Due to the nature of electronic transmission of data over the Internet, Canon Singapore Pte Ltd does not warrant: | |||
| 3.2.1 | that access to this MyCanon Portal will be fault-free, secure, timely or uninterrupted, or that the MyCanon Portal will be free from software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or | |||
| 3.2.2 | the accurate receipt or security of any
information transmitted by you by electronic mail or otherwise to the MyCanon
Portal or Canon Singapore Pte Ltd. Accordingly, your use of this MyCanon Portal, and the electronic transmission of any document or information by you to the MyCanon Portal or Canon Singapore Pte Ltd is at your own risk. |
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| 3.3 | The liability of Canon Singapore Pte Ltd and/or of any other party involved in creating, producing or delivering this MyCanon Portal (the 'Web Programmer" for any damages, claims or losses arising from an inability to access this MyCanon Portal, or from any use of this MyCanon Portal or reliance on the data transmitted using this MyCanon Portal, is excluded to the fullest extent permissible by law. In no event shall Canon Singapore Pte Ltd or the Web Programmer be liable for any anticipated savings, business, goodwill, loss of profit, opportunity, revenues or other direct, indirect, consequential, incidental or special loss or damage of any kind, whether arising from breach of contract, tort (including negligence, defamation and infringement of copyright or database right or other intellectual property rights) or otherwise arising out of use of this MyCanon Portal, whether or not notified of such damage or loss arising, except where such liability cannot be excluded by law. | |||
| 3.4 | Canon Singapore Pte Ltd endeavours to prepare the content of the MyCanon Portal in accordance with Singapore law. It does not warrant that the MyCanon Portal will satisfy the laws of any jurisdiction other than Singapore. | |||
| 3.5 | Without limiting the foregoing, everything on this MyCanon Portal is provided to you "as available" and "as is" and Canon Singapore Pte Ltd disclaims to the fullest extent permissible by law any representation, warranty or responsibility of any kind, either express or implied, in relation to any information, goods or services offered, accessed or obtained through this MyCanon Portal. It also makes no representations or warranties, express or implied, with respect to this MyCanon Portal, or any part of it, including any warranties of title, non-infringement of the intellectual property rights of third parties, merchantability, satisfactory quality, or fitness for any purpose. | |||
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| 4. | Acceptable Use |
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| 4.1 | You may only use the MyCanon Portal in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within Singapore or other jurisdictions from which you are accessing this MyCanon Portal. | |||
| 4.2 | In particular, you agree that you will not: | |||
| 4.2.1 | upload, post, e-mail or otherwise transmit to the MyCanon Portal or to Canon Singapore Pte Ltd: | |||
| 4.2.1.1 | any content that is abusive, defamatory, harassing, harmful, invasive of privacy, objectionable (due to attitudes towards disability; gender; race, descent, ethnicity or nationality; religion or belief; sexual orientation; or other personal characteristics), obscene, threatening, tortious or unlawful, or otherwise use this MyCanon Portal in a manner which causes or may cause an infringement of the rights of any third party; | |||
| 4.2.1.2 | any content that you do not have a right to transmit under any law (including content that infringes the intellectual property rights of any third party), or under contractual or fiduciary relationships (such as confidential or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements); and | |||
| 4.2.1.3 | any unsolicited or unauthorised advertising or promotional materials or any other form of solicitation, including but not limited to chain letters, junk mail and spam; | |||
| 4.2.2 | impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or take any action to disguise the origin of any content transmitted to the MyCanon Portal or to Canon Singapore Pte Ltd; | |||
| 4.2.3 | use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this MyCanon Portal, including but not limited to uploading or making available through whatever means files containing corrupt data, software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; | |||
| 4.2.4 | deface, alter or interfere with the front-end "look and feel" of this MyCanon Portal or the underlying software code; | |||
| 4.2.5 | take any action which imposes an unreasonable or disproportionately large load on this MyCanon Portal or its related infrastructure; | |||
| 4.2.6 | obtain or attempt to obtain unauthorised access, through whatever means, to any of computers, networks or servers owned or used by Canon Singapore Pte Ltd; and/or | |||
| 4.2.7 | collect or store personal information about other users of the MyCanon Portal. | |||
| 4.3 | You may only use the MyCanon Portal in the capacity of an end-user. You must not, without the prior written permission of Canon Singapore Pte Ltd: | |||
| 4.3.1 | reproduce, copy, exploit, divulge, sell or resell sensitive information about device utilization, asset information, training materials or carry out any act preparatory to any of the foregoing in respect of any portion of the MyCanon Portal, or documents or information obtained from the MyCanon Portal; or | |||
| 4.3.2 | access or use the MyCanon Portal; for providing database, information, service-bureau or other commercial services to third parties. |
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| 4.4 | Without prejudice to any of our other rights, whether at law or otherwise, Canon Singapore Pte Ltd reserves the right to deny you access to this MyCanon Portal where it believes in its absolute discretion that you are in breach of any of these Terms and Conditions. | |||
| 4.5 | You agree to indemnify and hold Canon Singapore Pte Ltd, 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 MyCanon Portal; content you submit, post to or transmit to the MyCanon Portal or to Canon Singapore Pte Ltd; or your violation of these Terms and Conditions or of the rights of any third party. | |||
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| 5. | MyService |
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| 5.1 | Canon Singapore Pte Ltd reserves the right to amend the value(s) of the meter readings submitted by you at any time for invoicing purposes. | |||
| 5.2 | Canon Singapore Pte Ltd reserves the right to reject or amend information submitted online in the event of manifest error. | |||
| 5.3 | The decision of Canon Singapore Pte Ltd should be final and conclusive. | |||
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| 6. | Miscellaneous |
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| 6.1 | These Terms and Conditions contain all the terms of your agreement with Canon Singapore Pte Ltd relating to your use of the MyCanon Portal, and supersede any prior agreements, if any, between you and Canon Singapore Pte Ltd. | |||
| 6.2 | Canon Singapore Pte Ltd may modify these Terms and Conditions at any time. Such modification shall be effective immediately upon posting of the modified Terms and Conditions on this MyCanon Portal. Accordingly, your continued or subsequent access or use of this MyCanon Portal shall be deemed to be your acceptance of the modified Terms and Conditions. | |||
| 6.3 | You agree that notices and legal process may be sent to you or served on you either personally, through the post, or by e-mail. | |||
| 6.4 | The failure of Canon Singapore Pte Ltd to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. | |||
| 6.5 | The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. | |||
| 6.6 | Your use of this MyCanon Portal, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore Courts. Canon Singapore Pte Ltd reserves the right, if it sees fit, to bring proceedings in the courts of the country of your residence. | |||
| 6.7 | Neither your use of the MyCanon Portal nor these Terms and Conditions creates any relationship of solicitor and client between any of Canon Singapore Pte Ltd's officers, employees or agents on the one hand and you on the other, and none of the content of the MyCanon Portal should be construed as legal advice. | |||
| 6.8 | Only the identities of authorized persons or users are recognized in the use of the MyCanon Portal. The user concerned who accesses with password is deemed to be authorized corporate representative of the company and not in his or her personal capacity. Canon Singapore Pte Ltd reserves the right to refuse to deal with any user accessing the MyCanon Portal in his or her capacity and any such access shall not be deemed to a waiver of its rights. | |||
| 6.9 | 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. | |||
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