Unless indicated otherwise, the Terms & Conditions apply to the use of the website which is owned and operated by Presidium, companies within the Presidium group and its affiliates. For the purposes of the Presidium Terms & Conditions of Use, “Products” shall mean any and all goods and services advertised and/or promoted by Presidium or any third party on the website, in accordance with these Terms & Conditions.
Terms & Conditions – In General
- i) Features and specifications of the Presidium products (“Products”) advertised, provided and/or made available on the website are subject to change at any time without notice. Without limiting the generality of the foregoing, Presidium draws your attention to the following:
- a) Weights, measures, colors and sizes provided are only approximates;
- b) All display screen images provided are simulated pictures unless otherwise indicated.
- ii) While Products advertised, provided and/or made available on the website are generally available for purchase from Authorised Dealers, nothing on the website shall imply, represent or warrant that such Products are or will be available at the various local authorised Presidium representatives in Singapore and/or Worldwide. You should therefore check with your local authorised Presidium representative for specific product availability in your locality.
- iii) Where applicable, only orders for Products on the website that are accepted by Presidium shall constitute a legal, valid and binding contract between yourself and Presidium.
- iv) Processing of orders for the Products, delivery and provisions shall be subject to a separate set of terms and conditions from these Presidium Terms & Conditions of Use. Similarly, any warranties, repairs or refund policies (if any) on the Products will be addressed separately.
- v) The possession, distribution, circulation, importation or other dealing with such Products that are available on the website may be subjected to the laws and regulations of some countries and jurisdictions. It is your responsibility to ensure that any such dealings with such Products is in compliance with all applicable laws and regulations of the relevant countries and jurisdictions, including such licensing, intellectual property, taxation, revenue, customs, import and export control laws of such relevant countries and jurisdictions, and to observe all such laws and regulations.
Restriction on Use of Materials – Copyrights & Trademarks
- i) All contents of the website including, but not limited to the text, graphics, links and sounds are the copyright of Presidium or its licensors. Although Presidium authorises you to view and access the contents of the website solely for your personal and non-commercial use, you may not otherwise copy, download, distribute, display, perform, adapt, modify, publish, create derivative works from, recompile, reverse engineer or otherwise deal with, in any way, all or any of the contents of the website without the prior written consent of Presidium.
- ii) Where expressly provided for by Presidium on the website, some contents on this website are available for download by you (“Downloadable Contents”). Presidium hereby grants you a non-exclusive, limited, non-transferable, royalty-free right to download the Downloadable Contents for your personal and non-commercial use only. You shall not sub-license, distribute, adapt, modify, create derivative works from, recompile, reverse engineer the Downloadable Contents without the prior written consent of Presidium.
- iii) All marks, names and logos (whether registered or unregistered), including but not limited to “Presidium”, used on the website (unless otherwise stated) are trade marks, service marks and intellectual property rights held by Presidium and/or companies within the Presidium group.
- iv) Other product, trade and/ or company names mentioned in this website may be the trademark of their respective owners. No permission or license is granted to use any such trade mark, service mark or intellectual property right without the prior written consent of Presidium, companies within the Presidium group or its legal representatives (as the case may be).
Without limiting the generality of the conduct outlined below, you are prohibited from any of the following actions while using the website:
- a) Posting any unlawful, libelous, threatening, abusive, disruptive, or obscene material or message in violation of the rights of any person or which constitute a criminal offense, or otherwise violate any local, state, national, or international law;
- b) Uploading or reproducing any information protected by any intellectual property right without obtaining permission of the relevant intellectual property right owner. Only public domain files, and files which the relevant intellectual property right owner has given you express consent to copy and redistribute online or otherwise, may be uploaded to the Site, including any software files or libraries;
- c) Uploading files containing computer viruses or other disruptive programs;
- d) Using an obscene or offensive handle or name;
- e) Violating any terms, rules or policies, which are posted or otherwise, made available or communicated to you in any manner.
Submission of Materials
- i) By submitting material to any of our servers, for example, by e-mail or via the Presidium pages, you agree that: a) The material will not contain any item that is unlawful or otherwise unfit for publication; b) You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; c) You own the material or have the unlimited right to provide it to us and Presidium may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; and d) You agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.
- ii) In respect of any information or materials which you may submit to Presidium when using the website, you agree that such information or materials are non-proprietary and non-confidential and grant to Presidium, companies within the Presidium group and its affiliates, a word-wide perpetual license without charge to the use of such information or materials for any purpose it deems necessary, including without limitation, copying, transmission, distribution, broadcast and publication thereof, unless restricted by applicable law.
- iii) In addition, you hereby grant to Presidium, companies within the Presidium group and its affiliates, a word-wide perpetual right to use, without any compensation to you, for any ideas, concepts, know-how, or techniques contained in any information or materials submitted to Presidium for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products using such information or materials.
- iv) Presidium shall also be entitled to make use of, to publish and to make available, in any way, any demographical and statistical data it collates from your usage of the website.
- v) In relation to the above, you agree that Presidium shall not be under any obligation of confidentiality to you regarding any such information or materials submitted to while using the website unless agreed otherwise in a separate direct contract between you and Presidium or as required by law.
- Unless restricted by applicable law, you agree that any and all personal information/data relating to you collected by Presidium from the website, from time to time may be used and disclosed for such purposes, and to such persons, as may be in accordance with the Presidium Privacy Statement.
Linked Websites and Third-party Liabilities
- i) The website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of Presidium and Presidium is not responsible for the contents of any such Linked Websites, including without limitation any links contained in a Linked Website, or any changes or updates to a Linked Website. Presidium is not responsible for web casting or any other form of transmission received from any Linked Websites. Presidium is providing these links to you only as a convenience, and the inclusion of any link does not imply any endorsement by Presidium of the website or any association with its operators. You are responsible for viewing and abiding by the terms and conditions, privacy statements and other legal notices posted by the Linked Websites.
- ii) Presidium accepts NO liability for any loss or damages arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such Linked Websites, or loss arising directly or indirectly from defects with such Linked Websites.
- iii) By accessing and/or performing transactions on the website, you are deemed to be a “user” of this website. These Presidium Terms & Conditions of Use are applicable to this website, when leaving the website, please read any terms and/or guidelines of use applicable to such Linked Websites to ensure you agree with the terms and/or guidelines of use applicable to that Linked Website.
Limitations of Liability
- i) Presidium makes NO guarantees, endorsements, representations, warranties, terms or conditions of any kind, expressed, implied or statutory regarding the website and its operation, or materials and information contained or referred to on each page including herein, the Downloadable Contents. The website and its available materials and information including herein, the Downloadable Contents are provided on an “as in” and “as available” basis.
- ii) Presidium makes NO guarantees, endorsements, representations, warranties, terms or conditions of any kind, expressed, implied or statutory in respect of any accuracy, quality, completeness, timeliness, satisfactory quality, merchantability, fitness for a general or particular purpose, non-infringement or title of any software, communications, transmissions, information, data, products or service provided pursuant to the website.
- iii) Presidium accepts NO liability and will not be liable for any loss or damages arising directly, or indirectly (including special, incidental or consequential loss or damages) from your use of the website, however arising, and including any loss, damages, or expense arising from, but not limited to, any defects, errors, imperfections, faults, mistakes or inaccuracy in, or on the part of (as is applicable) the website or its contents, the Downloadable Contents or due to any unavailability of the website or any part thereof or any contents or associated products or services.
- iv) Presidium shall not have any liability for any delay or default in its operation of the website caused by circumstances beyond its control, including but not restricted to acts of god, acts of 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.
- v) In any of the events mentioned above, Presidium shall for the duration of such events, be relieved of any such obligation under these Presidium Terms & Conditions of Use as is affected by the said event, provided that the provisions of these Presidium Terms & Conditions of Use shall remain in force with regard to all other obligations which are not affected by such events, and provided further that the parties shall resume their full obligations under this agreement upon the cessation of such event.
- i) Other than liability for death or personal injury arising from negligence or for fraud, any warranties, terms or conditions which may be implied or incorporated within these Presidium Terms & Conditions of Use by reason of statute, common law or otherwise, (including warranties as to description, merchantability, suitability, satisfactory quality and fitness for a general or particular purpose) is hereby expressly excluded.
- ii) Without prejudice to the other provisions of these Presidium Terms & Conditions of Use and to any other rights and remedies which Presidium may possess, you hereby agree to indemnify and hold Presidium harmless at all times against all actions, proceedings, costs, claims, expenses (including all legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise), whatsoever and howsoever arising, including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorized or illegal access to computer (including but not limited to hacking), property damage or pecuniary losses which Presidium may sustain, incur, suffer or pay arising out of, in connection with or pursuant to your access to and/or your use of the website. Whether or not such access or use was authorized or whether it was due to any act or omission on your part, for the purposes of this clause, any reference to the use of the website shall include, but is not limited to the Downloadable Contents or the purchase of any products by you.
- iii) You acknowledge that circumstances could arise, in which the remedies, limitations of liability and indemnities set forth in these Terms & Conditions of Use may appear insufficient to you. In the light of the overall agreement, hereunder, Presidium and you have agreed that the limited remedies, liabilities and indemnities set out herein, are part of a reasonable allocation of the risks and benefits of this agreement between Presidium and you, taking all relevant factors into consideration, including the value of consideration provided by you.
- i) Presidium makes NO guarantees, endorsements, representations, warranties, terms or conditions of any kind, expressed, implied or statutory that the products advertised, provided and/or made available on the site including the Downloadable Contents are of good title, correspond with description, merchantable, of satisfactory fitness or quality for any general or particular purpose.
- ii) Presidium is neither under any obligation to provide any walk in, house call, backup or technical support or any other post sale services. All products made available to you shall be the subject matter of a separate contact between yourself and Presidium. Further Presidium shall not in any way be responsible for the non-receipt of any orders you make, or delays in delivery of any product you may order.
- iii) Please note that any software downloaded from the website (including the Downloadable Contents) is at your own risk and Presidium neither assumes nor accepts liability for any loss or damages (whether direct or indirect), howsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of the website.
- iv) Further, Presidium does not guarantee that any e-mails sent from the website will be received by you or received by Presidium, if sent by you, nor does Presidium warrants the privacy and/or security of e-mails during internet transmission.
- v) Presidium controls and maintains the website from the Republic of Singapore and Presidium makes no representation that the material and information contained herein is appropriate or available for use in other locations/jurisdictions.
Prevalence of Documents
- i) In case of any conflicts or inconsistencies between these Presidium Terms & Conditions of Use and any other terms or legal notices posted on the website or otherwise applicable between the parties in relation to the website, the documents shall prevail in the following order:
- (a) Presidium Privacy Statement;
- (b) Presidium Terms & Conditions of Use.
- The laws of the Republic of Singapore govern these Presidium Terms & Conditions of Use, and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
The contents of Presidium pages are Copyright © Presidium Instruments Pte Ltd 2010. Any rights not expressly granted herein are reserved.