The terms "ShareTransport.sg","Commute", "we", "us", and "our" when used in the TOU means Commute and its subsidiaries, divisions, branches, affiliates or companies under common ownership or control.
The terms "you" and "your" when used in the TOU means any user of this Website
1. ACCEPTANCE OF TERMS
By accessing and using the Website in any way (including all related sites, services and tools), you agree to the following terms, including those available by hyperlink, without limitation or qualification. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. Commute has the right, but is not obligated, to strictly enforce the TOU through self-help, mediation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
The Website is not intended for use by children or minors under the age of 18 years without permission of a parent or guardian. By accessing and using the Website, you confirm that you are not under the age of 18 years or that you have the permission of a parent or guardian and the said parent or guardian has agreed to assume fully your obligations under the TOU as if the obligations are owed by the said parent or guardian.
You are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Website.
using the Website, you undertake NOT to post, email, or otherwise make available Content:
- which is false, inaccurate, misleading, defamatory or libelous content;
- which is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- which harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- which is pornographic, which incites violence or contains nudity or graphic or gratuitous violence;
- which contain identification documents or personal details or sensitive financial information of other users or other third parties.
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law
- which infringes upon the copyright, trademark or other intellectual property rights of users or other third parties;
- offers any contest, giveaway or sweepstakes on the Website
- consists of viruses or any other technologies that may harm Commute, the Website or the interests or property of the users of the Website;
- which could disable, overburden, or impair the proper working of the Website, such as a denial of service attack
You will not hold Commute responsible for any postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Website or for any users' action or inaction. The Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Content originated. Commute does not control, and is at all times not responsible for any Content made available through the Website or the actions or inactions of users.
Your interactions with organizations and/or individuals and/or users found on or through the Website, including payment and delivery of goods or services or the lending or borrowing of any property (which term when used in this paragraph includes any moveable or immovable property whether under your ownership or the ownership of any other party) or the rental or lease of any property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals and/or users. You also acknowledge that should you meet with any other user in person, you do so entirely at your own risk. You should make whatever investigation and whatever precautions you feel necessary or appropriate before proceeding with any online or offline transaction with any of these parties.
Commute shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings and Commute is not responsible for the actions of its users.
If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Commute is under no obligation to become involved. In the event that you have a dispute with one or more other users or any third parties, you hereby release Commute, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Furthermore, the Website and Content available through the Website may contain links to other websites, which are completely independent of Commute. Commute makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Commute be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website.
You acknowledge that Commute does not pre-screen or approve Content, but that Commute shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available through the Website, for violating the letter or spirit of the TOU or for any other reason.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT AND GENERAL COMPLAINTS POLICY
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at firstname.lastname@example.org.
In your correspondence notifying us of such infringement, please provide us with the following information:
a. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the website;
b. A statement by you that you have a good faith belief that the disputed use is not authorized by the proprietor, its agent, or the law;
c. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the proprietor of the intellectual property involved or that you are authorized to act on behalf of that proprietor;
d. Your address, telephone number, and email address; and
e. your agreement to indemnify us against any claims or demands against Commute as a result of any action taken by Commute on such notification by you.
If you believe in good faith that any content on the Website may be otherwise prejudicial to you, you may also notify us at email@example.com. In your correspondence notifying us of such complaint, please identify the material on the Website which is the subject of the Complaint with enough detail so that we may locate it on the website and indicate the manner in which the content is prejudicial to you.
The decision to take down any postings is entirely at our discretion and we are not obliged to investigate any complaint of infringement as set out in your notification.
6. PRIVACY AND INFORMATION DISCLOSURE
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
You further acknowledge and agree that Commute may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Commute, its users or the general public.
In using the Website, you undertake NOT to
- Violate any laws, third party rights, the TOU or any other policies of Commute in respect of the use of the Website;
- Breach any agreement with any other user
- Provide false personal information to Commute;
- Harvest or otherwise collect information about users, including email addresses or any other personal information without their consent;
- Solicit login information or access an account belonging to someone else;
- Engage in any unlawful, misleading, malicious or discriminatory activity;
- Bully, intimidate or harass any user;
- Copy, modify, or distribute content without the necessary consent;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- Attempt to gain unauthorized access to Commute's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website; and
- Use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. NO SPAM POLICY
The sending of unsolicited emails for a commercial purpose to email addresses of users of the Website or through Commute's computer systems and the use of dictionary attack and address harvesting software in breach of the Spam Control Act (cap. 311A), is expressly prohibited by the TOU.
Any unauthorized use of Commute's computer systems is a violation of the TOU and may be in violation of statutory laws, including without limitation the Computer Misuse Act (cap. 50A). Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. PAID POSTINGS
We may charge a fee to post Content in some areas of the Website. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Website in such designated areas maintains responsibility for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
10. LIMITATIONS ON SERVICE
You acknowledge that Commute may establish limits concerning use of the Website, including the maximum number of days that Content will be retained by Commute, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored on the computer systems of Commute, and the frequency with which you may access the Website. Commute has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Commute. You acknowledge that Commute reserves the right at any time to modify or discontinue the Website and/or the services provided through the Website (or any part thereof) with or without notice, and that Commute shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any service provided through the Website.
11. ACCESS TO THE SERVICE
Commute grants you a limited, revocable, nonexclusive license to access the Website for your own personal use. This license does not include: (a) access to the Website by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Commute. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website.
Use of the Service beyond the scope of authorized access granted to you by Commute immediately terminates said permission or license.
12. TERMINATION OF SERVICE
You agree that Commute, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Content on the Website, for any reason, including, without limitation, if Commute believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Commute shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination. Sections 2, 4, 6 and 9 -15 shall survive termination of the TOU.
13. PROPRIETARY RIGHTS
Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website ("Commute's Proprietary Content") are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of Singapore, and all Commute's Proprietary Content and intellectual property rights therein are the property of Commute or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.
The posting of any such elements on the Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, reverse engineered or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Although Commute does not claim ownership of Content that its users post, by posting Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Commute an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to any public area of the Website, you automatically grant Commute all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.
14. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL CONDITIONS AND WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED CONDITIONS AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.
WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THE WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT MAKE ANY WARRANTIES ON THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE.
YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on the Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on the Website or any website with which it is linked.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Commute BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Commute HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY MEETING UP WITH OTHER USERS OF THE WEBSITE IN PERSON. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
You agree to indemnify and hold Commute, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Website, your use of the website, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Commute and govern your use of the Website, superceding any prior agreements between you and Commute, and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.
The TOU and the relationship between you and Commute shall be subject to, governed by and construed under the laws of Singapore. You and Commute agree to submit to the exclusive jurisdiction of the courts of Singapore.
The failure of Commute to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. A waiver of any right under the TOU on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion.
If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.