Terms of Use

GENERAL
This website located at www.exactsearch.asia (the “Website”) is owned by Exact Search (Asia) Pte Ltd (“Exact Search”, “We”, “Us”). By accessing or using the Website, you signify that you have read, understood and agreed to be bound by these Terms of Use, which govern your use of the Website.

We reserve the right to change, add or remove the whole or any part of these Terms of Use or the content of our Website at any time without prior notice. By continuing to use this Website after any such changes, you will be deemed to have accepted those changes. If you do not accept any change to these Terms of Use or the content of the Website, please do not use this Website.

You agree that the statutes and laws of the Republic of Singapore, without regard to the conflicts of laws and principles thereof, will apply to all matters relating to use of this Website and these Terms of Use. You also agree that all actions or proceedings arising in connection with any matters relating to this Website and/or these Terms of Use shall be submitted to the Singapore International Arbitration Centre for final and binding arbitration under its Arbitration Rules to be held in Singapore, in the English language, before a single arbitrator who shall be a retired judge. The arbitration shall be a confidential proceeding, closed to the general public. Prior to the appointment of the arbitrator or for remedies beyond the arbitrator, any party may seek equitable relief in a court of competent jurisdiction in Singapore without waiving its right to arbitration of the matter under this clause.

Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability but that shall not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction. Any failure by Us to enforce any term under these Terms of Use or any forbearance, delay or indulgence granted by Us to you, will not be construed as a waiver of our rights under these Terms of Use.

WEBSITE CONTENTS
The contents of the Website, including its design elements are copyrighted works and/or the subject of other intellectual property rights, owned or licensed by Exact Search. Unless specifically licensed by Us in writing, any unauthorized use of contents found on our Website may constitute a violation of copyright, trademark, other intellectual property rights and laws.

These Terms of Use, the materials, contents, design or layout of our Website may not be used, copied, reproduced, modified, published, republished, uploaded, downloaded, posted, transmitted, sold or distributed in any way, without our prior written permission.

All marks, names and logos on our Website including, without limitation, “Exact Search” and “Exact Search (Asia) Pte Ltd” are owned by Us may not be used, reproduced or re-transmitted without our express written permission.

YOUR CONDUCT
You agree and warrant that in visiting or using the Website, you will not:

• post or transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail” or “spam”;
• post or transmit any illegal, obscene or otherwise offensive material;
• post or transmit any material that contains 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;
• interfere with or disrupt our servers or networks connected to our Website; and/or
• obtain or attempt to obtain any unauthorized access to other accounts, computer systems or networks connected to our servers or any other materials or information not intentionally made available through the Website.

You agree and warrant that all information provided by you via the Website is complete, accurate and up-to-date as required.

ACCURACY OF WEBSITE CONTENT
We try to ensure that the information on our Website is as accurate as possible. We reserve the right to correct any errors or inaccuracies on our Website at any time without notice.

DISCLAIMER AND IDENTITY
The contents of this Website are provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, We disclaim all warranties, terms and conditions, including, but not limited to, any implied warranties of accuracy, completeness, non-infringement of intellectual property, or fitness for any particular purpose. We do not warrant or represent that the contents, functions and availability of the Website is or will be uninterrupted or free of errors and/or defects, that defects will be corrected or that the Website or the servers on which the Website is hosted are free of viruses.

In no event shall We be liable to any party for any damages whatsoever (including without limitation, direct, indirect, special or other consequential damages, damages for loss of profits, business interruption and/or loss of information), whether based on an action or claim in contract, negligence, tort or otherwise (even if We are advised of the possibility of such damage) arising out of:

• the use or the inability to use the Website
• the contents in our Website or any defect, error, inaccuracy or omission therein; or
• any other matter related to the Website.

You hereby agree to indemnify, defend and hold Us and all our officers, directors, owners, employees, partners, licencors, licensees and agents (the “Indemnified Parties”) harmless from and against any and all liability, losses, damages, costs and expenses (including without limitation legal fees and expenses), incurred by the Indemnified Parties arising out of or in connection with any claim arising from your use of the Website or any breach of these Terms of Use. You further agree to provide all reasonable assistance in connection with any defense of any such claim. We reserve the right to exclusively control the defense of any such claim.

THIRD PARTY RIGHTS
We may have links to third party sites or resources within our Website. We are not responsible for and accept no liability arising from the availability of or content of any linked website or resources, and may terminate any of the links at any time for whatever reason. We do not endorse, and shall not be responsible for, any of the companies, content, advertising, services, products or other materials contained in or made available through any of these linked sites or resources.