Terms and Conditions
Pre Condition To Use: Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use ACMS’s website and download documents then ACMS will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and ACMS’s rights and obligations to each other.
Amendment of Terms: ACMS reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the documents on the website.
Limitation On ACMS’s Liability: It is an essential pre-condition to you using ACMS’s website that you agree and accept that ACMS is not legally responsible for any loss or damage you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the site is at your own risk.
Links To Other Websites: ACMS has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between ACMS and the owners of those websites. ACMS takes no responsibility for any of the content found on the linked websites. ACMS’s website may contain information provided by third parties. ACMS accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Trade Practices Act: For the purposes of Sections 68 and 69 of the Trade Practices Act 1974 (Cth), ACMS’s liability for any breach of a term of this agreement is limited to:
(i) the supplying to you of the services again; or
(ii) the payment of the costs of having the services supplied to you again.
Express Disclaimers: To the fullest extent permitted by law, ACMS absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. ACMS gives no warranty that the documents will be free of errors, or that defects will be corrected, or that ACMS’s website or its server is free of viruses or any other harmful components. ACMS does not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of ACMS to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you.
Your Privacy: ACMS respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our Privacy Policy carefully. Furthermore, all of the customer data ACMS collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Third Parties Can Not Use Your Information: ACMS does not sell or deal in personal or customer information. ACMS may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. ACMS may use the information that you provide to improve its website and its services.
ACMS May Disclose: ACMS may disclose information in good faith and where ACMS is required to do so:
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements; or
(iii) to protect the rights, property or safety of ACMS, its customers or third parties.
Exclusion of Competitors: If you are in the business of advertising via information kiosks in Singapore or elsewhere then you are deemed to be a competitor of ACMS and TouchSub. ACMS expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then ACMS will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. ACMS reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Copyright And Restriction of Use: You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website. You are permitted to download a copy of the documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. ACMS expressly reserves all copyright in its website and in all documents and information on its website.
Trademarks and Restriction of Use: You are not permitted to use any trade marks, tradenames, graphics or designs that are on ACMS’s website. If you breach ACMS’s trade marks then ACMS reserve the right to take action against you.
Whole Agreement: These terms and conditions represent the whole agreement between you and ACMS concerning your use and access to ACMS’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
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