For the purposes of these Terms and Conditions, the following definitions apply:
"Content" includes all Text, links, Graphics, Design, Programming, attachments and documents relating to SATS used and linked to on the SATS website.
"Design" includes the "look" and "feel" of the SATS website and the colour combinations and the page layouts of the SATS website.
"Graphics" includes all photographs, videos, logos, buttons and other graphical elements on the SATS website, with the exception of paid advertising content (if any).
"SATS website" and "Site" refer to:-
- The website www.sats.com.sg in its entirety including all its individual web pages, and
- Any other websites in their entirety including all their individual web pages, operated by SATS from time to time, now or in future (including without limitation www.satscargo.com).
"Services" mean any services that SATS may provide or require on the SATS website from time to time (including without limitation SATS Cargo's Track and Trace facility).
"Text" includes all text on every page of the SATS website, whether editorial, navigational or instructional.
"User" and "you" refer to any individual, firm, corporation, organisation or entity who accesses the SATS website or uses the Services.
"we", "us" and "SATS" refer to SATS Ltd., and its subsidiaries and associated companies, or any of them.
The headings in these Terms and Conditions are for ease of reference only and shall not be taken into account in the interpretation of any of these Terms and Conditions. Words importing the singular meaning shall where the context so admits, include the plural meaning and vice versa. Words importing any one gender shall include all other genders as appropriate and words denoting natural persons shall include firms and corporations and all such words shall be construed interchangeably in that manner.
Acceptance of Use Of the SATS Website
As a condition of your access to and/or use of the SATS website and/or the Services, you hereby represent, warrant and agree that you will not use, or plan, encourage or help others to use, the SATS website and/or the Services for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable laws and regulations of Singapore or elsewhere (including without limitation the following Singapore laws: Telecommunications Act, Computer Misuse Act, Copyright Act and Electronic Transactions Act). Your access and use of the SATS website, the Content and/or the Services shall solely be for the purposes specified and not for any other purposes.
You are prohibited from violating or attempting to violate the security of the SATS website, including without limitation:
- Probe, scan or test the vulnerability of a system or network or to breach or circumvent security or authentication measures without proper authorisation;
- Interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the SATS website, overloading, "flooding", "spamming", "mailbombing" or "crashing";
- Sending unsolicited e-mail, including without limitation promotions and/or advertisements of products or services; or
- Forging any TCP/IP packet header or any part of the identifiers or header information in any e-mail or posting.
Violations of system or network security or paragraphs 4b, i. to iv. above may result in civil or criminal liability. SATS will investigate occurrences which may involve such violations and may involve, and cooperate with (including disclosing information obtained about users), law enforcement authorities in prosecuting users who are involved in such violations.
SATS’ obligations with regard to goods and services in the SATS website are governed by the terms and conditions under which they are provided. Nothing on the SATS website shall be construed to amend or alter the terms and conditions of those goods and services.
Deactivation, Suspension or Termination of Access or Service
SATS may at any time and from time to time deactivate, interrupt, suspend, restrict or terminate (temporarily or permanently) the operations of, and/or your access to, the whole or any part of the SATS website and/or the Services (as the case may be) for any period of time, without prior notice and without assigning any reason whatsoever. Without prejudice to the other provisions of these Terms and Conditions, SATS shall not be liable for any loss, damage, costs or expenses that you may suffer or incur resulting from the aforesaid deactivation, interruption, suspension, restriction and/or termination.
Disclaimers and Limitations on SATS' Liability
The provisions of this paragraph 6 shall apply and be binding on you, notwithstanding anything to the contrary contained elsewhere in these Terms and Conditions.
SATS assumes no responsibility for the activities or conduct of users or use or misuse of this SATS website by users.
The SATS website and the Content, as well as the information and materials accessed through the SATS website, are provided on an 'as is' and 'as available' basis without any warranties of any kind, express or implied or statutory. SATS makes no representations, warranties or guarantees regarding (1) the Services, Content, information, materials, software or links provided on or through the SATS website; (2) the SATS website in general; or (3) the accuracy, reliability, adequacy, reasonableness, completeness or timeliness thereof; and to the fullest extent permitted by law, SATS hereby disclaims all liabilities and warranties in respect of the same (including without limitation warranties of merchantability, title, satisfactory quality, non-infringement of your or any third parties' rights, or fitness for particular purpose, freedom from computer virus, malicious code and/or other harmful components). SATS makes no representations, warranties or guarantees regarding any email or other form of communication with users (including without limitation, as furnished under SATS Cargo's Track and Trace facility). Without prejudice to the generality of the foregoing, such information may have been obtained unverified by SATS from a variety of third party sources. You acknowledge that any use or reliance by you on the Services, Content, information, materials, software or links provided on or through the SATS website, or on the SATS website in general, will solely be at your own risk. SATS assumes no responsibility for the timeliness, deletion or mis-delivery of, or failure to store, receive or respond to, any communications to or from users, for any reason.
For your convenience, SATS may include hyperlinks to websites on the Internet that are owned or operated by third parties. Such linked websites are not under the control of SATS and SATS does not accept any responsibility or liability for the contents of or the consequences of your accessing any linked website or any link contained in the linked website. Nothing on the SATS website shall be considered or construed as an endorsement, verification, recommendation, representation or warranty of or by SATS with respect to any third party or any third party's website (or its content), products, services or otherwise. The foregoing applies inter alia to any paid advertising content, as well as links to third party websites that may be provided on or through the SATS website. You acknowledge and agree that your access to and/or use of such links to access third party websites, and of such linked websites, is solely at your own risk and subject to the terms and conditions of access and/or use contained therein. SATS makes no representations, warranties or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third party websites available or advertised on or linked to the SATS website, nor with regards to broken links.
Any arrangement, dealing or transaction made between you and a third party named on (including advertisers on the SATS website) or linked to from these pages is solely between you and such third parties / advertisers and entirely at your own risk and responsibility. We shall not be responsible for any loss, damage, costs or expenses (whether direct or indirect) that you may suffer or incur as a result of as a result of any such arrangements, dealings, transactions or otherwise arising from the availability of such third parties and/or advertisers on the SATS website.
SATS makes no representation or warranty that the Content, information and materials contained in or accessed through the SATS website are appropriate legal or available for use in your location or jurisdiction. If you choose to access the SATS website from any location or jurisdiction, you do so at your own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The SATS website, the Content and the Services may be amended, revised, changed, modified, deleted, edited or withdrawn by SATS at its sole discretion at any time without prior notice.
SATS does not warrant or represent that the SATS website and/or the Services will operate error-free or be uninterrupted or that the SATS website, the Services and its servers are free of computer viruses or other harmful mechanisms or effects or defamatory material or does not infringe third parties’ rights. SATS does not warrant the security or protection of the Content from illegal or unlawful corruption by unauthorised parties or hackers. If your use of the SATS website or the Content results in the need for servicing or replacing equipment or data, SATS shall not be responsible or liable for the costs incurred. You assume all responsibility and risk for your use of the SATS website and the Internet generally.
In no event and under no circumstances shall SATS be liable for any damages, losses, costs or expenses whatsoever (including without limitation, direct, indirect, special, incidental and consequential damages, lost profits, loss of opportunity or loss of reputation) arising from, in connection with and/or in relation to (1) your use of or access to or reliance on, or the inability to use or access or to rely on, the SATS website, the Services and/or the Content; or (2) any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, loss or corruption of data or systems, delay in operation or transmission, transmission error or unavailability of access in connection with the SATS website, the Content and/or the Services, whether based in contract, tort or other legal theory, and whether or not SATS is advised of the possibility of such damages.
If the limitations set forth in this paragraph 6 above are held inapplicable or unenforceable as against you for any reason, then SATS' maximum liability to you for any type of damages (direct or otherwise) shall be limited to USD100.00 in aggregate.
You agree and acknowledge that the disclaimer and limitation of liabilities set out in these Terms and Conditions are reasonable.
You hereby agree to indemnify and hold harmless SATS, its directors, officers, employees and/or agents, from and against any and all claims, proceedings, liability, loss, damage, costs and expenses whatsoever (including without limitation legal costs on a full indemnity basis) arising from or in connection with (a) your access of the SATS website and/or use of the Services; (ii) any other party’s access of the SATS website and/or use of the Services using your user identification, password, personal identification number or other authentication information (collectively, “User ID Information”), if any, used by you on the SATS website; (iii) your breach of any of these Terms and Conditions; (iv) any other party’s breach of these Terms and Conditions where such party was able to access the SATS website and/or use the Services by using your User ID Information; and/or (v) your breach of any statutory requirement, duty or law or any rights of any person or entity.
Governing Law and Jurisdiction
By accessing the SATS website and/or using the Services, you hereby agree that these Terms and Conditions and all matters relating to your access and use of the SATS website and/or the Services shall be governed by, and construed in accordance with Singapore law. You hereby submit to the exclusive jurisdiction of the courts of Singapore.
If at any time any provision of these Terms and Conditions is or becomes invalid, illegal or held to be void or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby. The invalid, illegal, void or unenforceable provision shall be eliminated or limited to the minimum extent necessary and amended or replaced by valid, legal and enforceable provisions which achieve, to the greatest extent possible, the intent of these Terms and Conditions.