Terms and Conditions

Website and it's Contents.

Welcome to Protoking 2024!

These terms and conditions outline the rules and regulations for the use of Protoking Pte Ltd's Website, located at https://www.protoking.com.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Protoking 2024 if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Protoking, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Protoking Pte Ltd and/or its licensors own the intellectual property rights for all material on Protoking 2024. All intellectual property rights are reserved. You may access this from Protoking 2024 for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Copy or republish material from Protoking 2024

  • Sell, rent, or sub-license material from Protoking 2024

  • Reproduce, duplicate or copy material from Protoking 2024

  • Redistribute content from Protoking 2024

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Protoking Pte Ltd does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Protoking Pte Ltd, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Protoking Pte Ltd shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Protoking Pte Ltd reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

  • The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Protoking Pte Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • Commonly-known consumer and/or business information sources;

  • Dot.com community sites;

  • Associations or other groups representing charities;

  • Online directory distributors;

  • Internet portals;

  • Accounting, law, and consulting firms; and

  • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Protoking Pte Ltd; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Protoking Pte Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Protoking Pte Ltd's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury;

  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Terms and Conditions

Commercial Contract

Welcome to Protoking 2024!

1. OUR CONTRACT WITH YOU

1.1 These are the terms and conditions ("Terms") on which Protoking Pte Ltd (Company No: 201626846M) ("We/Us/Our") agree to supply to you the services or products (collectively the "Services") described overleaf ("Order").

1.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.

1.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in this clause 1. If We are unable to supply you with the Services, We will inform you of this in writing and We will not process the Order.

1.4 These Terms will become binding on you and Us when We contact you that We are able to provide you with the Services, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.

1.5 If any of these Terms conflict with any term of the Order, the term in the Order shall prevail.

2. CHANGES TO ORDER OR TERMS

2.1 We may revise these Terms from time to time.

2.2 If We have to revise these Terms under clause 2, We will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with the Terms.

2.3 You may make a change to the Order for Services at any time before We inform you of our acceptance of the Order by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 8.1 in these circumstances.

2.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 8.

3. PROVIDING SERVICES

3.1 We will make every effort to complete the Services in a timely manner. However, there may be delays due to an Event Outside Our Control. See clause 7 for Our responsibilities when an Event Outside Our Control happens.

3.2 If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked.

3.3 If you do not pay Us for the Services when you are supposed to as set out in clause 5.1, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 5.3). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 5.2.

3.4 We own the copyright, design right and all other intellectual property rights in the Services and any drafts, drawings or illustrations We make in connection with the Services for you. However, once full payment is made in accordance with clause 5.1, We will assign all intellectual property rights in the final version of the Products to you.

4. IF THERE IS A PROBLEM WITH THE SERVICES

4.1 In the unlikely event that there is any defect with the Services:

– (a) please contact Us and tell Us as soon as reasonably possible;

– (b) please give Us a reasonable opportunity to repair or fix any defect; and

– (c) We will use every effort to repair or fix the defect within a reasonable time

You will not have to pay for Us to repair or fix a defect with the Services under this clause 4.1.

5. PRICE AND PAYMENT

5.1 Where We are providing Services to you, We will ask you to make an advance payment which shall not exceed 100% of the price of the Services ordered. Your rights to a refund on cancellation are set out in clause 8. We will invoice you for the balance of the Services on or any time after We have performed or delivered the Services, whichever is the earlier. You must pay each invoice in cleared monies within 7 calendar days at the date of invoice.

5.2 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 5% a month. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

6. OUR LIABILITY TO YOU

Save as mandated by Singapore law, We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. EVENTS OUTSIDE OUR CONTROL

7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

7.2 An Event Outside Our Control means any act or event beyond Our reasonable control. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

– (a) We will contact you as soon as reasonably possible to notify you; and

– (b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

7.3 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 8. We will only cancel the contract if the Event Outside Our Control continues for longer than 10 weeks in accordance with Our cancellation rights in clause 8.

8. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

8.1 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 2.1 to your material disadvantage:

– (a) You may cancel any Order for Services at any time before our acceptance of the Order by contacting Us. We will confirm your cancellation in writing to you.

– (b) If you cancel an Order under clause 8.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

– (c) However, if you cancel an Order for Services under clause 8.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.

8.2 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 30 calendar days' notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.

8.3 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:

– (a) We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;

– (b) We go into liquidation or a receiver or an administrator is appointed over Our assets;

– (c) We are affected by an Event Outside Our Control.

9. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

9.1 If We have to cancel an Order for Services before the Services start:

– (a) We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.

– (b) If We have to cancel an Order under clause 9.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

9.2 Without prejudice to clause 9.1(b) above, once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

9.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:

– (a) you do not pay Us when you are supposed to as set out in clause 5.1. This does not affect Our right to charge you interest under clause 5.2; or

– (b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing. We shall, in such situations set out in this clause 9.3, be entitled to recover all Services provided and where applicable, terminate all relevant grants of exclusive licences.

10. OTHER IMPORTANT TERMS

10.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

10.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

10.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

10.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

10.6 These Terms are governed by Singapore law. You and We both agree to submit to the nonexclusive jurisdiction of the Singapore courts.

THANK YOU FOR AGREEING TO OUR TERMS AND CONDITIONS