MSQMZTH

Definitions
1. In these Terms of Use, unless the context otherwise requires, the following terms shall have the respective meanings indicated:
  
  “Account” means the User Account assigned to User upon registration pursuant to Clause 4;
  
  “Associate” means an authorised Associate of MSQM ZTH CO LTD;
  
  “Confidential Information” includes, but is not limited to, trade secrets, personal data, intellectual property rights, and any information that should be reasonably be recognised as confidential information;
  
  “Content” includes, but is not limited to, texts, photographs, images, illustrations, audio clips, video clips, files, photographs, logo’s, slogans or any other material that is published on the Website or any other website;
  
  “MSQM ZTH CO LTD”, “Our”, “Us” or “We “ refers to MSQM ZTH CO LTD, a company incorporated in Cambodia;
  
  “Intellectual Property Rights” includes, but is not limited to, service marks, trade marks, copyrights, trade and business names, rights in the nature of unfair competition rights and rights to sue for passing off, trade secrets, confidentiality, know-how and information used in or relating to the Services, the benefit of all licences, permissions and rights given or granted to MSQM ZTH CO LTD by third parties;
  
  “MSQM ZTH CO LTD Data” means MSQM ZTH CO LTD’s trade secrets, confidential information, intellectual property rights, and such other information that is proprietary to MSQM ZTH CO LTD;
  
  “Article Contributions” means articles, write-ups and other materials contributed by User for posting on MSQM ZTH CO LTD Academy;
  
  “Personal data” refers to any data, whether true or not, about an individual who can be identified (a) from that data or (b) from that data and other information that We have or are likely to have access, including data in Our records as may be updated from time to time. Such data includes names, addresses, telephone numbers, email addresses, bank account details;
  
  “Purpose” means the provision of the Services by MSQM ZTH CO LTD to Users.
  
  “Services” means provision of a platform to invest in real estate by bringing investors closer to property developers via the Website, offline or through such other means as is necessary to facilitate the Services;
  
  “Trade Secrets” refers to ideas, know how, show how, methods, techniques or processes that derives independent economic value from not being generally known to, and not being readily accessible persons who can obtain economic value from its disclosure or use.
  
  “User”, “ You ” or “Your” refers to the person using the Website whether as a visitor or as a registered member;
  
  “User Data” includes, but is not limited to, User’s personal information (confidential or otherwise), trade secrets and know how, User’s business, trade and financial information and such other information that is proprietary to User;
  
  “Website” or “Site” means this website: https://www.msqmzth.com/
2. In these Terms of Use:
  1. words importing the plural shall, except where the context otherwise requires, include the singular and vice versa;
  2. references to the masculine gender shall include the feminine or neuter genders and vice versa; and
  3. references to persons shall be construed as references to an individual, firm, company, body corporate, statutory board, government body, incorporated body of persons, association or trust as the context may require, and their respective successors in title and assigns.
Introduction
1. Your use of this Website shall be governed by these Terms of Use (the "Terms of Use"). By using the Services, You agree to be bound by these Terms of Use, Our Privacy Policy , and all applicable laws governing the same. By accessing the Website, You unconditionally accept the present Terms of Use in their entirety, and such Terms of Use shall become the basis of the User Agreement between You and MSQM ZTH CO LTD.
2. We may amend the Terms of Use at any time by posting a revised version of the Terms of Use (the “Revised Terms”) on the Website. Such Revised Terms shall be effective immediately upon posting. You should check these Terms of Use periodically for, and read carefully, any such Revised Terms. Your access to or continued use of the Website and Services after the effective date of the Revised Terms constitutes Your acceptance of the Revised Terms.
3. If a material change is made, We may notify You by email, a notice on the Website, or at such other places We deem appropriate. A "material change" will be determined at Our sole discretion, in good faith, using common sense and reasonable judgment.
4. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Acknowledgement of Acceptance
1. By clicking “Accept”, “Agree”, “Submit” or “Continue” when prompted in relation to these Terms of Use, or any transaction that is hosted by this Website, You shall be deemed to have read, understand and agreed to the terms and conditions of the Terms of Use or such transaction, and such act of clicking “Accept”, “Agree”, “Submit” or “Continue” shall also constitute an acceptance in accordance with Section 11 of the Electronic Transactions Act (Cap. 88).
Registration
1. As a condition of using certain aspects of the Website and Services, You will be required to register with MSQM ZTH CO LTD and select a UserID and password.
2. You shall provide accurate, complete, and updated registration information. We reserve the right to request for additional information or supporting documents to verify Your identity as well as such other particulars you provide during the registration process. If You are registering for or on behalf of a company or separate legal entity, You may be required to provide supporting documentary proof to substantiate (i) the existence of such company or legal entity and (ii) that You are duly authorised by such company or legal entity to register the Account and to represent it in any transaction.
3. You shall not use as Your UserID any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. We reserve the right, at Our sole discretion to refuse registration of, or cancel a UserID. A failure to comply with the foregoing may also result in the suspension or termination of Your Account.
4. You are solely responsible for activity that occurs on Your Account and shall be responsible for maintaining the confidentiality of Your password to Your Account. You shall never use another User Account. You shall immediately notify MSQM ZTH CO LTD in writing of any unauthorized use of Your account, or other known Account-related security breach.
5. We shall not be liable for any losses or damages incurred as a result of Your Account details being shared by You . If You use a shared computer, it is recommended that You do not save Your Account details in Your internet browser.
6. If You have reason to believe that Your Account details have been obtained by another without consent, You should contact Us immediately to suspend Your Account.
Personal Information
1. You warrant that all personal particulars and information provided in the creation of Your Account are complete, true and accurate. You shall ensure that such personal particulars and information are kept updated in Your User profile.
2. You are responsible for any and all activity that occurs on Your Account and You are solely responsible for ensuring the security of Your Account. You shall be liable for any and all loss or damage (whether direct or indirect) that We may suffer as a result of any authorised or unauthorised use of Your Account. We will not be liable for any loss or damage to You or any third party caused by any unauthorised use of Your Account.
3. You hereby agree that in respect of any personal information that You have submitted to Us , We are entitled to use such information:
  1. in furtherance of the Services or any transactions that You wish to participate in, or are a party to;
  2. for record purposes and verification of Your personal particulars including comparing it with information from other sources and using such information to communicate with You;
  3. to conduct statistical analysis of the users of Website including (but not limited to) the number of Users, frequency of use, profile of users and using such analysis for Our business plans, the enhancement of Our services and conveying such information in general terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with MSQM ZTH CO LTD ;
  4. to keep You informed via e-mail and electronic newsletters regarding the Services and other products and services that may be of interest to You;
  5. to comply with any request from any third party or any Order of Court or directive from authorities investigating any alleged offence, misdeeds and/or abuse or for the purposes of taking legal action against any Users.
4. You hereby release MSQM ZTH CO LTD from and against any and all claims, suits, liabilities, or damages which You may sustain in connection with Your particulars or information being used in the manner set out in this Clause.
Content
1. Whilst We make reasonable efforts to ensure that the Content on the Website is complete, accurate, and up-to-date, We do not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
2. You hereby acknowledge that the Content on the Website is intended to be useful information to You of the opportunities that are available for participation. You shall not rely on any information, images warranties and representations contained in the Site in coming to Your decision to participate. Nothing contained in this Site shall constitute an endorsement by MSQM ZTH CO LTD that any opportunity is suitable for You.
3. Under no circumstances shall MSQM ZTH CO LTD, its directors, employees, servants, or agents be responsible or liable to You or anyone else for any decision made or action taken in reliance upon the Content of the Website or for any direct, indirect, incidental, special or general, consequential or other damages whatsoever, even if advised of the possibility of such damages.
4. We recommend that You always exercise due diligence and care and obtain independent legal and financial advice when deciding whether to participate. Please contact Our authorised Associates for further information or if You wish to participate in any of the opportunities.
Personal Data
1. We may collect and use personal data belonging to You in accordance with the provisions of the Personal Data Protection Act 2012 (the “PDPA”).
2. You hereby consent to MSQM ZTH CO LTD collecting, using or disclosing the personal data in furtherance of the Purpose.
3. We agree and warrant that:
  1. the personal data will be kept strictly confidential and will be processed and used solely for the Purpose;
  2. the processing and transfer of personal data will be in accordance with the provisions of the PDPA; and
  3. We shall notify You of any request for disclosure received from any authority or individual.
4. We shall:
  1. implement appropriate security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access;
  2. keep the personal data collected only for as long as is necessary for the Purpose or as is required by the applicable law, whichever is later.
5. We may disclose or transfer the personal data to Our service providers providing services that are necessary for the Purpose. In such event We shall procure Our service providers to keep the personal data confidential and to use the same strictly in accordance with Our directions.
Proprietary Rights
1. MSQM ZTH CO LTD shall retain all ownership, rights, title and interests in the MSQM ZTH CO LTD Data. You shall retain all ownership, rights, title and interests in Your User Data. You hereby grant MSQM ZTH CO LTD the licence to process, transmit, publish, display or use Your User Data in such manner as is necessary for Us to perform the Services.
Trade Marks, Copyrights and Restriction
1. All Content on the Website, unless otherwise stated are proprietary to, or is licensed by MSQM ZTH CO LTD. Such Content is protected by copyrights, trademarks, service marks, and/or other intellectual property rights that are governed by Singapore and worldwide copyright laws.
2. Subject to the ownership rights of third parties in the Article Contributions, all Intellectual Property Rights subsisting in such Article Contributions shall remain the property of the User creating it. User, as contributor of Article Contributions, shall grant MSQM ZTH CO LTD a perpetual, non-exclusive, worldwide, royalty-free licence to make available, display, publish, distribute and promote the Article Contributions via the MSQM ZTH CO LTD Academy, newsletters, emails or such other manner that MSQM ZTH CO LTD considers expedient. Article Contributions are provided on a non-confidential basis.
3. User, as contributor of Article Contributions, shall be responsible for the enforcement of all intellectual property rights in the Article Contributions. Under no circumstances will MSQM ZTH CO LTD be a party to or assist in any intellectual property claims that User may wish to pursue against another party for the infringement of the intellectual property rights subsisting in the Article Contributions.
4. The names, trade marks, service marks and logos appearing on the Website are the registered or unregistered Trade Marks of MSQM ZTH CO LTD or its affiliates, Associates, business partners or service providers (collectively the "Trade Marks"). Nothing in these Terms of Use shall be construed as granting to You (by implication, estoppel or otherwise) any license or right to use any Trade Marks.
5. You shall not without Our prior written approval:
  1. use the Trade Marks in relation to any product, service, merchandise or website;
  2. copy, reproduce, adapt, modify, distribute, publish, post, or otherwise use or exploit any Content, including Article Contributions, on the Website in any way or for any purpose;
  3. distribute or make any part of the Website available over any other website or any network;
  4. hyperlink or in-link the Website and/or Trade Marks to any website;
  5. frame or otherwise incorporate into another website any of the Content or other materials on the Website.
6. Whilst You may use the Trade Marks or the Website in a descriptive manner, You shall not refer to the Trade Marks or the Website in any way to suggest that You or Your website is affiliated to or is endorsed by MSQM ZTH CO LTD, its Associates, affiliates, business partners or service providers.
Acceptable Usage Policy
1. You may only use Website in a manner that is lawful and ensure that You comply fully with any and all local, national or international laws and/or regulations.
2. You shall not:
  1. upload, post or otherwise transmit any information, content, or proprietary rights that You do not have a right to transmit;
  2. post or transmit any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material
  3. attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising any part of the Website;
  4. use the Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  5. attempt to gain unauthorised access to any part of Website, the server on which Website is stored, or any other server, computer, or database connected to Website.
  6. attack the Website by means of a denial of service attack, a distributed denial of service attack, spam, or by any other means;
  7. use the Website in any way or for any purpose that is illegal, fraudulent or intended to harm any person or persons in any way.
3. By breaching the provisions of this Clause, You may be committing a criminal offence under the Computer Misuse and Cybersecurity Act (Cap. 50A). We will report such breaches to the relevant authorities and We will cooperate fully with those authorities by disclosing Your identity to them.
4. We reserve the right to suspend or terminate Your access to Website if You materially breach the provisions of this Clause or any of the other provisions of these Terms of Use. Without prejudice to the foregoing, We reserve the right to take one or more of the following actions:
  1. issue You with a written warning;
  2. take legal proceedings against You;
  3. any other actions which We deem reasonably appropriate (and lawful).
5. We exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
Article Contributions
1. When submitting Article Contributions for the MSQM ZTH CO LTD Academy, You shall observe the following rules:
  1. You shall not use obscene or vulgar language;
  2. the means by which You identify Yourself must not violate these Terms of Use or the applicable law;
  3. You shall not submit Article Contributions that are unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, libelous or defamatory, ageist, sexist, racist or is intended to promote or incite violence;
  4. it is advised that Article Contributions should be in the English language as We may be unable to entertain submissions in any other languages; and
  5. You shall not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental.
2. We retain the right to exercise Our sole discretion to remove or relocate any Article Contributions as We deem appropriate without Your consent. We shall be under no obligation to exercise such discretion. If You wish to request for the removal of an Article Contribution, please submit Your request to Us.
3. By submitting the Article Contributions, You warrant and represent that You are the author and owner of or have all the necessary licences, rights, consents and permissions to authorise MSQM ZTH CO LTD and its Users to use the Article Contributions
4. of such Article Contributions or that You have the rights or have obtained the necessary consent to deal with the Article Contributions in the manner contemplated in this Terms of Use. MSQM ZTH CO LTD shall not be responsible or for any infringement of third party rights by such Article Contributions.
5. You shall indemnify and keep indemnified MSQM ZTH CO LTD, its directors, employees, servants and agents against all losses, damages, costs (including legal costs on an indemnity basis) and interest suffered or incurred as a result of Your breach of the terms in this Clause.
6. When reading or accessing the Contents of the MSQM ZTH CO LTD Academy, You agree that:
  1. You will be exposed to Content from a variety of sources, and that MSQM ZTH CO LTD, its Associates, affiliates, officers, agents, or attorneys are not responsible for the accuracy, usefulness, or Intellectual Property Rights of or relating to Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MSQM ZTH CO LTD with respect thereto.
  2. the views, opinions, recommendations or advice expressed in any Article Contributions are those of the authors. MSQM ZTH CO LTD shall not be deemed to agree or endorse such views, opinions, recommendations or advice and MSQM ZTH CO LTD expressly disclaims any and all liability in connection with the Article Contributions;
  3. the Content in the MSQM ZTH CO LTD Academy are provided for information purposes only and is not intended to constitute advice of any form and You shall not rely upon the Article Contributions when making any decisions or taking any action of any kind. Your use of any information, or any aspect of any Content in the MSQM ZTH CO LTD Academy is entirely at Your own risk, for which MSQM ZTH CO LTD shall not be liable.
Links to Third Party Sites
1. The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are provided for Your convenience and information only and, as such, You access them at Your own risk. The Content of any Linked Sites is not under Our control. We are not responsible for, and do not endorse, such Content, whether or not We are affiliated with the owners of such Linked Sites.
Disclaimers
1. The Website and Service are provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
2. No Content in the Website shall constitute financial, legal or risk assessment advice on which You should rely. It is provided for general information purposes only. You should always seek independent professional or specialist advice before participating in any transaction, whether as a Fund Seeker or Investor.
3. We make no representation, warranty, or guarantee that Website will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
4. Whilst We take all reasonable steps to ensure that the Website is secure and free from viruses and other malware, We do not guarantee that the Website is secure or free from viruses or other malware and will not accept any liability in this regard. You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other internet security risks.
Our Liability
1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content included on the Website.
2. We shall not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage even if We have been advised of the possibility of such damage.
3. We shall not accept any liability arising out of any disruption or non-availability of Website due to external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Limitation of Liability
1. Our aggregate liability for any damages incurred in connection with these Terms of Use, whether in contract or tort (including negligence but excluding gross negligence or willful misconduct), or strict liability shall not exceed three (3) times the amount of any fees that an Investor or Fund Seeker may pay Us pursuant to any Participation Agreement or Funding Agreement.
Indemnity
1. You shall indemnify and keep harmless MSQM ZTH CO LTD, its Associates, affiliates, business partners or service providers from and against any and all claims, losses, damages, costs (including legal costs on an indemnity basis) and expenses arising out of or in connection with (i) Your access or use of Website and Services; (ii) any breach of the terms of these Terms of Use, or any policies, rules and regulations governing the use of the Website and Services; or (iii) any infringement of any third party rights.
2. In addition, We may use whatever information that is available about You to stop any such breach or any unlawful or inappropriate use of the Website and Services, including informing any third party We deem appropriate of such breach or use and/or disclosing Your personal information to such third party .
Termination/suspension of account/use of Services
1. We reserve the right to suspend (whether temporarily or permanently) or terminate Your account and/or Your use of the Services with or without notice to You if We consider, in Our sole discretion, that You are in breach of the terms of these Terms of Use, or any of its policies, rules and regulations governing the use of the Website and Services.
2. We shall not be liable to You for such suspension or termination. If Your account is terminated or cancelled for any reason whatsoever, You shall not be entitled to any compensation whatsoever. For the avoidance of doubt, the suspension or termination shall not prejudice Our rights against You for the breach of these terms, for any amounts due or other obligations accrued prior to such suspension or termination. This Clause shall survive the termination of this User Agreement.
Cooperation with Authorities and Police Enforcement
1. We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Communication
1. Each notice or other communication given or made under this Agreement shall:
  1. be in writing delivered by prepaid first-class post, or by e-mail;
  2. be in writing delivered by prepaid first-class post, or by e-mail;
  3. be sent to You at the address/e-mail stated in Your User Profile and, in the case of MSQM ZTH CO LTD, to the following address:
    Address : 390 Orchard Road, #14-04 Palais Renaissance , Singapore 238871
    E-mail : [insert email address here]
Assignment
1. The Terms of User, any User Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by MSQM ZTH CO LTD without restriction or consent.
Remedies
1. The remedies conferred by the provisions of these Terms of Use shall be in addition to any other remedy that is available to Us at law or in equity. The election of any one or more of such remedies on Our part shall not constitute a waiver by Us of the right to pursue any other available remedy.
Severability
1. If any Clause or part of a Clause of these Terms of Use shall be, or be found by any authority or Court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Terms of Use, all of which shall remain in full force and effect.
Waiver
1. No failure or delay on Our part to exercise any right, power or remedy under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver on Our part of any breach by You of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.
Third Parties’ Rights
1. A person who is not a party to this User Agreement shall not have or acquire any right to enforce any term of this User Agreement (including, but not limited to, any right to enforce or have the benefit of any exclusion or limitation of liability contained in this User Agreement) under the Contract (Right of Third Parties) Act, Chapter 53B of Singapore. This Clause shall override any other Clause in this User Agreement that is or may be inconsistent with it.
Governing Law and Submission to Jurisdiction
1. The validity, construction and performance of these Terms of Use shall be governed by and interpreted in accordance with the laws of Singapore, and You hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Singapore.

Terms of Use

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