THE FOLLOWING DESCRIBES THE TERMS ON WHICH COMGATEWAY OFFERS YOU ACCESS TO OUR SERVICES.
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Welcome to the user agreement (the "Agreement" or "User Agreement") for comGateway (a division of Creditel (S) Pte Ltd) and Gateway Express Inc. (A subsidiary of Creditel (S) Pte Ltd). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.comGateway.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of comGateway. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a comGateway user. Please note: underlined words and phrases are links to these pages and websites
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on November 1, 2004 for all users
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1.Membership Eligibility |
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Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your comGateway account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
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2.Registration |
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Joining comGateway is free. All members are allocated a unique address at Gateway Express Inc and while there is no charge for the maintenance of this address, it can only be used in conjunction of the service offered by comGateway. ComGateway reserves the rights to terminate the service at its sole discretion but will complete delivery of all outstanding transactions that has been made through its service. By joining comGateway, you agree to indemnify and hold the issuing bank of your credit card, comGateway and Gateway Express Inc harmless and fully indemnified against all claims, expenses and/or losses whatsoever arising from or in connection with your use of this address as your Billing Address for your credit card? and Shipping Address? when you make your purchases.
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3.Gateway Express Inc |
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By accepting this agreement, you hereby authorize Gateway Express Inc. to accept your purchases made using the Service on your behalf and to appoint Gateway Express Inc. as your freight agent upon the terms and conditions of carriage.
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4.Freight Charges |
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A Freight Charge is levied when you use our freighting services and you will have an opportunity to request for notification and approval prior to us freighting your goods unless you choose to waive all notifications or if our charges are within your specified limits. Our freight charges schedule is available and is incorporated into this Agreement by reference. We may change our freight charges schedule for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our freight charges schedule for promotional events (for example, discounted freight charges) and such changes are effective when we post the temporary promotional event on the Site. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
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5.Your Information |
Definition. "Your Information" is defined as any information you provide to us in the registration. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. comGateway will only use Your Information in accordance with our Privacy Policy
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6.Breach |
Without limiting other remedies, we may limit your access to comGateway, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your account may have been compromised.
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7.Privacy |
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in Singapore that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
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8.No Warranty |
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND THE ISSUING BANK PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PERFORMANCE OF ANY MERCHANTS LISTED IN THE SHOPPING GUIDE.
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9.Liability Limit |
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR THE ISSUING BANK BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND THE ISSUING BANK, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF TRANSACTION AND THE ASSOCIATED FREIGHT CHARGES YOU HAVE INCURRED, AND (B) $100.
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10.Indemnity |
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
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11.Legal Compliance |
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase of items.
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12.Notices |
Except as explicitly stated otherwise, any notices shall be given by postal mail to comGateway Attn: Legal Dept. comGateway (S) Pte Ltd, 5 Shenton Way, UIC Building #05-01 Singapore 068808. (in the case of comGateway) or to the email address you provide to comGateway during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to comGateway during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
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13. Resolution of Disputes |
In the event a dispute arises between you and comGateway, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and comGateway agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre (SIAC?) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall comprise one (1) arbitrator to be appointed by the Chairman of the SIAC. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
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14. General |
This Agreement shall be governed in all respects by the laws of Singapore. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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