TERMS AND CONDITIONS ACCEPTANCE
These Website User Terms and Conditions (hereinafter referred to as "Terms”) govern the terms and conditions to use the Services (hereinafter referred to as "Services") on this website provided by Yanmar Asia (Singapore) Corporation Pte Ltd. (hereinafter referred to as "YASC"). Registered Users (hereinafter referred to as "User") will use the Services in accordance with these Terms. Before using the Services, please read these Terms and agree with all the following terms and conditions if you want to use the Services. If you do not agree, please refrain from using the Services.
We will endeavor to provide you with notice about major changes to the Terms or Project Hub and other changes (via email to the address on your account), but we make no guarantees. Other changes could be, without limitation, changes to payment policies, security patches, added or removed functionality, and other enhancements or restrictions to Project Hub. Your use of Project Hub after the Terms have changed constitutes your acceptance of the Terms as changed. You may reject changes to the Terms by terminating your subscription in accordance with the "Cancellation and Termination" section of these Terms of Service. Xmartlabs shall not be liable to you or to any third party for any change to Project Hub.
Please use Project Hub responsibly and in compliance with these Terms. If you don't, we reserve the right to terminate your subscription in accordance with the "Cancellation and Termination" section of these Terms of Service.
Article 1 SCOPE
1. These Terms shall apply to any relationship relating to the use of the Services between User and YASC.
2. In addition to these Terms, YASC shall provide various provisions concerning the Services (hereinafter referred to as "Individual Provisions"), including rules for use. These Individual Provisions shall constitute part of these Terms, regardless of their name.
Article 2 REGISTRATION OF USE
1. In the Services, the registration shall be completed by the person who wishes to register, upon acceptance of these Terms, and by applying for the registration as provided by YASC, and by the approval of the registration by YASC.
2. YASC may not approve the application for registration if the applicant for registration has any of the following reasons and shall not be obligated to disclose the reason. 1) A false matter is reported in the application for registration of use 2) Applications from persons who have violated these Terms 3) In other cases, if YASC determines that registration for use is not substantial
Article 3 MANAGING USER ID AND PASSWORD
1. User shall manage your User ID and password for the Services at your own risk.
2. In all cases, User shall not transfer, lend or share your User ID and password with any third party. If the combination of User ID and password matches the registration information and is logged in, YASC considers that User ID to be used by the registered User.
3. YASC shall not be liable for any damage caused using the User ID and password by any third party, except in the event of intentional or serious negligence of YASC.
Article 4 PROHIBITION
In using the Services, User shall not engage in any of the following acts:
1) Violate law or public order and morals
2) Criminal activity
3) Infringe on the copyrights, trademarks and intellectual property rights contained in the Services, including the contents of the Services
4) Destroy or interfere with the functions of YASC, other User, or other third-party servers or networks
5) Utilizing information obtained from the Services for commercial purpose
6) Interfere with the operation of YASC's Services
7) Unauthorized access or attempts to do so
8) Collection or accumulation of personal information about another User
9) Use of the Services for an improper purpose
10) Inflict harm, damage, or discomfort to other User or other third parties of the Services
11) Impersonate another User
12) Advertising, solicitation, or conduct business on the Services not licensed by YASC
13) Aim at meeting an unknown person
14) Providing direct or indirect interest to anti-social forces in connection with the Services
15) Other actions deemed inappropriate by YASC
Article 5. SUSPENSION OF PROVISION OF THE SERVICE
1. YASC may discontinue or suspend the provision of the Services in whole or in part without prior notice to the User if it determines that any of the following events exists:
1) Computer system is not being able to be upgraded for the Services to continue
2) The provision of this Services is difficult due to the force majeure of earthquakes, lightning strikes, fires, power outages or natural disasters
3) The computer or communication line is stopped due to an accident, technical problem or maintenance work
4) In other cases, if YASC determines that it is difficult to provide the Services
2. YASC shall not be liable for any lost or damage suffered by User or any third party due to the discontinue or suspension of the provision of the Services.
Article 6. RESTRICTIONS ON USE AND UNREGISTER
1. YASC may limit the use of the Services in whole or in part or terminate user registration as a User without prior notice, if any of the following occurs.
1) Breach of any of the terms and conditions stated herein
2) If the registration is found to be false
3) In the event of a default in payment obligations such as fees
4) If there is no response to the communication from YASC for a period of more than six (6) months
5) If the Services has not been used for a period of more than six (6) months since its last use
6) If YASC determines that the use of the Services is not appropriate
2. YASC shall not be liable for any damages incurred by User as a result of the actions performed by YASC pursuant to this section.
Article 7. WITHDRAW
User shall be permitted to withdraw from the Services with YASC’s approval under the procedures prescribed by YASC.
Article 8 DISCLAIMER OF WARRANTIES AND DISCLAIMERS
1. The Services may be subjected to actual or legal defects (including, but not limited to, safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security or other defects, errors, bugs, or infringement of rights) and is not explicitly or implicitly guaranteed.
2. Except in case of willful misconduct or gross negligence, YASC shall not be liable for any damages arising out of the Services to User.
3. Even in the case set forth in the preceding paragraph, YASC shall not be liable for any damages or any among the damages arising out of any special circumstances (including cases where YASC or User has foreseen or could foresee the occurrence of damages) to User due to default or tort by YASC’s negligence. In addition, compensation for damages incurred by User due to YASC’s fault or due to YASC’s default or illegal activities shall be limited to the amount of usage fees received from User in the month in which such damages occurred from the User.
4. YASC shall not be liable for any transactions, correspondence or disputes arising between User and other User or third parties with respect to the Services.
Article 9 CHANGES IN SERVICE
YASC may modify the contents of the Services or discontinue the provision of the Services without notifying to the User and shall not be liable for any damages caused to the User.
Article 10 CHANGE OF TERMS OF SERVICE
YASC may change these Terms at any time without notice to User if YASC deems it necessary. In addition, if the use of these Services are started after these Terms are changed, User shall be deemed to have accepted the revised Terms.
Article 11 HANDLING OF PERSONAL INFORMATION
The personal information provided by User to YASC (hereinafter referred to as “Personal Information”) regarding the use of this website will be used within the scope of the following purpose;
1) to provide User with the Services;
2) to contact User regarding the products, services and business of YASC;
3) to administer YASC's website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
In addition, from the viewpoint of respect for privacy, YASC shall take appropriate measures to protect Personal Information, and when collecting Personal Information of User, YASC strictly controls it and will not provide or disclose Personal Information to third parties except when YASC obtains the consent of the User.
However, YASC may disclose Personal Information without User consent;
1) if YASC is required to do so by law or by a court, police or other public agency, or
2) if YASC needs to disclose Personal Information to its group companies, contractors or dealers for the purpose permitted herein.
In the event that User makes a request to YASC with respect to access to, correction, deletion, or any objection to the processing of, Personal Information, YASC shall take appropriate actions in accordance with the applicable regulations of personal information.
The Writings, proposals and information provided without Personal Information will be treated as non-confidential general information.
Article 12 NOTIFICATION OR COMMUNICATION
Notification or communication between User and YASC shall be made by the method specified by YASC. Unless a change is reported from User in accordance with the method specified separately by YASC, YASC will deem that the currently registered contact is considered valid and will notify or contact the registered contact, and they are considered to have reached the User when a notification is sent.
Article 13 PROHIBITION OF TRANSFER OF RIGHTS AND OBLIGATIONS
User may not transfer his / her status or rights, or obligations based on these Terms to a third party or provide it as collateral without YASC prior written consent.
Article 14 GOVERNING LAW AND JURISDICTION
1. In interpreting these Terms, the laws of SINGAPORE shall be the governing law.
2. In the event that any dispute arises with respect to the Services, the court having jurisdiction over the location of YASC’s office shall have an exclusive jurisdiction.