Terms of Use

Introduction

AMEIZ HOLDINGS PTE. LTD., our respective related corporations and affiliates (collectively “Group”, “us”, “we” or “our”) form a next-generation digital infrastructure platform. As part of our businesses, we build, design, develop, manage and own data centres (collectively “Products & Services”). We also own or manage various websites and social media accounts (collectively “Sites”) to provide our customers with information pertaining our Products & Services. You are viewing this page as you wish to find out more pertaining Products & Services and our Sites.

General

You must be at least legal age to access our Sites. If you are a minor, you may only carry out any of access our Sites under the authorisation and supervision of your parent or legal guardian. By accessing our Sites, you are deemed to represent and warrant to us that you are at least 18 years old and/or have full legal capacity to agree to the T&Cs (as defined below).

By accessing our Sites, you are deemed to have agreed to:

(a) our Terms of Use;

(b) our Privacy Notice; and

(collectively “T&Cs“). As such, please ensure that you have read and understood the T&Cs. If you do not agree with any provision, please exit and discontinue use of our Sites immediately.

The T&Cs, which are published on our corporate websites, may be reviewed and amended by us from time to time, at our sole and absolute discretion. As such, you are reminded to check our corporate websites on a regular basis to obtain the most updated version.

If you are or suspected to be in breach of the T&Cs, we may, in our sole and absolute discretion, and without notice or explanation, do any of the following (which may be temporary or permanent, or in whole or in part):

(a) restrict or block your access to and/or use of our Sites; and/or

(b) take any other action as we deem fit to protect our interests.

Access to and use of our Sites

We do not guarantee continuous accessibility or uninterrupted operation of our Sites and shall not be held liable, if for any reason, any information is or becomes unavailable at any time or for any period. We do not warrant or represent that any information transmitted via electronic mail or our Sites to/from you will be accurately received or is secure. Use of our Sites is subjected to our Cookie Policy.

We may decide from time to time to temporarily restrict or block access to, or use of, all or part of our Sites without notice to you, whether for the purpose of upgrading, maintaining or investigating our Sites or for any other reason(s) which we deem appropriate and/or necessary. We shall not be held liable and/or responsible for any loss and/or damage caused or arising out of, in connection with or by reason of such restriction of access to our Sites.

The use of our Sites and the electronic transmission of any document or information to/from you via our Sites are entirely at your own risk.

You agree to use our Sites, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, and other restrictions on use of our Sites or any content therein. Any access and/or use of the Sites by you is at your own initiative and risk, and you shall be solely responsible for compliance with the applicable laws of your jurisdiction.

All the content on our Sites (including but not limited to text, graphics, photographs, logos, icons, videos and sounds) is copyrighted and may not be used without our prior written permission. We also do not warrant that the use of information contained in our Sites will not infringe the intellectual property rights or other rights of third parties.

Your access to or use of our Sites should not be construed as us granting, by implication, estoppel or otherwise, any licence or right to use the content and/or trademarks on our Sites. Other than the limited grant of access to and viewing of the content and/or trademarks on our Sites, you shall have no privileges and/or rights in any content and/or trademarks on our Sites.

You may not copy, display, distribute, modify, publish, reproduce, transmit and/or otherwise transfer any content obtained from our Sites for any commercial purpose without our prior written consent.

You may not use our Sites for any unlawful purpose or in such manner as prohibited by our Terms of Use. In particular:

(a) you shall not use our Sites in any manner that could negatively affect our Sites or the network connected thereto (including but not limited to damaging, impairing, interfering with or overburdening our Sites {in whole or in part});

(b) you shall not gain unauthorised access to our Sites and the network connected thereto (including but not limited to by way of hacking or password theft);

(d) you shall not use any robot, spider, scraper or other automated means to access our Sites, decompile, reverse engineer or disassemble any software or other products or processes accessible through our Sites;

(e) you shall not insert any code or product or manipulate the content of our Sites in any way;

(f) you shall not use any data mining, data gathering or extraction method on our Sites;

(g) you shall not upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Sites, including but not limited to any software viruses or any other computer code, files or programs; and

(h) you shall not obtain any information which is not intended by us to be made available via our Sites at any time.

Further to the above, you must not carry out any of the following activities without our prior written consent in relation to our Sites:

(a) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content, data, information or material contained on or obtained from or through our Sites;

(b) create, enable, distribute, publish or transmit anything designed to attack, destroy, disrupt, interfere, interrupt or limit the functionality of our Sites, including any viruses, worms, keyloggers, adware, malware, spyware, trojan horses or any other computer codes, files or programs;

(d) obtain any content, data, information or material which is not intended by us to be made available via our Sites;

(e) manipulate the content of our Sites by way of backdoor attack, code injection/insertion, exploits or other unauthorised means;

(f) use any robot, data mining or other extraction methods, or other automated means to access and/or use our Sites;

(g) decompile, reverse engineer or disassemble our Sites;

(h) infringe or misappropriate the IP (as defined below) of any person or entity; and/or

(i) use our Sites in any manner that could negatively affect or is prejudicial to our Sites.

Kindly note that we do not allow objectionable action or content on our Sites, including without limitation the following:

(a) bullying or harassment, such as expressions of abuse, threats, sexual harassment, online harassment and doxing;

(b) content prejudicing the security, public health, public safety, public tranquillity, public finances, or friendly relations of Singapore and other countries;

(d) content revealing or threatening to reveal personally identifiable information or confidential information about others;

(e) depiction or promotion of criminal activities, including frauds and scams;

(f) false statements, fake news and misinformation meant to mislead or incite fear, hate, or prejudice or that may cause harm to others;

(g) hate speech, hateful ideology, vulgarities or slurs that attack or disparage others based on protected attributes, such as race, ethnicity, national origin, religion, caste, sex, gender, serious disease or disability and immigration status, and other content which incite feelings of enmity, hatred or ill‑will between different persons or groups of persons;

(h) infringement of the intellectual rights of any person or entity;

(i) nudity, pornography or sexually explicit content;

(j) spam and other content designed to or seeks to deceive or mislead users to increase viewership or interaction metrics, or artificially inflate popularity;

(k) trade, sale, promotion, and use of illegal, restricted or regulated goods;

(l) violent and graphic content, including content that is gruesome, gory or shocking, or threatens, incites, promotes or glorifies violence, harm, or death; and/or

(m) undermining, tarnishing or harming the reputation or goodwill of us.

Intellectual Property

For the purposes of the T&Cs, reference to “IP” shall include all rights, title and interest in and to intellectual property rights including content, documents, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, webinar, webinar reference materials, music, “look and feel”, and other proprietary rights including all adaptations, derivations and variations.

Our IP

(a) All IP relating to our Sites, and our Products & Services are either owned or licensed by us (collectively “Pre-Existing IP“). Our Pre-Existing IP shall not be copied, displayed, distributed, downloaded, licensed, reproduced, sold, transmitted, used or otherwise exploited for any purpose not authorised by us in writing.

(b) All IP (excluding Your IP {as defined below}) comprised in any and all materials or any part thereof created or developed relating to and in connection with us and our Sites and/or our Products & Services (collectively “Foreground IP“) shall be irrevocably assigned to and vest in us upon such creation, development and/or generation, unless otherwise specified in writing by us.

(c) Other than the limited grant of access to view and/or download the Foreground IP and our Pre-Existing IP with our written permission or authorisation, you shall have no privileges or rights in any of the aforementioned, unless we otherwise agree in writing.

Your IP

(a) Our Sites may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to us (collectively “submissions“). You understand that by making the submissions, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. We will not be required to treat any submissions as confidential.

(b) All IP (including submissions but excluding our IP) which you may provide on our Sites are either owned by you or licensed to you from third parties, unless otherwise agreed between you and us in writing. You undertake, represent and warrant that you own all necessary rights to your IP, and that you shall do not infringe the IP rights of any third party.

(c) Insofar as any of your IP is embedded in our IP, you agree to grant us, or procure a grant to us, a fully-paid, irrevocable, non-exclusive, perpetual, royalty-free and worldwide licence, with sub-licensing rights and without duty to account, to use, access, download, copy, distribute, transmit, modify and adapt your IP for the following purposes:

(i) to enable us to discharge our obligations under the T&Cs;

(ii) displaying, distributing, and promoting our IP, including making recordings and copies of your IP or portion(s) of it available for viewing and/or downloading by the public as part of our IP; and

(iii) any other purposes in connection with our Sites and/or our Products & Services (including past, existing and future ones).

Third-party IP

(a) As a matter of clarification, our Sites may refer to third parties and also display trademarks from third parties. Such reference and use of third-party trademarks are to identify the products and services of their respective owners. These trademarks belong to their respective owners. No sponsorship or endorsement on our part of these third parties should be inferred from our display of their trademarks on our Sites.

Hyperlinks & Plugins

We may use third-party plugins and/or provide hyperlinks or redirections to other third-party sites (e.g., social media platforms) which may not be owned, managed or operated by us (“Third-Party Material“). Such Third-Party Material do not mean that we are connected with, related to or associated with or endorse the Third-Party Material and the contents, products and/or services provided therein.

We do not have any control over Third-Party Material and shall not be liable or responsible for:

(a) the accuracy, availability, content or functionality of such Third-Party Material;

(b) the contents, products and services provided therein; and

The access and use of such Third-Party Material is at your own risks. You should exercise caution and good judgement before accessing and/or using Third-Party Materials. Further, you should check all Third-Party Material for any applicable terms and conditions and/or policies. When in doubt, please verify with us and/or contact the owner of the Third-Party Material for clarification. We shall accept no liability for any failure on your part to view, comply and/or familiarise with any such terms, conditions and/or policies.

Privacy

You must comply with our Privacy Notice and all legal requirements and standards applicable to data protection and privacy, as amended, revised, and/or supplemented from time to time (“Data Protection Requirements“). As such, please refer to our Privacy Notice for further details and ensure that you understand the terms set out therein.

We may collect, disclose, process, store, transfer (including locally and cross-borders) and/or use any content, data and information you post, submit and/or share (including your personal data/information) on any of our Sites and third-party platforms managed by or associated with us (including without limitation social media platforms and chat groups) in accordance with and for the purposes set out in our Privacy Notice, including without limitation sending you news/updates, marketing/promotion and outreach activities for our Products and Services.

To the extent permitted by applicable law, we may monitor your access to, use of and other activities relating to the Sites. We may prevent, hinder or interfere in your access, use and activities on our Sites but we do not make any representation or warranty that we will do so (whether if required by law or otherwise). You consent to any such monitoring and intervention subject to any rights you may have under applicable law.

You agree to fully indemnify, keep fully indemnified and hold us, our affiliates, directors, employees, agents, successors or assigns harmless from any cost, expense, fines, investigation, legal proceeding, penalties and/or sanctions related to any of your breach of the Data Protection Requirements.

Disclaimer of Warranties and Exclusion of Liability

Except where expressly stated otherwise, materials, documents and/or information provided on or which may be accessed through our Sites is provided as general information only. They are not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. We may also make statements on our Sites or in any documents or materials accessible through our Sites to describe our future intentions, expectations, predictions or any other future matter. Any such statement may be forward-looking in nature and is subject to certain risks and uncertainties. While we have reasonable grounds for making such statements at the time that they are made, a number of factors could cause the results or events predicted in these statements to differ materially. We expressly disclaim any intention to, and do not assume any obligation to you to, update or revise any forward-looking statements or representations, whether as a result of new information, future events or otherwise.

Our Sites may contain inaccuracies or errors. Our Sites are provided on an “as-is-where-is” and “as-available” basis. You understand and acknowledge that when you access, use, download from, and/or otherwise obtain content or services from our Sites, you do so at your own discretion and risk. We make no representation that the Sites are appropriate or available outside of Singapore. If you use the Sites from other locations you are responsible for compliance with applicable local laws.

Nothing herein shall be construed as (and we hereby expressly disclaim) warranties, representations and guarantees of any kind (whether express or implied) including without limitation (a) the continuous accessibility or uninterrupted operation of our Sites (b) that Sites and their contents and materials are accurate, appropriate, available, complete, reliable timely, updated for use in all jurisdictions, and (c) the contents and/or materials available for access, use or download from our Sites are free of keyloggers, viruses, worms, trojan horses, malware and other harmful or destructive content.

We shall not be liable for any damage or loss arising from your access and/or use of our Sites, and/or your reliance on the content and information contained on our Sites. Your sole remedy is to stop using our Sites. In particular, we shall not be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury, or property damage related to our Sites. Without prejudice to the T&Cs, should we be found liable to you under any applicable law, the liabilities owing by us to you under or in connection with the T&Cs (to the extent permitted by applicable laws) shall be capped at no more than S$500 in total for all claims.

We, however, reserves all legal rights to recover damages or other compensation under the T&Cs or as allowed by law, in equity and under contract.

Indemnification

You agree to fully indemnify, keep fully indemnified and hold harmless us, our affiliates, directors, employees, agents, successors or assigns from any losses, claims, demands, liability, costs, expenses, actions or threat of action arising from or in connection with any (a) breach of the T&Cs in connection with any access and/or use of our Sites, and (b) any violation of any applicable law, by you.

Miscellaneous

Unless otherwise specified, any notice and/or communication in connection between you and us shall be in writing (in English) to the contact details (including specified email addresses) as notified by us.

No failure on the part of us hereto to exercise, and no delay in exercising any right hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right hereunder preclude any other or further exercise thereof or of the exercise of any other right. The rights and remedies provided hereunder are cumulative and not exclusive of any rights or remedies provided by law. Any waiver or consent given by us hereunder shall be in writing and may be given subject to such conditions as we may impose. Any waiver or consent shall be effective only in the instance and for the purpose for which it is given.

If any provision hereunder is held invalid, illegal or unenforceable by a court of law or a tribunal:

(a) such provision shall be modified to the minimum extent necessary to give effect to our commercial intention; but

(b) the other provisions hereunder shall remain unchanged, valid, and enforceable.

The T&Cs shall be governed by and construed in accordance with the laws of Singapore and subject to the exclusive jurisdiction of the Courts of Singapore.

The T&Cs are written in English. Any translation into another language is provided solely for your convenience; and to the extent there is any conflict, the English version shall prevail and take precedence.