Except as set forth in “Other agreements; software, services or access”, below, CAST Lab authorizes you to use the CAST Lab and/or CIPGI Websites only for your own personal, non-commercial purposes. Use of the CAST Lab and/or CIPGI Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. The CAST Lab and CIPGI Websites are protected under Singapore copyright laws. Any unauthorized use of the CAST Lab and CIPGI Websites may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the CAST Lab and/or CIPGI Websites and for paying all charges related thereto. When you register to open an account anywhere on the CAST Lab and/or CIPGI Websites, or when you contact CAST Lab and/or CIPGI through the CAST Lab and/or CIPGI Websites for the purpose of receiving products or services, CAST Lab and/or CIPGI may collect certain personal information about you.
You agree not to use the CAST Lab and/or CIPGI Websites (including, without limitation, any Materials or Services you may obtain through your use of the CAST Lab and/or CIPGI Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the CAST Lab and/or CIPGI Websites or servers or networks connected to the CAST Lab and/or CIPGI Websites. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the CAST Lab and/or CIPGI Websites; or (f) attempt to gain unauthorized access to any portion of the CAST Lab and/or CIPGI Websites or any other accounts, computer systems, or networks connected to the CAST Lab and/or CIPGI Websites, whether through hacking, password mining, or any other means. Any unauthorized access would be duly reported to the relevant Singapore authorities.
THE CAST LAB and CIPGI WEBSITES IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CAST LAB WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT CAST LAB, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. CAST LAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE CAST LAB AND/OR CIPGI WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAST LAB MAKES NO WARRANTY THAT THE CAST LAB WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE CAST LAB AND CIPGI WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE CAST LAB WEBSITES WILL BE CORRECTED. CAST LAB MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CAST LAB AND/OR CIPGI WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CAST LAB AND/OR CIPGI WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE CAST LAB WEBSITES OR FROM CAST LAB, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE CAST LAB PARTIES”) SHALL CREATE ANY WARRANTY. CAST LAB DISCLAIMS ALL EQUITABLE INDEMNITIES.
IN NO EVENT WILL ANY OF THE CAST LAB PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED SINGAPORE (SGD$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE CAST LAB AND CIPGI WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE CAST LAB WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY CAST LAB AND/OR CIPGI PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
CAST Lab reserves the right to modify, suspend, or discontinue the CAST Lab and/or CIPGI Websites at any time without notice to you. For example, CAST Lab and/or CIPGI may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and CAST Lab and/or CIPGI makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your CAST Lab and/or CIPGI business contact for information regarding the products, programs, and services that may be available to you.
Links on the CAST Lab and/or CIPGI Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the CAST Lab and/or CIPGI Websites. CAST Lab and/or CIPGI is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, CAST Lab and/or CIPGI does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the CAST Lab and/or CIPGI Network, you do this entirely at your own risk.
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
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CAST Lab and/or CIPGI and any other product or service name or slogan or logo contained in the CAST Lab and/or CIPGI Websites are trademarks of CAST Lab and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CAST Lab and/or CIPGI. Ownership of all such trademarks and the goodwill associated therewith remains with CAST Lab. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of CAST Lab without CAST Lab’s and/or CIPGI’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of CAST Lab and/or CIPGI and may not be copied, imitated, or used (in whole or in part) without CAST Lab’s and/or CIPGI’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by CAST Lab and/or CIPGI.
(1) The Test Report (“Report”) issued contains factual findings and readings arising from test(s) conducted on sample(s) of material(s) or product(s) supplied by the Client and is prepared for the sole and exclusive use of the Client. The Report does not represent CAST Laboratories Group’s (“CAST Laboratories”) opinion or view and is not in any way an endorsement, approval and commendation of or a confirmation on the quality, soundness, fitness, suitability or any characteristic or feature or use of the sample(s) tested or the material or product of which such sample(s) were taken from and tested. The Report is therefore not and shall not in any way be construed as a certificate of testimony of any mark, quality or standard of any sample tested or of any material or product represented by such sample(s).
(2) The Report is based on the actual material, product or the actual sample(s) (in its attendant state and condition) submitted to CAST Laboratories for testing and on the nature, scope and extent of the test(s) required by the Client.
(3) The Report does not represent that the form, substance, nature, quality, characteristics, state, condition and/or other features of the Client’s material(s) or product(s) are or would be in any way identical, equivalent and/or similar to or would resemble the sample(s) tested by CAST Laboratories. CAST Laboratories therefore do not assume responsibility or liability for any differences or variations in form, substance nature, quality, characteristics, state, condition and/or features between the Client’s material(s) or product(s) and the sample(s) thereof tested by CAST Laboratories.
(4) Save that reasonable diligence will be used in performing the test(s), inspection(s) or service(s) required by the Client, CAST Laboratories do not warrant the accuracy, soundness, reliability, suitability or any other matters in respect of any of its services rendered, facilities and equipment used and/or of the Report issued nor shall the same be implied. In no event shall CAST Laboratories be liable to the Client or any third party/parties for any consequential or collateral loss and/or damage, loss of life, personal injury, loss and/or damage to properly arising, whether directly or indirectly, from the use, reliance and/or reference to the Report.
(5) The Report or any part thereof shall not, without the prior written approval of CAST Laboratories, be referred to, contained or incorporated in any advertisement or in any publication or material available to the public or a section thereof.
(6) CAST Laboratories shall not disclose or release the Report or any part thereof or a copy of the same to any third party/parties unless with Client’s written authority and with full payment for the service(s) having been received by CAST Laboratories and that the requisite charges for such disclosure, release or copies thereof are paid by such third party/parties.
(7) The Report shall not be reproduced other than in full unless prior written approval of CAST Laboratories has been obtained for any specific partial reproduction.
(8) CAST Laboratories shall have the right at any time to amend, modify, revise or cancel (in whole or in part) the Report by reason of any error or unforeseen circumstance(s).
(9) For the avoidance of doubt and notwithstanding its issuance, the Report shall not be valid in any respect unless CAST Laboratories have received full payment from the Client within the stipulated period for the services rendered. CAST Laboratories may at its absolute discretion (but without any obligation to do so) notify the Client and/or any third party/parties of the invalidity of any Report and shall not in any way be liable to anyone, including the Client, for any loss or damage whatsoever and however suffered, whether directly or indirectly, in relying on such invalid Report or any part(s) thereof or on any reproduction of the same, whether or not there is such notification.
You agree to indemnify, defend, and hold harmless CAST Lab and/or CIPGI from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account) violation of these Terms. CAST Lab and/or CIPGI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CAST Lab’s and/or CIPGI’s defense of such claim.
When you visit the Site or send e-mails to CAST Lab and/or CIPGI, you are communicating with CAST Lab and/or CIPGI electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that CAST Lab and/or CIPGI provides to you electronically satisfy any legal requirement that such communications be in writing.
CAST Lab and/or CIPGI may, in its sole and absolute discretion, change these Terms from time to time. CAST Lab and/or CIPGI will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the CAST Lab and/or CIPGI Websites. Continued use of the CAST Lab and/or CIPGI Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the CAST Lab and/or CIPGI Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.