PowerLinks Terms Of Use

Version: 1st August 2018

We, Global Business News Corporation (“GBNC”, “our Company”, “we”, “our”, or “us”) thank you for visiting our website powerlinks.news (“our Site”). Your terms of use of our Site, information thereon, our associated mobile application (“App”), our services and products, which includes but is not limited to your subscription to our news, analysis, reports, press releases, insights, whether accessed via our Site, emailed, messaged or otherwise made available to you, our features for or availability of online subscription, registration of account, registration of interest for any of our services or events, our messaging services, update functions, and/or any other services and products provided by our Company whether by itself or in conjunction with other third parties, usage of any of our online services, registering an account online, and/or purchase of any other services or products as made available by us (individually and collectively, our “Services”), shall be governed by the terms and conditions as set out herein this Website Terms of Use (“Terms of Use”), our Privacy Policy, and any other specific terms that may be applicable to your usage of our any of our services (online or offline), products or specific aspects of our Site and/or particular activity transacted on or via our Site or our App (our Terms of Use, Privacy Policy and any other aforesaid applicable specific terms shall individually and collectively be hereinafter referred to as our “Service T&Cs”). Accordingly, your use of our Site constitutes your full agreement to our Service T&Cs, which shall form a legally binding and enforceable contract between you and our Company (“Agreement”). If you do not accept any provision in our Service T&Cs, please immediately cease all usage of our Site, our services and products, and notify us to discontinue any Updates (as defined below), failing which you shall be deemed to be bound by all the provisions contained herein this our Terms of Use (set out as follows) as well as all provisions of our Service T&Cs:-

1. Legal Capacity & Access

1.1 By accessing our Site, continuing to access our Site, downloading our App, using our App, utilizing any of our services, receiving any of our news updates, news summaries, press release updates, reports, analysis, newsletters, EDMs, marketing materials, promotional updates, support patches, messages (via any channels), or other emails (collectively, “Updates”), subscribing to any of our services, enrolment, programme for scheduled delivery of Updates, purchasing any of our products, or participation in any of our exhibitions, webinars, promotions, or other activities, you represent that you are above 18 years of age, and legally capable of entering into and being bound by contracts, including but not limited to the Agreement.

1.2 In the event that you are accessing our Site on behalf of any incorporation, partnership, association, organization or any other entity type (“Entity”), your continued access of our Site shall constitute your representation to us that you have been duly authorized by such Entity to use our Site and our Services, perform any transactions or activities thereon, and to therefore bind your Entity to the Agreement and to any such transactions or activities that you have performed. Accordingly, when the term “you” is used herein this our Terms of Use, “you” shall refer not only to you the actual user as an individual, but also the Entity that you are representing, and therefore both you and the Entity are jointly and severally bound under the Agreement. Accordingly, you also hereby undertake that the Entity which you represent is capable of and agreeable to being bound by the Agreement, and that any communications which you send to us shall also bind the Entity that you represent (including but not limited to communications regarding subscriptions, registrations or enrolments for your Entity).

1.3 Should you upload, post, publish, or transmit any information on or via our Site or our App, or you communicate with any other users of our Site or App, you agree to be fully responsible for all such posts and communications. Accordingly, you undertake to only use the Site and App in a legal and considerate manner, not to misuse or abuse the Site or App or their respective other users, including but not limited to not causing any defamation, harassment, sedition, collecting data of other users for your own purposes, and introducing virus, trojans or hacks. In the event that you misuse or abuse the Site and/or App, we shall be fully entitled to suspend or ban your access to our Site and/or App, and/or remove your information (if any) from our Site, your registered account with us and/or App without any prior notice or liability to you. Nonetheless, you agree that we shall not be howsoever liable for any posts or communications by third parties that offend you, although we will sincerely look into any complaints in relation to such posts or communications that you communicate to us of in writing.

2. Updates & Modifications

2.1 You agree that it is your responsibility to regularly check our Terms of Use and our other Service T&Cs available at powerlinks.news to keep yourself updated of any changes or modifications.

2.2 You agree that our Terms of Use (and other Service T&Cs) may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued access to our Site, use of our App, your continued participation in our scheduled Updates’ delivery programme, subscriptions, and/or your continued use of any of our other services (online or offline) and products, following any such changes constitutes your agreement to be fully bound by our amended Terms of Use (and other Service T&Cs) which is accessible at all times, and should be reviewed by you regularly, at powerlinks.news. The date that appears at the start of each relevant terms and conditions constitutes the latest version of such terms and conditions that is in force and binding on you as part of the Agreement.

2.3 You agree that we are entitled to howsoever modify, vary, expand, suspend, terminate, cancel or discontinue any subscriptions, programmes, services, scheduled Updates messaging/emailing service, seminars, services or products or accessibility to any feature or part of our Site or App at any time in our sole discretion without any prior notice or liability to you, even if you are registered with us for any services, have an account registration or subscription (paid or otherwise).

3. Our Site Content

3.1 No information, news, press releases, articles, write-ups, summaries, reports, analysis, photographs, pictures, graphs, charts, articles, event information, testimonials, advertisements, media files and other content on our Site, on our App, or otherwise sent to you (collectively, “Site Content”), or any Updates which you may have viewed, subscribed to or downloaded via our Site or App or in any other channel or media, constitutes advice of any kind, including but not limited to trading advice, investment advice, acquisition advice, environmental health advice, bio-hazard management advice, financial advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law. “Site Content” and “Updates” collectively shall be referred to as “Content”.

3.2 The Content is meant to provide information regarding news that we feel may be of interest to you, happenings in various countries and companies, opinions of experts and analysts (not associated with or endorsed by our Company), our Company, our activities, our services, and our products. The aforesaid information constitutes general knowledge only, and are not meant for specific reliance for any particular or out-of-the-ordinary purpose by any Entity or individual, and therefore in the event that you wish to obtain more information, please contact us. You are therefore strongly advised to procure your own checks and advice before you decide to act on any information you procure from our Site, App, Content or other services, subscribe to any of our services, register an account with us, engage us for any of our services or enroll for any Updates, exhibitions or other activities as we do not provide any guarantees of any kind, including but not limited to achievement of revenue or profits.

3.3 Our Content may contain information on third party activities, products and services (whether or not in collaboration with or provided by our Company). However, this does not imply any association with or endorsement of such third parties. The content of such third party activities, services and products as stated on our Site and in our Updates are based on information made publicly available or by such third parties to us, and we therefore make no representations or warranties on the accuracy, usefulness, quality, or updatedness of such third-party activities and service/product related information. You are encouraged to conduct your own checks on any such third party activities/events, products or services that you see on our Site and/or our Updates prior to taking actions based on such third party events, subscribing to, registering an account for, enrolling, or purchasing any such third party products/services, whether from third party sites or via our Site or App.

3.4 Reviews of our services, products, Content, App, exhibitions, seminars, our Site, and other matters related to our Company provided by individuals or third party companies as reflected in Content are the personal views of such individuals or third party companies, and does not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the quality, accuracy or efficacy of the reviewed products, services or other subject-matter.

3.5 We may make available limited trial subscriptions or other services via our Site, our App, and/or our Updates. You agree that when you contact us for any such free trial subscriptions or other services, it is not guaranteed that such free trial subscriptions or services or certain promotions thereto will definitely be made available to you, or the trial period may be different from what may have been published on our Site, our Updates or on other third party channels.

3.6 Promotions, discounts, free enrollments and free registrations as featured on our Site, our App and/or our Updates are for limited time-periods only and subject to specific terms and conditions indicated as may be applicable in order to enjoy such promotions and/or discounts. Once a promotional period expires, you are no longer eligible to participate in such promotions and our Company is not howsoever obligated to provide any such previously offered privileges or discounts to you even if you have contacted our Company with queries during the promotional period. You agree that for all free registrations, enrollments, subscriptions and other services, our Company is entitled at any time in its discretion to impose a fee, however, our Company will notify you beforehand to allow you to opt-out or terminate your registration, enrollment, subscription or participation in other free services in the event that you are not agreeable to such fees.

4. Intellectual Property

4.1 All Content, including but not limited to, news, press releases, write-ups, summaries, extracts, derivations, articles, translations, reports, analysis, quotations, diagrams, graphs, charts, layout, photographs, drawings, advertisements, media files, and other data, as displayed on our Site, our App, in Content and in our Updates, are protected by copyright, design rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), whether registered or otherwise. You agree therefore that without our Company’s prior written consent (or as may be specifically stated on our Site in relation to any particular portion of our Content), you are not permitted to reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of our Content found on our Site, our App or in our Updates. Accordingly, you are also prohibited from framing or displaying any part of our Site in frames or other similar means on another website without our prior written consent. We reserve our rights to take legal action against you for any such unauthorised use of Content.

4.2 For clarification, and without prejudice to Clause 4.1 above, all Content are strictly protected by copyright laws. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of Content except to view (on your computer, mobile phone, tablet and other personal devices or Entity’s devices that are under and securely in your control) as may be permitted herein and/or by the provisions in other Service T&Cs. In the event that any Service T&Cs permit you to download, store, retain or copy any part of Content or any mobile application or other software or feature (individually and collective “Downloads”) available on our Site or our App, you agree that such consent shall not constitute the transfer or assignment of any rights or ownership in such Downloads to you, and you are merely granted a non-exclusive, non-sublicensable, non-transferable and revocable (at any time by our Company in its sole discretion) licence to use the Downloads pursuant to the purpose for which our Company granted its consent.

4.3 All company names and individual names (including our Company’s name, our employees’ names, authors’ names, and the company names of the any third parties featured on our Site or App), logos, trade marks, service marks, brands, whether registered or otherwise (collectively the “Branding”) represented on our Site, our App and/or in our Updates belong to (as may be applicable) our Company, our employees, contractors, agents, licensees, licensors, or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site, our App, in Content and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.

4.4 In the event that you breach any of the provisions as set out hereunder this Section 4, without prejudice to any other rights and remedies that our Company may have against you at law, in contract, tort or equity, you agree that your Company shall have the right to seek an exparte injunction or other equitable remedies against you without the need to provide any security or proof of actual damage.

5. Third Party Sites and Browsing Experience

5.1 Please note that we do not control any links, services, content, products or resources provided by other third parties referenced or linked to our Site, our App, or in our Updates, even if such third party’s website may be co-branded with ours by bearing our Company logo or name. We seek your further understanding that we are unable to control or influence any third parties’ actions even if their websites are hyperlinked on our Site, our App or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly.

5.2 You agree that our Company may employ cookies, action tags, dynamic device identifiers, or other legal technological means to record your anonymised accessing of our Site for the purpose of providing better services and enhancing your browsing experience. Further details of such technological means are as set out in our Privacy Policy.

6. Minors

6.1 Our services and products are targeted for adults and business entities. Our Site, our Services, Content, our App and our Updates are therefore not meant for persons who below 18 years of age. However, it is not possible for our Company to determine whether any user of our Site, our App or Content or Services is a minor. If you are a minor, please discontinue the use of our Site, our App and all Services immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site, our App, Content or Services.

7. Feedback

7.1 In the event that you provide us with any feedback and comments, whether via email to our Company or any postings, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you (“Feedback”) shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback in whole or in part via any channels or media in any format, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign (without the requirement for any remuneration) all ownership (including but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.

7.2 Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, our App, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees on a solicitor-client basis, settlement amounts, fines, penalties, and law enforcement actions. Accordingly, and without prejudice to the aforegoing, you also hereby undertake to fully indemnify, defend and hold harmless our Company, our employees, agents, officers, licensees, licensors, shareholders, and directors from claims, demands, direct damages, indirect damages, consequential damages, loss of opportunities, loss of reputation, legal costs (on a client-solicitor basis) and other losses of any kind that may arise in relation to any dispute that you may howsoever have with another user of our Site.

8. Disclaimers and Limitation of Liability

8.1 While we have exercised due care in the preparation of all Content displayed and/or made available on our Site, our App, and in our Updates, such content, data, information, Content and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”. Information pertaining to third parties, third party events, third party activities or third party services/product providers are provided by (as may be applicable) third parties themselves or other sources reporting on such third parties.

8.2 Your use of and access to, our site, our app, content, our services, our scheduled updates’ delivery programme, subscriptions, enrolments, account registrations, our activities, our events, our products, and our updates, as well as your viewing and/or downloading of content, is at your own discretion and risk. Our company makes no claims, representations, warranties (express or implied) or promises about the quality, accuracy, updateness, non-omissions, continued accessibility, clarity, resolution, non-interruptedness, speed, fitness for a particular purpose (even if we have been informed in advance of such purpose), suitability, method of instruction, reliability, usability/suitability for making investment decisions, usablility for the bidding of contracts, data corruption, the acts or omissions of other users of our site or our employees, reliability and continued availability of our content and our site, our services, our app, content or our updates, including but not limited to their safety or security, freedom from computer viruses, worms, trojan horses, and fullproof security against third party hackers.

8.3 In addition, our company makes no claims, representations, warranties (express or implied) or promises about the correctness of content, updatedness of content, reliability of content, non-interruptedness in our delivery of updates, reliability or quality of our app, the quality of our services, that any errors in any part of content will be corrected, merchantablity, quality, timeliness of delivery, fitness for a particular purpose (even if we have been informed in advance of such purpose), suitability for specific viewing requirements, suitability for investment or other different requirements, the acts or omissions of other users of our site and our employees, non-infringement or reliability of any write-ups, products or services displayed on our site and/or in our updates. You, at your own volition and discretion, use our site services, access content, enter into engagements for our services, sign-ups, enrolments, subscription for updates, account registrations, participate in programmes or other activities, make purchases and/or enter into other transactions via our site after having done your own checks and with due consideration, and therefore all engagements, sign-ups, subscriptions, enrolments, participations, purchases and/or other transactions are at your sole risk and voluntary assumption of liability.

8.4 in no circumstances, to the fullest extent permitted at law, shall our company nor any of its shareholders, directors, officers, agents, representatives, licensees, licensors, contractors or employees be liable for any damages, loss, loss of customers, damaged personal property, accidents, medical costs, injuries, medical conditions, lost profits, lost business, lost opportunities, lost data, cost of servicing or repair of tablet, smart phones, mobile phones, computer or other equipment, special damages, indirect or consequential loss or damages, howsoever arising or suffered as a result of any use of (or inability to use) or access (or inability to access) our site or our updates or content or app or activities or our services or our products, or our company’s breach of any provision herein this terms of use or other service t&cs, any acts or omissions of our employees, or misrepresentation or negligence or fraud by any personnel or subcontractors, whether due to viruses or third party hackers or embedded malware, or any reliance on or use of the information, content, third party links, the analysis, reports, events, services or products introduced or described herein our site, or app, or our updates even if our company has been advised of such use or reliance in advance.

8.5 Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of accessing or howsoever using (including but not limited to storing of information on) our Site, our App, our online services, Content or our Updates, or due to your engaging any of our services, sign-up, subscription, account registrations, and/or participating in our exhibitions or other activities, including but not limited to any personal injuries, lost or damaged property, virus, trojan horse, malware or worm attacks on your tablet, smart phone, or computer.

8.6 In the event that our Company’s liability to you in relation to our Site, our App, our online services, Content, our Updates, our scheduled Updates’ delivery programme, exhibitions, our other activities, products and/or services featured on our Site, our App and/or Updates, cannot be fully disclaimed or excluded, you agree that our Company’s total liability to you shall not exceed S$50, which you agree is a reasonable compensation amount taking into consideration the limited nature of our Site, or App, and our Company’s services. Accordingly, you agree that upon receipt of S$50 from the Company, you will waive all rights against the Company and will make no further claims whatsoever against the Company.

9. Non-Interference

9.1 You undertake that you shall not howsoever mine data from, interfere or attempt to interfere with any part of our Site, disrupt accessibility to our Site (or any part thereof), or bypass any security measures that we may include with our Site, including but not limited to the utilization of any screen-scraper, hacks, spider, robot, virus, worms or other means to access or attack our Site for any purpose without our prior written consent.

10. Indemnification

10.1 You agree to fully indemnify, defend and hold our Company and its shareholders, directors, officers, employees, representatives, agents, subcontractors, licensees and licensors harmless from and against any and all claims (including but not limited to third party claims for intellectual property infringement due to your breach of any provision under Section 4 above), damages, costs and expenses, including but not limited legal fees and settlement payments on a full indemnity (solicitor-client) basis arising from or related to your breach of any of the provisions herein this Terms of Use, other Service T&Cs, the Agreement, your use of our Site, our online services, our App, Content, Updates, our scheduled Updates’ delivery programme, and/or participating in any of our exhibitions or other activities.

10.2 For the avoidance of doubt, regardless of the indemnification received by the Company from you, the Company shall have full authority and charge over its own defence, legal actions, and settlement proceedings in relation to any third party claims without any reference to you.

11. Governing Law and Jurisdiction

11.1 Our Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of the British Virgin Islands, without reference to any conflict-of-law principles.

11.2 In the event of any disputes arising from this Terms of Use or any of the other Service T&Cs, your agreement thereto, your use of our Site, our App, our online services Content, our products, our services and/or activities, you must first contact our Company’s officer via our contact page regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the exclusive jurisdiction of the British Virgin Islands.

12. Miscellaneous

12.1 If any provision or clause of our Terms of Use, any of our Service T&Cs, or part thereof respectively, is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall be modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of our Terms of Use and our other Service T&Cs.

12.2 The failure or delay of our Company at any time to enforce any of its rights hereunder our Terms of Use and other Service T&Cs shall not be constituted as a waiver thereof and shall in no manner affect our Company’s rights at a later time to enforce the same.

12.3 You agree that you shall not hold our Company for any delay or failure in performance (including but not limited to non-accessibility to our Site) due to events beyond our Company’s reasonable control, including but not limited to natural catastrophes, civil riots, acts of war, shortage of utilities, and any applicable laws and regulations.

12.4 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.