Legal

EdgeNext International Website Terms and Conditions of Use (v1.0)

Last Updated: September 30, 2022

Welcome to visit EdgeNext International Website!

These Terms and Conditions of Use of EdgeNext International Website (hereinafter referred to as “these Terms and Conditions”) apply to the terms and conditions of your access to and use of EdgeNext International Website (www.edgenext.com, hereinafter referred to as “EdgeNext International Website”). These Terms and Conditions is a legally binding agreement between you as a user of EdgeNext International Website (hereinafter referred to as “You”) and the entities listed in Article 2 of these Terms and Conditions (hereinafter referred to as “We”, “Our”, “Us”, or “EdgeNext”).

1. Application of These Terms and Conditions

1.1 Your use of the EdgeNext International Website and the affiliated products and services on this website (hereinafter collectively referred to as the “EdgeNext Services”) shall be bound by these Terms and Conditions and the following conditions:

(a) Membership Agreement of EdgeNext International Website;

(b) Product Terms and SLA of EdgeNext International Website;

(c) Privacy Policy;

(d) Customer Data Protection Policy; and

(e) Any other instructions, rules and policies published from time to time on the EdgeNext International Website (collectively referred to as the “Terms”).

1.2  By visiting EdgeNext International Website or using the EdgeNext Services, You agree to accept and be bound by these Terms and Conditions. And you acknowledge that We can update any Terms and Conditions at any time by posting the relevant changes to the Terms and Conditions on EdgeNext International Website. By continuing to use EdgeNext Services, You agree to be bound by the Terms and Conditions as amended.

1.3  If You use or purchase a specific service on the EdgeNext International Website, You shall be liable to confirm the Terms of Service corresponding to the specific service; Please read carefully, fully understand, and choose to accept or not accept the Terms of Service. In the event of any conflict or inconsistency between these Terms and Conditions and the Terms of Service, the Terms of Service shall prevail over these Terms and Conditions to the extent of the conflict or inconsistency.

1.4  EdgeNext shall be entitled to transfer and/or change, in whole or in part, any of these Terms and Conditions (including any of Our rights, ownership, interests, obligations and responsibilities under these Terms and Conditions) to any person or entity (including any of EdgeNext’s affiliates). EdgeNext may request changes to these Terms and Conditions or any other part by sending You a written notice (including in-site letter, mail, SMS, etc.), and You hereby irrevocably agree to any such changes or transfer.

2. Provision of the Services

2.1  The legal subject of EdgeNext contracting with You is LEGEND DYNASTY PTE. LTD. You must register an account on the EdgeNext International Website to purchase and use products and services.

2.2  If EdgeNext believes that You have violated these Terms and Conditions, EdgeNext shall be entitled to restrict, suspend or terminate Your access to or use of EdgeNext International Website or certain Services (including any functions in the Services).

2.3  The Services (or any feature in any of the Services) may vary in different regions and countries. EdgeNext does not guarantee or represent that certain service or its features or functions or the same type and degree of service or its features and functions will be available in all countries and regions or to all users. EdgeNext may restrict, deny or establish different levels of access to and use of any Service (or any of its features) for different users at its own discretion.

3. Website Services and Specifications

3.1  You shall be entitled to enjoy the Internet technical services and information services provided by EdgeNext through the EdgeNext International Website. And You shall also perform obligations such as timely payment in accordance with these Terms and Conditions, other relevant terms and agreements confirmed by You at the time of purchasing certain Services, and rules and specifications of the EdgeNext International Website.

3.2  With regard to the contents provided through EdgeNext Services, You agree that you will not:

(a)   post any information or content that violates the laws and regulations, political propaganda/advocacy or news of any applicable country/region;

(b)  post any information that involves state secrets or security;

(c)   post any information that involves obscenity, pornography, indecency, violence or information that has (may have) the effect of abetting, leading to the commission of a crime or affecting the lives of persons;

(d)  post any information that violates national (regional) ethnic and religious policies;

(e)   infringe the rights of any person, including but not limited to the rights of others to privacy, copyright, trade secret protection, patents or other intellectual property rights or similar laws or regulations;

(g)  post other information or content that infringes on the legitimate rights and interests of others or is detrimental to social order, public order, public interest or morality, or violates the relevant rules of these Terms and Conditions/the EdgeNext International Website; and

(f)   otherwise do any act or matter that EdgeNext may deem to constitute network abuse of any System.

3.3  Electronic Commercial Information

(a)You agree that You will not disseminate, send or assist in sending any unsolicited electronic commercial information, or engage in any form of spam, violate the laws and regulations of any relevant jurisdiction, or otherwise do any act or matter that EdgeNext believes constitutes an abuse of promotional and marketing information.

(b)You agree that we may send you electronic commercial information via email about services, features or events that may be of interest to you. If you do not wish to receive such information, you may unsubscribe using the path provided in the email or by contacting us directly.

3.4  You acknowledge and agree that by disclosing and/or submitting any information to Us, You warrant that You have full power, right and authority to disclose and/or submit such information and that the use of such information in accordance with these Terms and Conditions of Use will not expose Us to any claim, liability or prosecution.

3.5  Except as set out in the Privacy Policy in relation to Personal Data, for any data or information (other than the Personal Data) that You provide to Us for processing, storage, hosting or in connection with Your purchase and use of our Services (hereinafter referred to as the “Information”), You agree that:

(a)   the Information You provide to Us will be transferred to, stored and processed in the country/region where We, Our affiliates or Our subcontractors maintain facilities for the Services, except as otherwise provided below. This may differ from Your jurisdiction and, therefore, the Information may need to be transferred to overseas jurisdictions.

(b)  You acknowledge and agree that any such overseas transfer or processing of the Information is necessary to process and administer Your customer account and provide the Services, and You agree to do so. You further agree and permit EdgeNext to handle the Information on Your behalf in accordance with these Terms and Conditions of Use and/or the Membership Agreement of EdgeNext International Website, and You designate Us to transfer the Information to any such country/region and store and process the Information for the provision of Our Services.

(c)   You acknowledge and agree that information relating to Your payment instrument (such as a credit card), including information about Your payment instrument organization, the last digits of Your payment instrument number, the security code and the expiration date of Your payment instrument, will be transferred, stored and processed directly by Our third party payment service providers so that they can process Your payment transactions, and that We do not generally store any of the Information.

(d)  with regard to any other information, You provide to Us or We collect, include information provided upon registration, information recorded by Us relating to Your activities and information provided voluntarily by You, which You acknowledge and agree that We may store and/or transfer to any of Our affiliates, including affiliates located in other countries/regions, in Our business judgment.

(e)   We shall not disclose the Information outside of Ourselves, Our affiliates or Our third party service providers unless: i) You have asked us to do so; ii) Your end user has given us permission to do so; iii) it is permitted under these Terms and Conditions of Use or under any agreement between You and Us; or iv) it is legally required by applicable law, legal proceedings or governmental request, or in connection with any claim or potential claim against Us or Our shareholders, subsidiaries or affiliates.

3.7  You agree and confirm that We have the right to specify the domain name or URL for Your access to the Services and/or the EdgeNext International Website at any time. It is Your responsibility, at your own expense, to implement any necessary changes in a timely manner so that Your system can interface with them.

3.8  You agree not to:

a. take any action that undermines the integrity of the computer or communications system, network, software application or network and computing device associated with the Services and/or any other user (each, a “System”), or to have unauthorized access to any System;

b. monitor or scrape data or traffic on any System without Our permission;

c. detect, test, or scan for vulnerabilities in any System or for violations of any security or authentication measures associated therewith;

d. forgery of Your originals, including forgery of TCP-IP packet headers, e-mail headers, or any part of any message describing its origin or route; or

e. otherwise conduct any act or matter that We believe may undermine the security of any System.

3.9  You agree not to:

a.engage in any Denial of Service (DoS) attack, Distributed Denial of Service (DDoS) attack or any other form of cyber-attack;

b.engage in any activities that may interfere with the normal operation of any System; including mail/news bombardment, public opinion attack and any other related network interference technology;

c.operate any network services, such as open proxy, open mail relay, open recursive domain name server, etc.; or

d.otherwise commit any act or matter that We believe constitutes an abuse of the network of any System.

4. User Violations

EdgeNext reserves the right to delete, modify or reject at its sole discretion any content submitted, posted or displayed by You on EdgeNext International Website that We believe is illegal, violates these Terms and Conditions or may make EdgeNext or Our affiliates liable. EdgeNext reserves the right to take such actions as it deems appropriate at its own discretion, including but not limited to sending You a written warning, deleting any user content You submit or post on the relevant features/functions of EdgeNext International Website or the Services, recovering losses or other monetary compensation from You, suspending or terminating Your account in EdgeNext, or suspending Your subscription to any Service. EdgeNext also reserves the right to restrict, refuse or prohibit You from using any other Services provided by EdgeNext in the future.

5. Limitation of Liability

5.1  To the maximum extent permitted by applicable law, the Services is provided “as is”, “available” and “no guarantee of flawless goods”. EdgeNext hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose and non-infringement, or that the Services will be uninterrupted, error-free, free of harmful components, secure, or free from damage or loss of function or data. To the maximum extent permitted by applicable law, EdgeNext makes no representations or warranties as to the validity, accuracy, correctness, reliability, quality, stability, completeness or timeliness of any Information provided on or through the Services; EdgeNext makes no representations or warranties that the manufacture, import, export, distribution, offer, display, purchase, sale and/or use of products or services provided or displayed through the Services will not infringe upon the rights of any third party; and EdgeNext makes no representations or warranties of any kind with respect to any products or services provided or displayed through the Services. Any materials downloaded or otherwise obtained through the Services are at Your sole discretion and risk, and You are solely responsible for any damage to Your system or loss of data that may result from the download of any such materials. Any advice or information You receive from EdgeNext or through or from the Services, whether oral or written, does not give rise to any warranty not expressly stated herein. Save for any warranties, representations, conditions and undertakings expressly specified in these Terms and Conditions, EdgeNext hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted by applicable law.

5.2  You understand and agree that You are liable for any third-party claims arising from Your use of the Services, breach of these Terms and Conditions or any action taken under Your account. If EdgeNext and any of its affiliate, employee, customer or partner is claimed by any third party, You shall be liable for handling and compensating EdgeNext and its affiliates for any and all losses and responsibilities incurred therefrom.

5.3  To the extent permitted by applicable law, EdgeNext shall not be liable for any indirect, punitive, special or derivative losses related to or arising from this Service Agreement. EdgeNext hereby reminds us that You should abide by the applicable national or regional laws during the use of Our Services, and must not endanger network security, and must not use Our Services to engage in activities that infringe on the reputation, privacy, intellectual property rights and other legitimate rights and interests of others. EdgeNext shall not be liable for any illegal or breach of contract in Your use of EdgeNext Services. If you obtain products or services from other third parties by using EdgeNext Services. As We do not control such websites and resources, You acknowledge and agree that EdgeNext is not liable for the availability of such external websites or resources, and does not recognize or be responsible for any content, advertisements, products, materials or any content originating from such websites or resources. You further acknowledge and agree that EdgeNext shall not be liable for any direct or indirect losses caused by using or relying on any such content.

5.4  The limitations and exclusions of Your liability set out in these Terms and Conditions shall apply to the maximum extent permitted by law and shall apply to whether EdgeNext was informed or should have known that any such loss may arise.

6. Notification and Procedure for Filing Claims for Copyright Infringement

6.1  If You believe that Your work has been copied and which constitutes copyright infringement, You may give Us a written notice and provide all the details stipulated in PART 6 to the Singapore Copyright Act 2021, Clause 323, Our contact details are as follows:

1 PICKERING STREET #08 GREAT EASTERN CENTRE SINGAPORE (048659)

Tel: +65 68718812

6.2  We will only process Chinese/English notices that comply with the Singapore Copyright Act, other applicable laws and these Terms and Conditions of Use. Any notice that fails to comply with the above will be rejected.

6.3  Upon receipt of a compliant infringement notice, We will give due consideration to the relevant infringement notice in the above manner and may take further measures depending on the nature of the alleged infringement described in the notice, which may include matters applicable to the Internet Service Provider as described in the Singapore Copyright Act. You agree that You will not take any legal action or any legal remedy against Us with respect to any infringing materials without first notifying Us and giving Us sufficient opportunity to remove it and before We refuse or fail to remove the allegedly infringing materials within the reasonable time limit. If We remove any allegedly infringing material pursuant to Your notice of infringement, You agree not to exercise and hereby waive any rights of action You may have under applicable law against Us prior to Our removal of such content.

7. Intellectual Property Rights (IPRs)

7.1  The IPRs on the LOGO of EdgeNext International Website, “EdgeNext” and other words, graphics and combinations thereof, as well as other logos and emblems of EdgeNext International Website, names of EdgeNext Services, technical documents, etc. shall be the property of EdgeNext and its affiliates.

7.2  The IPRs on all products, services, technologies and all procedures (hereinafter collectively referred to as the “Technical Services”) of the EdgeNext website shall be the property of EdgeNext or its rights holders.

7.3  We will not use, modify, reproduce, publicly distribute, alter, disseminate, distribute or publicly publish the results in which You own IPRs without your consent.

7.4  “Intellectual Property Rights” refers to:

(a)   all rights, ownership and interests in all intellectual property, including any and all copyrights, patents, trademarks, service trademarks, logos, images, trade names, Internet domain names, design rights, computer software rights, database rights, utility models and proprietary technology rights, etc., in each case, whether registrable or not, including any application for registration, and all rights or forms of protection with equal or similar effect anywhere in the world, on all platforms and media, whether now known or invented in the future;

(b)  all rights under any license, consent, order, statute or other rights relating to any of the rights referred to in subparagraph (a) above;

(c)   all rights of the same or similar effect or nature as sub-paragraphs (a) and (b) existing or likely to exist in the future;

(d)  all rights in revenue, royalties, damages, claims and sums due or payable now or hereafter; and

(e)   all rights to sue, either in law or in equity, for past or future violations of any of the foregoing rights.

8. Miscellaneous

8.1  These Terms and Conditions constitute the complete agreement between You and EdgeNext regarding the use of the Services and govern the use of the Services, and supersede any prior written or oral agreements between the Parties with respect to the subject matter hereof.

8.2  For the purposes of these Terms and Conditions, the headings are for convenience only and shall have no legal or contractual effect.

8.3  You and EdgeNext are independent legal entities, and these Terms and Conditions are not intended to create any agency, partnership, joint venture, employee-employer or franchisee-franchisee relationship between You and EdgeNext.

8.4  If any provision of these Terms and Conditions is held to be invalid, void or unenforceable, such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.

8.5  EdgeNext’s failure to act or exercise its rights with respect to a user’s violation of these Terms and Conditions does not constitute a waiver of EdgeNext’s right to exercise such rights with respect to the user or a waiver of EdgeNext’s right to act with respect to subsequent or similar violations by the user.

8.6  You may not delegate, assign, sub-license or subcontract any rights and/or obligations under these Terms and Conditions to any third party without the prior written consent of EdgeNext.

8.7  Unless a right or remedy of You or EdgeNext is expressly defined as an exclusive right or remedy, the exercise of that right or remedy by either Party shall not affect or impair other legal and/or equitable rights and remedy of either Party.

8.8  You shall do and execute or cause to be done and executed all such further acts, covenants, matters and documents as may be necessary to give effect to the terms of this Agreement.

8.9  Except for EdgeNext and its affiliates, no person who is not a party to this Agreement shall be entitled to execute any of the terms of this Agreement under the Contracts (Rights of Third Parties) Act (2021 Rev Ed).

8.10 Unless otherwise agreed, for the sake of the professionalism of the services, EdgeNext may entrust its affiliates or other legal entities to provide You with one or more specific Services on the EdgeNext Website, and You may enter into relevant terms or conditions with such companies, please carefully read and fully understand the terms and conditions, and choose to accept or not accept such terms and conditions.

8.11 Except as otherwise provided in the relevant terms of the EdgeNext Services, in no event shall EdgeNext be liable for damages for any delay, failure, interruption or inability to function properly of the Content or Services delivered through the EdgeNext International Website and/or the EdgeNext Services, as a result of natural acts, forces, causes or unexpected events beyond Our reasonable control, including but not limited to natural disasters, strikes, riots, wars, government actions, orders of domestic or foreign courts, and other factors; public service factors such as power supply failures, communication network failures, computer viruses, and network attacks; and EdgeNext System maintenance with advance announcement or notification.

9. Jurisdictional Law and Dispute Settlement

These Terms and Conditions shall be governed by the laws of Singapore without regard to its conflict of law provisions. The Parties hereto accept that the dispute shall be submitted to and ultimately settled through arbitration by the Singapore International Arbitration Center (hereinafter referred to as the “SIAC”) in accordance with the Singapore International Arbitration Center Arbitration Rules (hereinafter referred to as the “SIAC Rules” then in force.

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