| 1. Acknowledgement and Acceptance of Terms and Conditions |
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The following terms and conditions comprise the entire agreement between the user who is registering, subscribing or using the QuestNet services and Experian Credit Services Singapore Pte Ltd (Experian), and supersedes all prior agreements between both parties regarding the subject matter contained herein.
These terms and conditions shall govern the services to be provided by Experian and the payment and use of such services by the User.
By using the services offered on QuestNet, the User is deemed to be bound by all of the terms and conditions as follows:-
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| 2. Definition of Terms |
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- "Agreement"
Completed registration or subscription form read with the terms and conditions herein.
- "Experian"
Experian Credit Services Singapore Pte Ltd
- "QuestNet”
The Internet web site of Experian at http://www.QuestNet.com.sg
- "Services"
Services to be provided by Experian to the User at QuestNet, including any system, software or data (whether electronically transferred or in printed form).
- "User"
An individual subscriber for the Services, whose particulars are stated in the registration or subscription form.
- "Commencement Date"
The date specified by Experian in writing in its notice to the User through email, indicating the acceptance of the registration or subscription by the User for the Services.
- "Access"
The entitlement of the User to access QuestNet.
- "Information"
Information made available to the User through QuestNet.
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| 3. Access |
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- Experian grants the User a non-transferable, non-exclusive license to access QuestNet and the Information included therein during its normal hours of operation solely for the purpose of performing research and related work in the regular course of the User's business. Except otherwise stated, such license includes the right to transfer insubstantial portions of Information in machine-readable form to a storage device under the User's exclusive control. The User shall not store or use the Information in a searchable database.
- Experian reserves the right at any time and without prior notice to the User to change QuestNet’s hours of operation or to limit the User's access to QuestNet in order to perform repairs, make modifications or as a result of circumstances beyond Experian's reasonable control. Experian may add or withdraw products or services to or from QuestNet from time to time or change prices for transactions and will notify the User of such changes.
- Experian does not warrant that the Services will be uninterrupted, error free or virus free. Under no circumstances shall Experian be liable for any direct, indirect, incidental, special or consequential damages that result in any way from the use of or inability to use the Services. Experian will also not be liable for any reliance on or use of Information through the Services, mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or any failure of performance.
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| 4. User's Obligations |
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The User shall, where applicable :
- Be responsible for the set-up or configuration of his equipment for access to QuestNet.com;
- Comply with all notices or instructions given by Experian from time to time in respect of the use of QuestNet;
- Comply with the rules of any network or Internet Service Provider through which the User accesses QuestNet;
- Be solely responsible for all Information retrieved, stored and transmitted through QuestNet by the User;
- Be solely responsible for the maintenance and confidentiality of the login name and password, and all activities
and transmission performed using his login name;
- Notify immediately Experian of any unauthorized use of his login name or any other breach of security known to the User.
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| 5. Prohibited Use |
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The User shall :
- Restrict or inhibit any other users from using QuestNet;
- Post or transmit any information or data which is unlawful, offensive on moral, religious, racial or political grounds, threatening, abusive, defamatory, indecent, obscene, pornographic or any objectionable information of any kind;
- Introduce, post or transmit any information or software which contains virus or other harmful components onto Experian's network system;
- Upload, post, publish, reproduce or distribute any information through QuestNet, which is protected by copyright or proprietary rights, without obtaining the necessary permission;
- Use QuestNet for any unlawful purpose including but not limited to criminal purposes;
- Violate or attempt to violate the security of QuestNet and/or web sites linked to QuestNet. This includes but not limited to accessing data and information not intended for them or logging onto a server or account, which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization;
- Do anything or cause anything to be done which may be in breach of the Internet Code of Practice, any regulations, guidelines or instructions in whatsoever form that the Singapore Broadcasting Authority may issue from time to time relating to the Services or otherwise;
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| 6. Payment Terms |
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- The User shall pay all subscription fees and/or usage charges of QuestNet, according to the stated price list and subscription plans. For online payment, all rates and charges will be immediately charged to the credit card authorized by the User. Experian reserves the right to change the rates and charges upon thirty (30) days prior notice to the User.
- Liability for the subscription fees shall accrue from the Subscription date.
- In the event that the User notifies Experian to terminate his subscription, for whatever
reason, there will be no refund of his subscription fees.
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| 7. Maintenance of Services |
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Experian may from time to time deactivate or suspend the User's access to QuestNet and/or the Services without notice in order to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, Experian shall not be liable for any loss and damage, costs and expense that the User may suffer or incur, and no fees or charges, payable by the User to Experian shall be deducted, refunded or rebated, as a result of such deactivation or suspension.
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| 8. Termination and Modifications |
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- The terms of this Agreement will extend from the Commencement Date and shall continue unless terminated by either party upon fourteen (14) days' notice.
- Notwithstanding clause 8(a), Experian may terminate this Agreement with immediate effect if :
- In the opinion of Experian, the User has breached any of the terms and conditions of this Agreement
(including but not limited to clauses 4 and 5);
- The User has provided any false or incomplete information to Experian;
- In the opinion of Experian or any regulatory authority, it is not in the public interest to continue
providing the Services to the User for any reason;
- Experian reserves the right, at any time and without assigning any reason, to terminate its Services
upon fourteen (14) days prior notice to the User who has subscribed or with immediate effect to the User who has registered.
- Experian reserves the right to modify the terms of this Agreement at its sole discretion upon fourteen (14)
days' prior notice. For the avoidance of doubt, the User's continued use of the Services following the modifications
constitutes an acknowledgement and acceptance of the amended terms and conditions and also constitute an agreement by the User to
abide and continue to be bounded by the amended terms and conditions.
- Subscription units are valid for one(1) year from the date of subscription, and will thereafter be regarded as expired. No
refund will be made on such expired units after this date.
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| 9. Login name and password (where applicable) |
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- The User's personnel shall access QuestNet using a login name and password selected by the
User. The User shall notify Experian when any login name needs to be cancelled for any reason. The
User must be responsible for the confidentiality of his personal password.
- In the event of theft or loss of login name or password, the User must notify Experian
immediately and provide Experian with a written notice to that effect. The User shall remain
liable for use of the Services by any third party until such theft or loss is notified to Experian.
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| 10. Unauthorized Use (where applicable) |
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The User is responsible and will be billed for all use of the Services made using his login name. If the User learns or suspects that unauthorized use of his login name is taking place, the User shall notify Experian immediately and, in such event, Experian will promptly replace the User's password or terminate the login name.
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| 11. Additional Products and Services |
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- Experian will from time to time implement new products and services on QuestNet. The User acknowledges that
he may be required, as a condition precedent to the use of additional products and services, to enter into additional
agreements with Experian or third parties with respect to these products and services.
- Any special requests requested by the User, which is not included in the Services, shall be accepted or
rejected by Experian at its discretion. If Experian accepts such special requests, Experian may quote special charges for the User's prior approval.
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| 12. Ownership |
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- All information furnished by Experian is supplied with strict confidence for the exclusive use of the User. The User
shall not, without the written consent of Experian, divulge the Information to any third party, post, publish, reproduce,
distribute or in any way exploit any information obtained through the Services for commercial purposes.
- The User acknowledges that it obtains only rights under this Agreement as a licensee and acquires no ownership
rights, interest, copyrights to QuestNet, its contents, programming or additional products and services.
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| 13. Liabilities |
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- In no event shall Experian be liable for any special, incidental, exemplary or consequential damages including, but not
limited to, lost profits, downtime costs, labor cost, overhead costs, damages or claims of customers of the User for such costs.
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| 14. Use of Data |
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The User hereby agrees and irrevocably authorizes Experian to :
- Use any data and information supplied by the User in connection with this Agreement for Experian's own internal and marketing
purposes, supply such data and information to any third parties to use for such purposes, and to supply such data and information
to such third parties for the operation of QuestNet.
- Allow all data and information supplied by the User in using the Services to remain in QuestNet for the use of Experian,
notwithstanding the termination or suspension of the Services to the User. Unless the User informs Experian to delete all such
data and information following the termination or suspension, such data and information shall remain in Experian's property, records and databases.
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| 15. Indemnity |
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The User will indemnify and keep Experian indemnified against all losses (direct or indirect), claims, demands, damages, expenses
(including attorney's fees) or liabilities whatsoever including but not limited to defamation, infringement of intellectual property rights, death,
bodily injury, property damage or pecuniary losses howsoever arising out of or in connection with the User's access to QuestNet, and any information
or services provided by Experian.
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| 16. General |
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- This Agreement shall be governed by all applicable laws of the Republic of Singapore relating to the Services, including but not limited
to, the Broadcasting and Television Act, Common Gaming House Act, Computer Misuse Act, Copyright Act, Electronic Transactions Act, Films Act, Indecent
Advertisements Act, Maintenance of Religious Harmony Act, Telecommunication Authority of Singapore Act, including any regulation made pursuant thereto
and any items and conditions of any license granted to Experian by the local Internet Service Provider. Experian hereby submits to the exclusive jurisdiction
of the Singapore courts.
- Failure by either party to enforce its rights under any one or more clauses of the terms and conditions of this Agreement does not mean a
waiver or relinquishment of such rights for any breach of such terms and conditions in future.
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| 17. Disclaimer |
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- Experian makes no warranty on the performance of the network or the accuracy of any indexing, data entry or any information included in QuestNet.
- Experian is not authorized to make any representations or warranties or endorsements whatsoever with regard to the Services to be provided to the User.
- The User acknowledges that Experian does not warrant or guarantee the timeliness, currency, accuracy, completeness or fitness for a
particular purpose of the Information or Services provided.
- The User has the responsibility of evaluating the accuracy, completeness and usefulness of all opinions, Information and the quality of the Services
provided through QuestNet.
- The User acknowledges that every business decision involves the assumption of a risk and that Experian, in furnishing the Information to the User, does
or will underwrite that risk in any manner whatsoever. The User therefore agrees that Experian will not be liable for any loss, damage or injury caused in whole
or in part by Experian's negligence in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the Information.
- Whilst every care is taken by Experian in the provision of the Services, Experian shall not be liable for any loss of information caused whether as a result
of any interruption, suspension or termination of the Services.
- Experian's liability under this Agreement shall not in any event exceed the amount of subscription fees paid by the User to Experian.
- Experian does not warrant that any other web sites linked to Questnet will be free of any operational errors nor that it will be free of virus or other
harmful component. Experian is not liable for any information provided by other websites linked to QuestNet and vice versa.
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