1. Acceptance of Terms
AGREEMENT between you (referred to as the "Customer"} and OnTarget.sg site, http://www.ontarget.sg (referred to as the “service” or “ontarget.sg”) is offered to you by DP Bureau Pte Ltd, (referred to as "DPMS") on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Site.
This Terms of Service Agreement applies to subscription of and use of OnTarget.sg online solution. An authorized user must comply with the terms and conditions detailed in the online LICENSE AGREEMENT as well as those outlined in this Terms of Service Agreement.
DPB and / or OnTarget.sg reserve the right to make changes to the Terms of Service at any time. Any violation of the Terms of Service by the user could result in suspension or termination of the user's account.
2. Fulfillment
a) Marketing Lists as provided via OnTarget.sg are delivered electronically to a secure area of OnTarget.sg web site. OnTarget.sg will notify Customer electronically when list is ready for collection. Customer acknowledges that certain system failure may render the Internet or email unavailable for periods of time without warning or notice and OnTarget.sg assumes no responsibility of any kind for any delays.
b) Customer will ensure utilization of subscribed package within duration and terms agreed. Thereafter, User ID/Password will be deactivated upon expiry.
3. Payment Term & Refund
a) Payment shall be made in advance unless otherwise stated.
b) OnTarget.sg shall not issue refunds for mailing lists purchased through the Site. The mailing list purchased is provided to the Customer and based on the specific criteria supplied by the Customer. Customer purchasing the mailing list is bound to the list rental/purchase agreement.
4. Password and Security
a) DPB issues and warrants the user IDs/Passwords under the OnTarget.sg site service are unique to the Customer and will not be issued to any other User while the Service remains in force.
b) The Customer is responsible for maintaining the confidentiality of any, and all, password(s) in accessing OnTarget.sg website. The Customer agrees to contact OnTarget.sg immediately regarding any unauthorized use of password(s). The Customer agrees to be responsible for all orders placed and/or other actions that are taken through your registered account.
5. Restriction of Use
a) Permitted Uses: Unless permitted, Customer is licensed to use, and certifies that it will use, the List and services provided by OnTarget.sg for one of the following purposes; being direct mail solicitations, conducting telephone solicitations, conducting telephone surveys, or direct mail surveys. This shall not, however, prevent Customer's use of the List for internal analysis. Seed names may be included to detect unauthorized use.
b) Compliance with Guidelines and Laws: Customer acknowledges that Singapore may have guidelines and laws governing the use of the List and any information or data provided therein.
c) It is at the discretion of the Customer to take the responsibility to learn of such guidelines and laws, and comply with them. OnTarget.sg facilitates the delivery of the service and takes no obligation to inform Customer about any restrictions on use of the List. Customer agrees that it will use the List provided under this Agreement in accordance with Singapore Law, relevant Direct Marketing Guidelines, and in a manner which gives due consideration to matters concerning privacy, confidentiality and other issues to which individual and business consumers may be sensitive to.
d) The List, or any information or data provided therein, may not be used to enhance an item owned by any third party, to develop any list, enhancement or product, or to prepare, publish, clean or maintain any directory or look-up service.
e) Territory: Customer represents and warrants that it will only use the list within Singapore and will not use or transfer the List, or any information derived from the list, in whole or in part for any purpose, outside Singapore.
f) Prohibition of Resale: Customer represents and warrants that it will not distribute, resell, broker, or otherwise disclose the List to any third party or agent, in whole or in part, for any purpose whatsoever.
6. User’s Obligations
The User shall :
7. Prohibited Use
The User shall not :
8. Disclaimer of Warranties
a) Customer expressly agrees that use of the list is at Customer's sole risk. DPB and /or OnTarget.sg expressly disclaim all warranties of any kind, whether express or implied, oral or written, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or accuracy. DPB and /or OnTarget.sg makes no warranty that the list will meet your requirements, or that delivery of the list will be uninterrupted, timely, secure, or error free; nor does DPB and /or OnTarget.sg make any warranty as to the results that may be obtained from the use of the list, the accuracy or reliability of any data, or that defects in the list will be corrected. No advice or information, whether oral or written, obtained by Customer from DPB and /or OnTarget.sg, or through the services provided, shall create any warranty not expressly made herein.
9. Limitation of Liability
a) DPB and / or OnTarget.sg shall under no circumstances be liable for any indirect, incidental, special or consequential damages, resulting from the use or the inability to use the list, including but not limited to, damages for loss of profits, use, data or other intangibles, even if DPB and /or OnTarget.sg has been advised of the possibility of such damages. Notwithstanding the foregoing, in no event shall DPB / or OnTarget.sg, jointly or severally, be liable for any amount in excess of the amounts received from Customer.
10. Indemnification
a) Customer shall indemnify, defend and hold DPB and / or OnTarget.sg harmless from and against any and all liabilities, damages, losses, claims, costs, and expenses (including attorneys' fees) arising out or resulting from Customer's use of the List.
11. Variations
a) OnTarget.com reserves the right to vary, modify or discontinue the web site services at any time. The terms and conditions of this Agreement may be amended from time to time, and new restrictions to use may be added by OnTarget.sg on its sole discretion. Placement of an order for a List constitutes acceptance of the new terms and conditions by Customer.
12. Term of Termination
a) Placing of an order for a List, and/or use thereof, constitutes full acceptance of all of the terms and conditions contained herein. OnTarget.sg reserves the right to terminate this Agreement immediately for cause, or to terminate this Agreement with or without cause upon 30 days notice to Customer. OnTarget.sg shall not be liable to Customer for termination of this Agreement.
13. Privacy and Confidentiality
a) Customer will take reasonable precautions to assure that all confidential information disclosed to it is held in strict confidence and disclosed only to those of its respective employees whose duties reasonably require access to such information.
b) Customer will treat as confidential all information contained in or concerning the OnTarget.sg, and the method developed by OnTarget.sg to compile and organise the OnTarget.sg Data. The User will not disclose such information to any third party, except to the extent that it is required to do so by law, or to the extent that the information is public knowledge.
c) This clause will remain in full force and effect after termination of this Agreement.
14. Relationship
a) The parties will perform all services hereunder as independent contractors. Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or master and servant between the parties. Neither this Agreement nor any provisions set forth herein is intended to, or shall, create any rights in or confer any benefits upon any person other than the parties hereto. This Agreement is binding upon and shall inure to the successors of each of the parties hereto. However, Customer shall not assign this Agreement without the express, written consent of OnTarget.sg.
15. Governing Law
a) This Agreement shall be construed and interpreted in accordance with, and be governed by the laws of the Republic of Singapore and the parties herein hereby expressly submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.This will not prevent DPB and / or OnTarget.sg from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of this Agreement, OnTarget.sg Service, or the OnTarget.sg Data in any other jurisdiction throughout the world.
Those Terms & Conditions herein shall be governed by, and construed in accordance with the laws of Singapore.
16.Anti-Corruption Policy
a) Customer warrants, undertakes and represents that it shall refrain from, and shall cause its employees, agents and subcontractors who perform the services to refrain from, paying or receiving any improper bribes, facilitation payments, gratuities or kickbacks.