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Terms & Conditions

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Terms & Conditions

xhebit, an initiative by EARTHYS Pte. Ltd., Singapore Company Registration No. 201537549M ("EARTHYS", "we", "our", "us"), makes available to you the information on this website (the "Website") in accordance with the following Terms and Conditions of Use, and any other rules posted on the Website (collectively, the "Terms").

 

By using the Website you are agreeing to these Terms. We may modify these Terms from time to time. Please read these Terms, and check back often. If you do not agree to these Terms or changes thereto then you must immediately stop using the Website.

Use of Website

  1. The User will not use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

  2. The User will not engage in mass automated, systematic or any form of extraction of the content on our Website, or use it to create or include it within another electronic database or public portal or try to re-sell it or re-distribute it. We also reserve the right to prohibit or restrict the way in which other websites link to or frame or represent any of our Website content.

  3. Users acknowledge and agree that we own, or have the licence to use the content on the Website and any and all intellectual property rights used or embodied in or in connection with the Website. The content shall not be reproduced, republished, transmitted or distributed in any way, without prior written permission from us.

  4. The User, by submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Website, you hereby grant us a perpetual, worldwide, non-exclusive, sub-licensable, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute and promote such content in any form, in all media now known or hereinafter created and for any purpose. You represent and warrant that you have sufficient rights to grant us this license. We also reserve the right to remove any content submitted by you from our Website at our sole and absolute discretion.

User Account, Password And Security

  1. The User is entirely responsible for maintaining the confidentiality of the User password and account and for all activities that occur under the User account. The User agrees to notify US immediately of any unauthorized use of the User account or any other breach of security.

  2. We will not be liable for any losses, claims, damages, costs, expenses and fees that the User may incur as a result of a third party using the User account or password. The User may not use anyone else’s account at any time, without the permission of the account holder. EARTHYS reserves the right to refuse this Service to any User at its own sole discretion.

  3. Users will not create a false identity for the purpose of misleading others.

  4. The User shall be bound by and responsible for, and EARTHYS shall be entitled to rely on, all communications transmitted through the use of your User Name and Password, and all such communications shall be deemed to be communications made and issued by you.

  5. The User shall be responsible for all User Content, messages, and all online activity at the Website transmitted or conducted through the use of your User Name and Password.

  6. The User agrees that WE reserve the right to change or re-assign User Names and/or Password(s) at our sole discretion by giving you notice. EARTHYS shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.

Directory Listing Information

  1. The User agrees to provide EARTHYS with accurate, complete, and up-to-date Account information and further ensure that the information is kept updated and remains current, accurate and complete. Failure to do so shall constitute a breach of these Terms, which may result in the restriction, suspension or immediate termination of your Account.

  2. The User warrants that the User owns or has a legal license to use all photos, images, graphics, designs, logos, data, text, music, sounds, videos, messages, software, trademarks and other materials updated on this service. The User has obtained all waivers, authorizations and other documentations to evidence such ownership.

  3. The User shall indemnify, defend and hold harmless EARTHYS and its owners, directors, officers, employees, affiliates, licensors, agents, suppliers, dealers, providers and contractors (refer herein after as “Partners”) harmless from all losses, claims, damages, costs, expenses and fees from third parties relating to these materials.

  4. By providing the content to EARTHYS, the User grants EARTHYS a perpetual, royalty-free, irrevocable, worldwide and transferable license to:

  • reproduce, duplicate, modify, add, use, copy, publish, distribute, transmit, communicate and adapt the content for any purpose and in any manner, form, media or technology.

  • make the content available to the public, companies, organizations or individuals with whom we have a relationship for the provision of service.

   5. EARTHYS does not guarantee that all contents provided by the User will be published. All contents provided are published strictly at         EARTHYS’s discretion.

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Intellectual Property Rights

  1. EARTHYS owns all rights, title and interest of all the contents of this Website including, without limitations, copyrights, trademarks, text, graphics, images, logos, design, video and audio.

  2. The User acknowledges and agrees that all intellectual property rights comprised in or relating to the Website belongs to EARTHYS or our licensors and that nothing in this agreement constitutes a transfer of any intellectual property rights.

  3. The User may not

  • copy, reproduce, republish, translate, transmit, transfer, display, distribute, modify, adapt, rent, license, sell the content to any companies or individual, by any method or process, now known or developed hereafter, onto any device or medium.

  • develop or create derivative works or services from this Website.

   4. Unauthorised use of the Website infringes copyright, trade mark and other laws for which the User will be liable.

Links To Third Party Websites

The Website contains links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of EARTHYS and EARTHYS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EARTHYS is providing these links to you only as a convenience, and the inclusion or exclusion of any link does not imply endorsement or lack thereof by EARTHYS for any particular company or organization.

Notification Of Infringement

  1. If you believe that your copyright has been infringed, and such infringement is occurring on this Website, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice").

  2. All Infringement Notices shall be delivered by hand to us at the following address         

         Attn : EARTHYS        22 Sin Ming Lane            #06-76 Midview City        Singapore 573969

   3. We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal         action or exercise any legal remedy you may have against us in respect of any copyright infringement, unless you have first given us         the Infringement Notice and sufficient opportunity to remove the infringing material, and only if we refuse or fail to remove the               infringing material within a reasonable time. Where we remove the infringing material in response to your Infringement Notice, you        agree not to exercise and you hereby waive, any right of action against us under any applicable laws which you may have in respect          of any infringing material appearing on the Website prior to such removal by us.

   4. You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of infringing material        appearing on third-party sites linked on the Website.

Suspension And Termination

  1. The User agrees that you will be personally responsible for your use of the Website and for all of your communication and activity on and pursuant to the Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms, we may deny you access to the Website on a temporary or permanent basis at any time without notice. We may also remove, monitor or edit content as determined by US.

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Prohibited activities include — but are not limited to — the following: 

- Using the Websites for any purpose in violation of local, state, or federal laws or regulations; 
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; 
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by EARTHYS in its sole discretion or pursuant to local community standards; 
- Posting Content that constitutes cyber-bullying, as determined by EARTHYS in its sole discretion; 
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behaviour; 
- Posting telephone numbers, street addresses, or last names of any person; 
- Posting URLs to external websites or any form of HTML or programming code; 
- Posting anything that may be “spam,” as determined by EARTHYS in its sole discretion; 
- Impersonating another person when posting Content; 
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent; 
- Allowing any other person or entity to use your identification for posting or viewing comments; 
- Harassing, threatening, stalking, or abusing any person; 
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of EARTHYS, exposes EARTHYS or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or 
- Encouraging other people to engage in any prohibited activities as described herein. 

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The User agrees that EARTHYS will not guarantee access to the Website, since access over the internet can sometimes be affected by technical failures or third party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on our Website in order to make changes to it or to correct technical problems that have arisen.

 

We reserve the right to suspend, terminate, change or discontinue any aspect of the Website, including the availability of any feature(s) of the Website, at our sole and absolute discretion, at any time and without notice.

Limitations Of Liability

  1. The User understands and agrees that the use of the Website is at their own risk. This Website is provided on an “as is”, “as available” and “with all faults” basis without warranties of any kind, whether expressed or implied, including but not limited to, any warranties of quality, condition, performance, fitness or merchantability for a particular purpose, title and non-infringement.

  2. We are not obligated to monitor, control or endorse the content on the Website, and therefore specifically disclaims any liability arising from or in connection with your use of the Website. We also reserve the right to review materials posted, to edit, refuse to post, to remove any content, terminate your access to the Website at our sole discretion at any time, without notice, for any reason whatsoever.

  3. This exclusion clause shall take effect to the fullest extent permitted by Singapore law.

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Indemnity

 

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At EARTHYS request, you agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) your use or misuse of the Website; (ii) your breach of these Terms; (iii) and/or your violation of any law or the rights of a third party, including the use by any other persons accessing the Website using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

 

 

Governing Law And Dispute Resolutions

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All terms and conditions of use are governed by the laws of Singapore. The User agrees to submit to the laws of Singapore.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such provision or any other provision. 

 

 

Disclaimer

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Please note that these pages are meant strictly for informational purposes to those seeking retailers/wholesalers/manufacturers/ providers of or information about sustainable products and/or services. Inclusion or exclusion from these pages does not imply a recommendation or lack thereof by EARTHYS and/or its collaborator(s) for any particular company or organisation.

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