INSIGHT TERMS AND CONDITIONS

1. Definitions

1.1 In these Specific Terms and Conditions, the following words and expressions shall have the following meanings:

1.1.1      “Access Medium” means the medium (whether a mobile cellular phone, modem or otherwise, including a computer) by or through which an Applicant may use the Service.

1.1.2    “InSight Portal” refers to the web portal for customer to access services offered in the portal.

1.1.3    “Applicant” means the employee’s login ID and Password authorized and created by the Customer to use to access the Service. The main Administrator account applied through the applicant form is also an Applicant.

1.1.4    “Customer” means the business entity that applies or subscribes for the Service.

1.1.5    “General Terms” means Pacific Internet’s Terms and Conditions

1.1.6    “Internet Code of Practice” means the Internet code of practice issued by IMDA including all subsequent supplements, revisions and amendments to the same.

1.1.7    “Login ID” means any number or alphanumeric symbols or characters created as login ID, user name or user ID (whether or not applied for or selected by the Applicant) to be used by the Applicant, in conjunction with the Password, to access the Service.

1.1.8    “Materials” means all material displayed on or available from the Website including, without limitation, all information, bills, invoices, data, reports, software, text, images, links, sound, graphics and video sequences, and any description, depiction, specification or other information relating to any Product.

1.1.9    “Merchant” means a vendor or supplier of any one or more Products and/or Services that may be ordered via the Website.

1.1.10    “Minimum Subscription Period” means a period of twelve (12) months or such other period as may be stipulated by PISG as the minimum subscription period before or when the Customer applies for the Service.

1.1.11    “Password” means any number or alphanumeric symbols or characters initially assigned by PISG to the Applicant as the Password (including any changes thereafter whether or not selected by the Applicant) to be used by the Applicant, in conjunction with the Login ID, to access the Service.

1.1.12    “Products” means the goods and services (other than the Service itself, or any value added service to the Service) that is provided or supplied by a Merchant including, without limitation, PISG Products.

1.1.13    “IMDA” means the Infocomm Media Development Authority of Singapore.

1.1.14    “Products” means the goods and services (other than the Service itself, or any value added service to the Service) that is provided or supplied by a Merchant including, without limitation, PISG Products.

1.1.15    “Service” refers to services available on InSight Portal located on the Website which is an Internet-based business portal that allows Applicants to gain private and customized access to information and e-services within the Website portal, and to order Products on-line from Merchants, and includes such other services and facilities relating thereto as may be provided by Pacific Internet (S) Pte Ltd from time to time.

1.1.16    “SPOC” refers to Single Point of Contact of the relevant Customer in question.

1.1.17    “PISG Product” means any Product whether offered on the Website or otherwise, for which PISG is the Merchant and/or is associated with the Services.

1.1.18    “PISG System” means any electronic or telecommunications system operated or used by PISG or any one or more PISG Group Corporations.

1.1.19    PISG refers to Pacific Internet (S) Pte Ltd

1.1.20    “Terms of Use” means PISG’s terms of use

1.1.21    “Website” means the website [https://insight.pacificinternet.com].

1.2    The words and expressions used in these Specific Terms and Conditions which are defined in the General Terms or the Terms of Use but are not otherwise defined in these Specific Terms and Conditions shall have the same meanings as defined in the General Terms unless the context otherwise requires. 1.3    The headings or titles to the Clauses in these Specific Terms and Conditions are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Specific Terms and Conditions.

2. Usage of InSight Portal

2.1     The Website is named InSight Portal.

2.2    InSight Portal is a web platform onto which the Customers may login and access the Services which comprises various corporate web applications defined herein.

2.3     Customers who wish to be given access to InSight Portal must apply to PISG who shall have sole and absolute discretion to decide the application.

2.4     Except as otherwise expressly provided herein, the use of InSight Portal by Customers shall be subject to and governed by the Terms of Use.

2.5     During the application, the Customer must acknowledge that the Main Administrator would be given full services supported by the InSight Portal and fully responsible for the usage of these services.

2.6     Upon successful application, the main administrator will then have access to create individual user access for the employees of the Customer. The Customer hereby undertakes to create access for authorized personnel/employee.

2.7     If the Customer wishes to terminate access to InSight Portal as the main administrator, submission of the termination using this form is required.

3. Service and Commencement

3.1     The Customer shall be solely responsible for the Access Medium through which the Service may be obtained. 3.2     The Service shall commence as from such date as PISG may notify the Customer in writing (the “Service Commencement Date”), regardless of:

3.2.1   whether the Customer shall have completed the procurement and installation of the Access Medium by that date; or

3.2.2   whether the Access Medium is or remains installed or operational as from or at any time after that date.

3.3     The Customer shall use, and procure and ensure that all Applicants shall use, the Service in accordance with the Acceptable Use Policy, the Internet Code of Practice and with such other guidelines, rules and requirements as PISG or the IMDA may issue from time to time, provided that nothing in the Acceptable Use Policy, the Internet Code of Practice or any such other guidelines, rules and requirements shall affect, vary, modify or alter the terms of the agreement between the Customer and PISG as contained in the Terms and Conditions and these Specific Terms and Conditions.

3.4     Any matters arising out of PISG’s provision of any value added service to the Customer or in connection with any value added services provided as part of the Service shall be subject to and governed by such terms and conditions applicable to the relevant value added services, if any.

4. Minimum Subscription Period

4.1    Either party may terminate the Service by giving the other party a written notice of at least thirty (30) days.

4.2    In the event that the Service is terminated before the expiry of the Minimum Subscription Period by the Customer for any reason whatsoever, or by PISG as a consequence of any breach by the Customer of any of the obligations or duties of the Customer, then not withstanding any provision to the contrary in the General Terms:

4.2.1 the Customer shall pay PISG the difference between:

    1. the total Fees and Charges which PISG would have imposed or charged the Customer for the Service, including the use thereof for the Minimum Subscription Period, had the Service not been terminated prior to the expiry of the Minimum Subscription Period; and
    2. the total amount paid by the Customer to PISG as subscription Fees and Charges for the Service,

4.2.2    and any and all Fees and Charges that have been discounted, waived or reduced by PISG on the basis that the Customer subscribes for the Service for the Minimum Subscription Period may be reinstated and imposed by PISG on the Customer retroactively as from the Service Commencement Date.

5. Product Agreement Documentation

5.1    All purchases of Products on hall be subject to the Customer’s agreement to any Specific Terms as may be made available for the Product.

6. Password

6.1    The Customer shall:

6.1.1    ensure that the Applicant uses only the Login ID and Password assigned to that Applicant to access the Service;

6.1.2    not, and shall ensure that Applicants do not, disclose to any person the Applicant’s Password, nor permit or authorize any other person to use the Applicant’s Login ID or Password for any purpose whatsoever; and

6.1.3    immediately inform the main administrator of the Customer if the Applicant ceases to be an employee of the Customer.

6.2    PISG may treat any access or use of any Service at any time by use of the Applicant’s Login ID and Password as access or use of the Service by the Applicant or the Customer, notwithstanding that the use by any other person is without the knowledge or authority of the Applicant or the Customer.

6.3    The Customer shall ensure that, upon learning that any person has acquired knowledge of the Applicant’s Password or has used the Applicant’s Password to access or utilize any service or effect any transaction (whether with or without the knowledge and consent of the Applicant or Customer), the Applicant:

6.3.1    immediately notifies PISG;

6.3.2     at PISG’s request, makes a police report;

6.3.3     provides PISG with any other information relating to the access or use as PISG may require; and

6.3.4     immediately changes the Password.

7. Availability and Use of Website and Materials

7.1      The Service is provided on an “as is” and “as available” basis. PISG does not warrant the accuracy, adequacy or completeness of the Website and/or the Materials and expressly disclaims all liability for any errors or omissions in the Materials. Any use of or reliance on the Materials is at the user’s own risk. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites are accessed and relied on at the user’s own risk.

7.2      PISG does not warrant the Service will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no such warranty is given that the Website and the Materials are free from any virus or other malicious, destructive or corrupting code, program or macro.

7.3      Any Material downloaded or otherwise obtained through the use of the Service is at the Customer’s own risk and the Customer shall be solely responsible for any damages to its own computer system or deletion, mis-transmission, corruption or loss of data that results in or arises from the download of such Material.

7.4      PISG reserves the right to manage and control access to any computer, or any PISG System, and any computer linked to any PISG’s System and any data stored on the same, in a manner deemed appropriate by PISG, and to delete any data (whether belonging to, or provided or stored by, the Customer or any Applicant or otherwise), notwithstanding that such access and the storage of such data is a requirement or constitutes a part of the Service.

7.5     Neither PISG nor any other PISG Group Companies shall have any obligation or duty to review or edit (periodically or otherwise):

7.5.1   the Website or the Materials; or

7.5.2   the data stored in any computer or any PISG System or any computer linked to any PISG System.

7.6      The Customer shall be solely responsible for ensuring that the data retained or stored by or for the Customer or the Applicant on any PISG System does not exceed the storage capacity allotted to the Customer by PISG from time to time.

8. Product Orders

8.1    The Customer acknowledges that, other than for PISG Products, PISG acts merely as agent for the relevant Merchant for receiving Product orders, and all Product orders are subject to:

8.1.1   the relevant Merchant’s own terms and conditions for that Product (and, for the avoidance of doubt, Clause 7.1 above shall apply to any such terms and conditions as may be available on or accessed via the Website); and

8.1.2   acceptance by the relevant Merchant of the Product order.

8.2      The prices, specifications and availability of Products shall be subject to change, withdrawal or discontinuance at any time at the full and absolute discretion of the relevant Merchant, without explanation or prior notice either via the Website or otherwise. Without limiting Clause 7.1, Customer further agrees that any description, depiction or specification of any Product on the Website may not be current or accurate, and may differ from the Product available from the Merchant at the time the order is placed, or from the Product actually supplied to the Customer. Customer shall not hold PISG liable in any way for any inaccuracy, error or discrepancy on the Website in relation to any Product nor, subject to Clause 8.6, for any Merchant’s failure to supply any Product as ordered.

8.3      Confirmation (if any) by PISG or any Merchant of receipt of a Product order does not constitute acceptance of the order, and PISG shall not be liable or responsible in any way for any delay in acceptance or rejection of any Product order. If payment is made by Customer at the time of placing it’s order, the relevant Merchant shall be responsible for refunding the Customer’s payment in such manner as the Merchant deems fit, and PISG shall not be liable or responsible in any way for such refunds.

8.4      On acceptance of a Product order by the relevant Merchant, a contract for the purchase and supply of that Product shall be formed between the Customer and the relevant Merchant. Subject to Clause 8.6, the Customer acknowledges and agrees that all Product warranties, if any, for the Product are supplied direct by the relevant Merchant and PISG makes no undertaking, representation or warranty whatsoever relating to the Product or to its supply to the Customer.

8.5      Without limiting any other Clause, PISG shall in no event be liable for any loss, expense or damage including without limitation, any damages whether direct, indirect, special or consequential, or any economic loss arising from or in connection with the ordering, supply or non-supply of any Product, even if PISG, or its agents or employees, have been advised of the likelihood of any such expenses, losses and / or damages.

8.6     In circumstances where PISG is the relevant Merchant, nothing in Clauses 8.4 or 8.5 shall exclude any rights or remedies that are expressly conferred on the Customer under the applicable Product terms and conditions.

8.7    The Customer acknowledges these additional Product terms and conditions:

    1. It shall be the responsibility of the Customer to determine whether its domain name registration or registrant change infringes or violates someone else’s rights, or in violation of any applicable laws or regulations;
    2. There will be no refund or pro-rate of fees charged for domain name registration, domain transfer or termination of hosting services;
    3. Any domain transfer to PISG will include a mandatory one-year renewal. Domain expiry date will be extended for 1 year after the transfer has been done. If the payment method is via invoice, the Domain Transfer fees will be billed upon completion of the transfer.

9. Changes in Usage Plan

9.1      If the Customer wishes to change any usage or fee plan applicable to any Service, the Customer shall give written notice to PISG. The change, if consented to by PISG, subject to the nature of the plan and the contract term in place.

10. Obligations of Customer

10.1    Throughout the period of subscription for the Service, the Customer shall, and shall ensure each Applicant shall:

10.1.1   not commit nor attempt to commit any act or omission that directly or indirectly:

      1. infringes any copyright or other proprietary right;
      2. in any way damages all or any part of the technical infrastructure of PISG or its suppliers;
      3. impairs or precludes PISG or its suppliers from being able to provide the Service in a reasonable manner;
      4. constitutes an abuse or malicious misuse of the Service; or
      5. is calculated to have the any of above mentioned effects;

10.1.2      provide PISG with all necessary co-operation, information, equipment, data and support that PISG may reasonably require for the provision of the Service at such times as PISG requests;

10.1.3      not use the Service for any unlawful purposes such as, but not limited to, vice, gambling or other criminal purposes whatsoever nor for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive  or of an indecent, obscene or menacing character;

10.1.4      not use the Service for persistently sending messages without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or needless anxiety to any person whomsoever;

10.1.5      be solely responsible for the data transmitted, retrieved or stored through the Service;

10.1.6      not copy, upload, post, publish, transmit, reproduce, distribute, adapt, modify, hyperlink, frame, retain, re-use or otherwise use or deal with in any way and by any means in its use of the Service any materials protected by a copyright or other proprietary right, or derivative works from the same, except with the permission of the copyright owner or rights holder of that material, provided that permission is granted to download and print (but not modify) the Materials in which PISG holds the proprietary rights for the personal, non-commercial use of the Customer if all copyright or other proprietary notices contained in the Materials are retained;

10.1.7      not insert a hyperlink to the Website on any other website, or “mirror” any material contained on the Website on any other server, except with PISG’s written consent.

10.2    Throughout the period of subscription, the Customer shall:

10.2.1    ensure that the Customer brings the provisions of the Terms of Use, the Specific Terms and Conditions to the attention of each Applicant;

10.2.2   provide PISG with the e-mail address of each Applicant (Main Administrator);

10.2.3    pay PISG the necessary expenses incurred to remedy the situation pursuant to Clause 8.1(a) above (and PISG reserves the right to charge the Customer an amount deemed appropriate by PISG to cover the additional expenditure); 10.2.4           at its own expense procure any equipment, or software necessary to implement or provide the Service.

11. Cancellation of Request Prior to Service Commencement Date

11.1    The Customer may, prior to the actual Service Commencement Date, request for the cancellation of its request for the Service, in which event, the Customer shall be liable to pay such cancellation charges as may be imposed by PISG.

12. Exclusion of Liability and Indemnity

12.1      Without limiting any other provisions of the Terms of Use and Specific Terms and Conditions, and to the extent permitted by law:

12.1.1      No warranty of any kind, implied, express or statutory, including but not limited to warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Materials, the Website or, subject only to Clause 8.6, any Product, and all such warranties are expressly excluded; and

12.1.2      In no event shall PISG be liable for any direct or indirect damages, losses or expenses arising from or in connection with:

      1. any access to, use of, or the inability to access or use, the Website;
      2. any inaccuracy, error or discrepancy in, or reliance on, the Materials or any other information in the Website;
      3. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
      4. any use of or access to any other website linked to the Website;
      5. subject only to Clause 8.6, any order for, sale and purchase of, supply or failure to supply, use of, or warranty for, any Product,

12.1.3      even if PISG or its agents or employees are advised of the possibility of such damages, losses and/or expenses.

12.2      The Customer shall fully indemnify and hold harmless PISG against all actions, claims, proceedings, costs (including legal costs incurred by PISG  in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against PISG by any person and/or which PISG may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of any claim concerning the matters limited or excluded by PISG under Clause 12.

13. Notices and Correspondence

13.1      All notices and communications by PISG to the Applicant may be sent or dispatched to the Applicant in accordance with clause 18 of the General Terms as if references to the “Customer” in that clause were references to the Applicant.

14. Consent to Use and Disclose Information and Data

14.1      The Customer agrees that PISG shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Clause 15 of the General Terms.

15. General

15.1      The Customer shall be bound by and fully observe and comply with all the Terms of Use, the Terms and Conditions as well as such other terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on PISG under these Specific Terms and Conditions shall be additional to the rights and protections conferred on PISG under the Terms of Use and the General Terms and any other terms and conditions agreed or accepted by the Customer.

15.2      Any Clause in the Terms of Use, the Terms and Conditions, and these Specific Terms and Conditions, or any other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with it terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

15.3      The Service provided by PISG under these Specific Terms and Conditions may not be re-sold or otherwise re-provided by the Customer to any other person(s) whomsoever. In the event that the Customer desires to re-sell or re-provide the Service, the Customer and PISG shall enter into a separately negotiated agreement prescribed for the same by PISG containing the terms and conditions for such a re-sale.

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