GUSHCLOUD TERMS OF USE
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Reference is made to Gushcloud’s Group Privacy Policy.
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Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Gushcloud on the Website, these Terms of Use, including the Gushcloud Group Privacy Policy, constitute the entire agreement between you and Gushcloud with respect to the use of the Website and Contents.
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For avoidance of doubt, “Gushcloud” means the entire Gushcloud network including the group of companies and its subsidiaries.
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1. These Terms of Use apply to the use of this website which is owned and/or operated by Gushcloud. These Terms of Use also apply to the various services, including all information, communications, links, software, newsletters, products, services, other materials and to any and all other services that may be added, offered or provided to you from time to time (the “Services”) through this site (the “Site” which shall include the Services).
2. By accessing or using the Site, you agree to be legally bound by these Terms of Use.
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3. These Terms of Use may be revised or updated from time to time. The revised or updated Terms of Use will be posted on the Site and your continued use of the Site shall be deemed and construed as your conclusive and binding acceptance of the revision or updated terms.
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4. In addition, particular service(s) added, offered or provided to you through the Site, may be subject to additional guidelines and/or rules. In such an event, all such guidelines and/or rules shall be deemed incorporated in these Terms of Use by reference. Gushcloud may also offer other services that are governed by different terms of service / terms of use. Use of such other services shall accordingly be subject to such different terms of service / terms of use.
Linked Content
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5. The Site and Services provide you with opportunities to link to, or otherwise use, sites and services offered through or by third-party(ies). Your use of these third-party services is subject to terms posted by these third-party(ies). We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement.
About Our Services
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6. All Services and the Site are provided on an “AS IS WHERE IS” basis. Gushcloud makes no representation or warranty, whether express or implied (to the extent permitted by law) : (a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site; or (b) that the use of the Site will be uninterrupted and free of any viruses or bugs.
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7. In no event shall Gushcloud or any of its affiliates or related corporations be liable for any loss, injury, damage, claims, costs or expense of any kind arising from any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right or any other cause of action.
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Intellectual Property
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8. All content and materials on the Site are the exclusive property of Gushcloud or its content suppliers, and may be downloaded or printed for your own personal and non-commercial use only. All copyright notices on downloaded or printed material must be retained. Save as specifically permitted here, you may not copy, reproduce, distribute, republish, repost, modify, transmit, make available to the public, adapt, create a derivative work or otherwise use or exploit any content on the Site in any way or for any purpose. In addition, you may not distribute or make available any part of the Site over any other website or any network.
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9. The names, trademarks, service marks and logos (the "Trade Marks") displayed on the Site are registered or unregistered Trade Marks of Gushcloud, its affiliates or licensors. Nothing on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks. Gushcloud prohibits use of the Trade Marks as a "hot" link or in-link to any Gushcloud’s site or other site unless establishment of such a link is approved in advance by Gushcloud in writing.
Submission of Contributions
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10. Gushcloud may provide facilities on the Site to permit you to submit any contribution (including but not limited to any text, graphics, video and/or audio content, and other materials or information) (“Submissions”) to Gushcloud or to the Site directly. You are solely responsible for your own Submissions and Gushcloud only acts as a passive conduit for the online distribution and publication of your Submissions.
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11. By submitting your Submissions, you agree as follows:-
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(a) you will not include any content in your Submissions that is or could be unlawful, defamatory, offensive, obscene, dangerous or false, or any content that is protected by copyright or other intellectual property right, without first obtaining permission of the copyright owner or rights-holder, or any content that contains any viruses, bugs or other harmful elements;
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(b) you hereby grant to Gushcloud a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and sub-licensable right and licence to use and exercise all copyright and publicity rights you have in your Submissions in any media and for any purpose;
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(c) you will not assume a false identity or the identity of another user when using the Site, and you will not use the Site for any unlawful or illegal activities, including but not limited to spamming, harassing or otherwise causing distress to other users.
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12. Gushcloud shall have the right, but not the obligation, to monitor the Submissions contributed to the Site, including chat rooms and forums. Gushcloud shall have the right to remove or delete any material that Gushcloud, in its sole discretion, finds to be in violation of these terms or otherwise objectionable or inappropriate without having to assign any reason therefore. In addition, Gushcloud shall have the right to terminate your use of the Site if it believes that you have violated these terms or for any other reason whatsoever, without notice to you.
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Personal Data
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13. Your personal data will be collected, used, disclosed and/or processed by Gushcloud for the following purposes:
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(a) For Gushcloud or its designated representatives or business partners to provide goods and services to you or parties designated by you and matters ancillary thereto.
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(b) To verify and process payment when you purchase goods and services from Gushcloud.
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(c) For verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you.
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(d) For research and analysis, including surveys and polls.
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(e) To send you notices, information, promotions and updates including marketing and advertising materials in relation to Gushcloud’s goods and services and those of third-party organizations selected by Gushcloud.
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(f) To comply with any request from any third-party or any order of court or directive from authorities investigating any alleged offence or misconduct or for the purposes of taking legal action against any you.
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14. By agreeing to these Terms of Use, you:
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(a) consent to Gushcloud collecting, using, disclosing and/or processing your personal data for the purposes as described in Clause 13 above;
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(b) consent to Gushcloud transferring your personal data out of Singapore to Gushcloud’s third-party service providers or agents for the purposes as described in Clause 13 above.
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If you have any questions relating to Gushcloud’s collection, use and disclosure of your personal data, please contact Gushcloud’s International Website Team at info@gushcloud.com
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15. Where you subscribe for any services on the Site that relates to any advertisement or other similar services, whether as a potential seller or buyer, you hereby expressly acknowledge and agree that the Site acts as a venue only and Gushcloud is not responsible for the reliability, accuracy or truthfulness of any information that is posted by other users.
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Indemnities
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16. You agree to defend and hold Gushcloud, its affiliates and related corporations from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site or any breach of these terms. In addition, Gushcloud may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site, including informing any third-party Gushcloud deems appropriate of such breach or use and/or disclosing your personal information to such third-party.
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Severability
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17. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by Gushcloud with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive Gushcloud’s right to act with respect to subsequent or similar breaches.
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Notice
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18. You hereby agree and acknowledge: -
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(a) that all electronic communications made pursuant to the use of this Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
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(b) not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically.
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Governing Laws
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19. These terms shall be governed by Singapore laws and any dispute arising out of the use of the Site shall be referred to the Singapore courts.