The services are intended for use only by individuals and legal entities that can form legally binding contracts under applicable law. By using any of the services, you expressly represent that you are an individual with the capacity under applicable law to enter into a legally binding contract.
Empower Tech reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the services. Such updates, revisions, supplements, modifications, and additional rules and policies shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site or the websites of Empower Tech related or affiliated entities. Your continued use of this Site following such notice shall be deemed to indicate your acceptance of any and all such additional terms. All additional terms are hereby incorporated into this Agreement by this reference.
Empower Tech reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the services, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that neither Empower Tech, its partners nor affiliates shall be liable to you for any modification, general suspension or discontinuance of any services. Empower Tech may, in its sole discretion, refuse or restrict anyone from access to any or all of the services at any time.
You must register in order to use our Site. You agree to: (i) provide current, complete, not misleading, true and accurate information as required to complete the registration form and at other points as may be required in the course of your using the services; and (ii) maintain and update this information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. If Empower Tech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Empower Tech has the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. Furthermore, you grant Empower Tech the right to use your registration and other data and information for the purposes described in this Agreement and in furtherance of your use of the services.
The Service is provided based on the Subscription chosen by you.
Payment for the subscription fees will be due annually or in accordance with the details set out in your individual Plan. Empower Tech will continue invoicing you in accordance with the Plan until it is duly terminated in accordance with the termination rules set forth in each Plan.
You are responsible for all payments inclusive of all taxes and duties.
You may terminate your Subscription to the Plan in accordance with the terms and conditions set forth therein.
COPYRIGHT AND CONTENT
The Site and all content and other materials, including, without limitation, the Empower Tech logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof, unless otherwise specified, are the proprietary property of Empower Tech or its licensors or users and are protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
Copyright (Network Service Provider) Regulations
In accordance with Regulation 5 of the Copyright (Network Service Provider) Regulations (Cap. 63, Rg. 7), the designated representative for the Site is:
Empower Tech Pte. Ltd.
30 Cecil Street, #19-08 Prudential Tower, Singapore 049712
+65 9336 4271
THIRD PARTY CONTENT
When using the Site, you may be exposed to Content generated by other Users on the Site (“Third Party Content”) that may be inaccurate, indecent, or offensive. Empower Tech is not responsible for the accuracy, usefulness, or Intellectual Property Rights related to Third Party Content. You hereby waive any right or remedy whether in law or equity you may have against Empower Tech with respect to Third Party Content.
Empower Tech may provide links to web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Empower Tech does not monitor or have any control over any Third Party Content or third party Sites. Empower Tech does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Empower Tech does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Empower Tech may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Empower Tech, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Empower Tech is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- Empower Tech advertisers on our Site.
Empower Tech makes every attempt to ensure that the information on our Site is as accurate and complete as possible and from time to time the Site may contain errors and may not be complete or current. Empower Tech therefore reserves the right to correct any errors or omissions and to change or update information at any time without prior notice.
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services thereon a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
Empower Tech may permit you to post, upload, transmit through or otherwise provide through our Site messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information and/or other content. You agree not to submit any content that infringes any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right. You are solely liable for any damage resulting from your infringement or from any other harm resulting from your content. Furthermore, you represent and warrant that your content will reflect opinions genuinely held by you, and comply with all applicable laws; will be truthful, non-misleading and non-deceptive; will not contain any material which is tortious, defamatory, obscene, offensive, hateful or inflammatory; will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; does not breach any legal duty you owe to a third party; will not be threatening, abuse or invade another's privacy, or provided with an intent to harass, upset or embarrass any other person; will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your content comes from someone else; or will not advocate, promote or assist any unlawful act. Empower Tech reserves the right but not the obligation to monitor, edit or remove any content for violation of the letter or spirit of these terms, or for any other reason.
By submitting content to Empower Tech, you automatically grant, or warrant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon, publicly display/perform, transmit and publish the content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to any rights with respect to the content.
Empower Tech may establish general practices and limits with respect to use of the Site, including storage capacity, postings, or other uploaded Content that will be retained by the Site, the maximum disk space that will be allotted on Empower Tech’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time.
Empower Tech has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You further acknowledge that Empower Tech may change these general practices and limits at any time, in its sole discretion without notice.
ADDITIONAL APP TERMS
If you download the App from any App Store then, without derogating from the warranty disclaimers and limitation of liability as set forth in these Terms, you acknowledge and agree that: (i) these Terms are applied between Empower Tech and you only, and not with the App Store, and Empower Tech licensors, and not the App Store, are solely responsible for the App and the content thereof; (ii) your use of the App is also subject to the Usage Rules established by the App Store, including those set forth in the applicable Terms of Service, effective as of the date that you enter into these Terms; (iii) the Subscription granted herein is limited to a non-transferable right to use the App; (iv) Empower Tech is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law; and (v) Empower Tech is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
Except as expressly provided to the contrary in writing by Empower Tech, this Site, the content contained therein and the products and services provided on or in connection therewith are provided on an “as-is” basis without warranties of any kind, either express or implied. Empower Tech disclaims all other warranties of any kind, either express or implied. Empower Tech disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our Site. Empower Tech does not represent or warrant that materials in our Site or the services are accurate, complete, reliable, current, or error-free. Empower Tech does not represent or warrant that our Site or its servers are free of viruses or other harmful components.
LIMITATION OF LIABILITY
In no event shall Empower Tech, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss or profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise arising out of or in any way connected with the use of our Site, the products and services, or the content contained in or accessed through our Site, including without limitation any damages caused by our resulting from reliance by the user on any information obtained from Empower Tech, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications, failure, theft, destruction or unauthorized access to Empower Tech’s records, programs or services, or accidents or harm arising from your possession or use of the Services.
APPLICABLE LAW AND VENUE