Terms and Conditions of Use of GDS Website
4. All materials contained in this Site (“the Contents”), including without limitation text, images, music, computer programmes and all other kinds of works, are protected by applicable copyright, trademark and/or other intellectual property laws. All titles, rights and/or interests in the Contents are owned by, licensed to or controlled by GDS.
Restrictions on Use
6. You may use, hyperlink, copy and distribute the Contents found on this Site for personal, internal, non-commercial, informational, educational, compliance and/or training purposes only. You may download copies of the Contents onto a computer for such purposes provided that you keep intact all accompanying copyright and other proprietary notices. Except as so permitted, you may not display, distribute or otherwise use any of the Contents found on this Site for monetary compensation unless you have obtained specific prior written permission from GDS.
6A. If you distribute or otherwise share the Contents, you must:
(a) retain the following, to the extent they are supplied by GDS with the Contents:
i. identification of the creator(s) of the Contents and any others designated to receive attribution;
ii. a copyright notice; and
8. Modification of any of the Contents or use of the Contents for any other purpose will be a violation of GDS’s copyright and other intellectual property rights. Graphics and images on this Site are protected by copyright and may not be reproduced or appropriated in any manner without the prior written permission of their respective copyright owners.
9. The design and layout of this Site is protected by intellectual property and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or search engine from this Site may be copied or transmitted unless with the prior express permission of GDS.
Disclaimer of Warranties and Liability
10. The Contents of this Site are provided on an “as-is” basis. While GDS has made every reasonable effort to ensure that the Contents on this Site have been obtained from reliable sources, GDS does not make any representations or warranties whatsoever, and to the fullest extent permitted by law, GDS hereby disclaims all express, implied and/or statutory warranties of any kind to you or any third party, howsoever arising and whether arising from usage or custom or trade or by operation of law or otherwise, including without limitation to:
(a) any representations or warranties as to the accuracy, completeness, correctness, currency, reliability, timeliness, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Contents of this Site; and
(b) any representations or warranties that the Contents and functions available on this Site shall be error-free or shall be available without delay or interruption, or that any defect on this Site shall be rectified or corrected, or that this Site, the Contents and the hosting servers are and will be free of all viruses, other malicious, destructive or corrupting code, programme or macro, and/or any other harmful elements.
11. GDS shall not be responsible or liable to you or any third party for any errors or omissions, or for the results obtained or consequences arising from the use of any of the Contents, any damage or loss whatsoever and howsoever caused, including without limitation, any direct or indirect, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software, server or any other kind of property, howsoever arising directly or indirectly from:
(a) your access to or use of this Site;
(b) any loss of access to or use of this Site, howsoever caused;
(c) any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Contents;
(d) any delay or interruption in the transmission of the Contents on this Site, whether caused by delay or interruption in transmission over the Internet or otherwise; or
(e) any decision made or action taken by you or any third party in reliance upon the Contents, regardless of whether GDS has been advised of the possibility of such damage or loss.
12. You hereby agree to indemnify GDS and hold GDS harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against or suffered or incurred by GDS however arising directly or indirectly from:
(a) your access to or use of this Site;
(b) your use of the Contents and any materials developed based on the Contents; and/or
13. Without prejudice to the generality of the disclaimers set out above, you agree that the Contents of this Site, including but not limited to any information relating to –
(a) GDS’s statutory duties, functions and powers; and
(b) GDS’s regulatory policies, frameworks, projects, initiatives, plans, schemes, objectives and instruments, shall not be construed as constituting any promise or representation by GDS to you or any third party that GDS will or will not adopt any particular course of action, or confer any particular benefit upon you or any third party. The Contents of this Site shall not preclude, limit or constrain GDS’s exercise of its rights, powers and discretion in any way nor compel, require or oblige GDS to exercise its rights, powers and discretion in any particular manner or to achieve any particular outcome.
14. You further agree that you shall not rely on any Contents of this Site to claim or assert any form of legitimate expectation against GDS, whether procedural or substantive in nature, in respect of any action that GDS may or may not take in the exercise of its discretion as a public authority.
15. GDS reserves the right to change, modify, add to, derogate from or vary its position in respect of any regulatory policies, frameworks, projects, initiatives, plans, schemes, objectives and instruments referred to on this Site at any time in GDS’s sole and absolute discretion without prior notice to you.
16. You shall obtain your own professional and/or legal advice and conduct all necessary due diligence, including but not limited to making such other investigations or seeking clarifications as may be appropriate, as regards any decision or action that you intend to take in relation to any matter concerning the Contents of this Site.
Availability and Right of Access
17. GDS reserves the right to update or modify this Site from time to time. GDS may suspend the operation of this Site for any period of time without any prior notice.
18. GDS further reserves the right to deny or restrict access to this Site by any person, or to block access from a particular internet address to this Site, at any time, without prior notice and without ascribing any reasons whatsoever.
19. This Site and the Contents may be modified, deleted, edited or withdrawn by GDS at its sole and absolute discretion and at any time without prior notice. GDS reserves the right to update or modify this website from time to time. GDS further reserves all rights to deny or restrict access to this website to any particular person, or to block access from a particular Internet address to this website, at any time, without ascribing any reasons whatsoever.
20. You agree that you will not:
(a) use any robot, spider, other automatic device, or manual process to monitor or copy any pages within this Site or the Contents without GDS’s prior written permission;
(b) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site; and
(c) take any action that imposes an unreasonable or disproportionately large load on GDS’s hosting servers.
Hyperlinks from This Site to Third Party Websites
21. This Site contains hyperlinks to third party websites which are not maintained or operated by GDS. GDS is not responsible for the contents of such other websites and does not endorse the opinions or views expressed in them. GDS has no control over and cannot guarantee the accessibility or proper functioning of those websites. GDS shall not be liable for any damage or loss whatsoever arising from your access to such other websites. Use of such hyperlinks and access to those websites are entirely at your own risk.
22. Hyperlinks to third party websites are provided for your convenience and may be removed or replaced by GDS at its sole discretion. The inclusion of any hyperlink does not imply endorsement by GDS of such websites. Under no circumstances shall GDS be regarded as associated or affiliated in any manner whatsoever with any marks, logos, insignia or other devices used or appearing on such other websites to which this Site is hyperlinked.
Hyperlinks to This Website from Third Party Websites
24. GDS reserves the right to remove or disable any unauthorised hyperlinks to or any unauthorised frames of this Site or the Contents, appearing on any other website.
25. You may hyperlink to the Home Page of this Site, upon prior notification to GDS in writing. You must make a specific request for, and secure permission from GDS prior to hyperlinking to, or framing, this Site or any of the Contents, or engaging in similar activities. GDS reserves the right to impose conditions when permitting any hyperlinking to, or framing of this Site or any of the Contents.
27. Under no circumstances shall GDS be considered to be associated or affiliated in any manner whatsoever with any marks, logos, insignia or other devices used or appearing on websites which hyperlink to this Site or any of the Contents.
28. GDS reserves the right to remove or disable any hyperlinks to, or any frames of any third party website, if such hyperlinks or frames are on websites containing any information, names, contents or other materials which, in the sole and absolute opinion of GDS, is inappropriate, profane, defamatory, infringing, obscene, indecent or otherwise objectionable, or violates any written law or is otherwise unlawful, or is an infringement of any applicable intellectual property rights, proprietary, publicity or other rights.
Permission for Use
30. GDS may, at its sole and absolute discretion, grant or refuse permission to use this Site or the Contents, and impose such conditions for the use of this Site or the Contents as it deems fit.