Privacy Statement and Terms and Conditions

Privacy Statement and Terms and Conditions

Welcome to our Site. Services provided by SXC through the Site therein shall only be available to Job Seekers or Employers or other users such looking for services. Access to and use of the contents and services provided on the Site shall be subject to the Privacy Statement and the Terms and Conditions (which are set out below). If you do not accept either or both of the Privacy Statement and/or the Terms and Conditions, please do not join, access, view, download or otherwise use any services offered by SXC via the Site. By your continued use of the Site, you acknowledge that you have read and understood the Privacy Statement and the Terms and Conditions and that you have the necessary legal capacity, right, power and authority to agree to be bound by all of its provisions. SXC reserves the right to amend, add to, delete or revise the Privacy Statement and the Terms and Conditions for legal or regulatory reasons at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. Your access to the Site and SXC’s services will be terminated upon your notice to SXC that any change is unacceptable; otherwise your continued use after the date on which the change comes into effect shall constitute your acceptance of all changes and they shall be binding upon you. SXC reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. SXC may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.

In this Terms and Conditions, “Employer(s)“, Security Xchange LLP means “SXC“, “Job Seeker(s)” and “Site” shall have the same meaning as defined in the Privacy Statement.

Please refer to the details of SXC’s Privacy Statement by clicking on this link.

1 .Intellectual Property Rights

All contents of the Site, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site (collectively “Contents“) are the intellectual property of SXC and its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, podcast, webcast, circulate, store (in any medium), display, modify, adapt, translate, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or uses that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not acquire any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying. SXC reserves all its rights of enforcement to the fullest extent of the law of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties (including Employers) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder.

SXC reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of SXC Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If any user believes that user’s work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify SXC in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”). SXC will duly consider all Infringement Notices submitted in the above manner. In return, user agrees not to take any legal action or exercise any legal remedy user may have against SXC in respect of any Infringing Material, unless user have first given SXC the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter SXC refuses or fails to remove the Infringing Material within a reasonable time. Where SXC removes the Infringing Material in response to user’s Infringement Notice, user agree not to exercise and hereby waive, any right of action against SXC under applicable law which user may have in respect of any Infringing Material appearing on the Site prior to such removal by SXC. User acknowledges and agrees that SXC has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

2. Modification to Access or Site

SXC reserves the right at any time and from time to time to repair, upgrade, modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Site; or (b) the whole or any portion of this Site and the services provided therein, with or without notice. SXC shall not be liable to users or to any third party for any such maintenance, modification, change, suspension, discontinuation or restriction. The suspension or cancellation of user’s access and right to use the SXC Website shall not affect either party’s statutory rights or liabilities. SXC will attempt to restore access and/or service as soon as SXC reasonably can.

3. Acceptable Site Uses

a. Job Seeker

Job Seeker agrees to only use the Site for lawful purposes and seeking employment.

Job Seeker confirms and acknowledges that disclosing personal data to the Employers and/or SXC of his/her own will when he/she applies for available job vacancies posted through the Site. Any data he/she submit (including without limitation personal particulars and contact information) must be accurate, complete, up to date and not misleading. The Profile requires standard fields to be completed by him/her. He/she may not impersonate another person, living or dead. By submitting his/her resume on the Site, Job Seeker authorizes SXC to store his/her resume and information or data related thereto in the database of SXC (“Database“). In such event, Job Seeker’s resume and the related information or data will remain active on the Site and be stored in the Database at his/her own risk unless and until he/she chooses to remove them in writing. Information may continue to be available for some period of time because of delays in propagating such deletion through SXC’s web servers. Job Seeker acknowledges and agrees that his/her resume and the related information or data may be accessed by the Employers who have subscribed to the services of SXC, for the sole purpose of recruiting and assessing the suitability of Job Seekers. SXC also reserves the right to reject, disapprove or edit any Job Seeker’s resume and information or data related thereto as it sees appropriate and to erase any personal data which SXC reasonably believes is inaccurate having regard to the purpose for which the data is or is to be used.

Job Seeker acknowledges, authorizes and agrees that SXC will release his/her resume to Employer through the use of SXC’s search engine or any other means for the sole purpose of enabling Employer to recruit and assessing the suitability of Job Seekers in relation to any job vacancy. Job Seeker agrees that SXC and its associated companies may use his/her personal data for marketing purposes which may be directed to either potential employers or Employers, their respective agents or anyone under their employ.

Although SXC shall use its reasonable endeavors to limit access to the Database only to the Employers and personnel of SXC, it does not guarantee that other parties will not, without SXC’s consent, gain access to the Database. However, Job Seeker acknowledges that the Employers and other parties who have otherwise gained access to the Database may have retained a copy of Job Seeker’s resume. SXC is not responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties while the resumes are in the Database.

SXC will not be responsible or held liable in any way if any Employer or other user, in breach of the Terms and Conditions, whether in Singapore or elsewhere, uses the Job Seeker’s personal data, information or materials for any purpose other than for recruiting potential employees. Job Seeker accepts that all personal data, information or materials given to Employer or other users, or submitted on or through the Site, are given entirely at his/her own risk. In addition, SXC reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User information.

b. Employer

Employer agrees that it shall only use the Site for lawful purposes and seeking potential employees.

Upon gaining account access to SXC, Employer will be entitled a limited, personal, terminable, non-transferable, non-exclusive right to access to use the Site to post job vacancies for a predetermined period following agreement on the predetermined service. Subject to the conditions or requirements from time to time stipulated by SXC regarding access to Job Seeker’s information or data, Employer will be entitled to access selective Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of recruiting and assessing the suitability of Job Seekers and that such information or data shall not be disclosed to any other parties without the prior consent of the Job Seeker concerned. Employer shall take appropriate physical, technical, and administrative measures to protect the information or data obtained from Database from loss, misuse, unauthorized access, disclosure alteration or destruction. Employer may not use the Database in any way which, in SXC’s sole judgment, adversely affects SXC’s business, business prospects, the performance or function of any of SXC Website or Database, or interferes with the ability, of other subscribers to access the Database. Employer acknowledges and agrees that it shall disregard any information or data received from Job Seeker which is unrelated to recruiting and assessing the suitability of Job Seekers.

Employer shall be solely responsible for the contents of and materials contained in its job vacancies posted within the Site. SXC reserves the right to remove or edit, or require the removal or amendment of, any job vacancies posts as it sees appropriate, or to terminate or suspend the Employer’s access and use of the Site and/or services offered on or through the Site, in accordance with the agreement for such services between Employer and SXC.

SXC shall have the right to terminate any services to any Employer and remove any information and/or job vacancies posted on the Site at SXC’s sole discretion, without any compensation or recourse to Employer in the event that the relevant Employer or the contents of the relevant information and/or job vacancies is or are in breach of any of the provisions herein or any of the provisions in the Employer Registration Term,

From time to time SXC may invest in marketing campaigns to promote your employer brand (including but not limited to Google ads, Yahoo – Bing ads, Baidu ads, Facebook ads, Twitter ads, retargeting and other programmatic buying strategies) and acknowledge that such promotion may be outside the domain of SXC or its subsidiaries / affiliates.

All rights, interest in and to the Database are and shall remain in SXC.

c. Prohibited Uses

Users agree(s) that: –

i. Employer shall not respond to any Job Seeker other than in connection with his/her application for a job. Any communications or use of the Site for any purposes other than recruitment purposes, including but not limited to soliciting of donations or non-related business for any reason, are strictly prohibited.

ii. All users shall not use the Site in any manner that infringes the intellectual property rights or proprietary rights of others and interfere with any others’ use or enjoyment of the site.

iii. All users shall not print, duplicate, download or otherwise copy, re-distribute, reproduce, republish or use any personally identifiable information about other users, except that Employers may use the Database and/or Job Seekers’ resumes and information or data related thereto pursuant to Clause 1.b. above. All unsolicited communications of any type to users are strictly prohibited including, without limitation, harassing, incite harassment or advocate harassment of any group, company or individual.

iv. All users are prohibited from violating or attempting to violate the security of the Site including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe or disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mails, including e-mails containing promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities, including under the Computer Misuse Act (Cap. 50A) and the Spam Control Act (Cap. 311A). SXC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

v. All users shall not upload, publish, transmit, distribute or store any material on or to the Site: (i) in violation of any applicable law or regulation; (ii) in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others; (iii) that is harmful, defamatory, libelous, obscene, discriminatory, harassing, libelous, threatening, abusive, hateful, racist, political, religious, blasphemous, false, unlawful, improper or is otherwise offensive or objectionable; or (iv) that contains viruses, trojan horses, worms, corrupted files or other materials or programs that may interrupt, damage or limit the functionality and operation of the Site, the services offered on the Site, or of any computer software or hardware or telecommunication equipment.

vi. All users are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication.

4. Responsibility for User Content and submissions

SXC reserves the right to monitor the Site and its contents at all times, but is not obliged to do so. SXC takes no responsibility whatsoever for any information on the Site that is not posted by SXC or is otherwise posted by SXC on behalf of a client. All users acknowledge and agree that they are fully responsible for the form, content, resume, information, data, advertisement and/or material submitted by them to SXC or that is otherwise posted of them on or through the Site to be accurate and will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trade mark, obscenity, rights or publicity or privacy, and defamation laws. SXC may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any SXC Website SXC reserves the right to expel Users and prevent their further access to the SXC Website and/or use of SXC Services for violating the Terms or applicable laws, rules or regulations. SXC may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for SXC, damage SXC’s brand or public image, or cause SXC to lose Users. SXC does not warrant that any resume or advertisement will be viewed by any specific number of users / employers or that it will be viewed by any specific user / employer or result in successful recruitment of personnel. SXC shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Site. WHILST SXC AIMS TO OFFER THE BEST SERVICES POSSIBLE TO USERS, IT DOES NOT WARRANT THAT THE SITE WILL OPERATE FAULT-FREE, ERROR-FREE OR THAT SXC SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE SITE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING, REPAIR OR REPLACING EQUIPMENT OR DATA, BY ANY USER, SXC SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS OR DAMAGE OF WHATSOEVER NATURE. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SXC DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES IN RESPECT OF QUALITY, MERCHANTABILITY, AVAILABILITY OF FEATURED PRODUCTS OR SERVICES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE SITE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN.

By submitting User Content to SXC Website, user grant SXC, subject to its privacy setting, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through SXC Website or other marketing materials. SXC will discontinue this licensed use within a commercially reasonable period after such User Content is removed from SXC Website. SXC reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

5. Security Measures

SXC will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Job Seeker and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. SXC will use its reasonable endeavors to protect such personal data against any unauthorized or accidental access, processing or erasure.

6. Own Risk

ALL USERS USE THE SITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Site. SXC does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. Any reliance by users on material posted by other users shall be at their own risk. SXC reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms and Conditions or violating the law and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at SXC’s sole discretion.

7. Termination

In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, SXC may instantly suspend or terminate the user’s account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary, including but not limited to taking legal action against such user. SXC reserves the right at any time to immediately restrict, suspend or terminate any user’s account or access to the Site without notice, where SXC is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulations, and to take such further action as SXC in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. SXC shall have the sole and absolute discretion to decide whether the user, Job Seeker or Employer has breached any of the Terms and Conditions, and such decision shall be final. Even after individuals are no longer a user of the SXC Website, certain provisions of these Terms will remain in effect, including Sections 1, 7, 8, 9 and 13, inclusive.

8. Limitation of Liability

Without prejudice to the above and subject to the applicable laws, SXC shall Not be liable to any user for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the SXC Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that SXC is liable for damages despite the foregoing provision, user agree that SXC’s aggregate liability to user for any and all causes of action in relation to the SXC Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges (if any) paid by user for the Services to SXC for the one (1) month period immediately preceding the time such liability arose. Under no circumstances, including, but not limited to, negligence, shall SXC be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the SXC Content, Services, Site, or any other website, even if SXC or a SXC authorized representative has been advised of, or should have foreseen, the possibility of such damages. User agrees that the above exclusions and limitations of liability enable the Services and the SXC Content to be provided by SXC at either reasonable costs or no costs to user.

9. Disclaimers & Limitations

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SXC AND ITS ASSOCIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR LOSS OR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO SUCH USERS’ USE OF OR INABILITY TO USE THE SITE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY INTERRUPTION, SUSPENSION OR TERMINATION OF SXC SERVICES OR FOR SXC CONTENT, ACCURACY, COMPLETENESS, RELIABILITY OR QUALITY OF INFORMATION AVAILABLE OR TRANSMITTED THROUGH THE SITE. The data and information made available on SXC website are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Users should at all time consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.

10. Links to Other Sites

The Site may contain links to third-party websites. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as a recommendation or an endorsement by SXC of the contents on such third-party websites. SXC is not an agent, reseller or distributor of, and has no control over Third Party Products, and SXC hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products, contents or accuracy of materials whether available or advertised via the Site or on Linked Sites. If users access any linked third-party websites, they do so entirely at their own risk. SXC shall not be responsible or liable for any loss or damage of any kind arising from any arrangement or in connection with the use of the services or contents of such third-party websites. Further, any data or materials posted on the Site by any user may be viewed by users of other websites linked to the Site and SXC shall not be responsible for any improper use by any person other than SXC of any data or materials posted on the Site.

11. Advertisers and Sponsors

Part of the SXC Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the SXC Website complies with relevant laws and codes. SXC reserves the right to refuse to run any advertisements that, in SXC sole discretion, are not suitable for publication on any of the SXC Website. SXC will not be responsible to users for any error or inaccuracy in advertising and sponsorship material. From time to time, competitions, promotions and surveys will be run on the Site. These are subject to additional terms and conditions that will be made available at the time they are run. User’s communication or business dealings with, or participation in promotions organized by, advertisers and sponsors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser or sponsor. SXC shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the advertisers and sponsors on the Site.

12. Dealing with Other Users

Although SXC aims to offer users the best service possible, SXC make no promise that the services at the SXC Website will meet users’ requirements. While SXC uses its best endeavors to provide impartial job seeking and recruitment services, and represents a medium supporting information exchanged between employers and employees, SXC will not be involved in dealings or disputes between Job Seeker and Employer and SXC shall not be responsible for the quality, safety, security and legitimacy of the recruitment service. SXC does not warrant or guarantee the accuracy of the information and/or the resume provided by Job Seeker or of the job vacancies posted by Employer. SXC does not guarantee that Employer will be able to pay the relevant remuneration or that Job Seeker will be competent to take the job offered by the Employer. Should any dispute arise between Employer and Job Seeker, Employer and Job Seeker shall resolve such disputes between themselves and SXC shall not be responsible for any such disputes, damages, losses, expenses, liabilities under any causes of action.

13. Indemnity

Each user agrees to defend, indemnify and hold harmless SXC and its subsidiaries, affiliates, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities (including statutory liability and liability to third parties), penalties, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) (collectively “Losses“) arising from or relating to the user’s use of the Site, any services or its contents or the user’s breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to SXC.

14. Governing Law and Jurisdiction

This Site is owned and operated by SXC in Singapore. The Terms and Conditions and all matters relating to users’ access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore. Users who choose to access this Site from any location do so on users’ own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any dispute, controversy or claim arising out of or in connection with the Terms and Conditions, including any question regarding its existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre (“SIAC“) or at such other venue in Singapore as the parties concerned may agree in writing in accordance with the SIAC Rules. A tribunal shall consist of a single arbitrator to be appointed by the chairman of the SIAC. The decision of the tribunal shall be final and binding on the parties concerned. The language of the arbitration shall be English. The parties concerned undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.

In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.

15. Entire Agreement

The Terms and Conditions shall constitute the entire agreement between user and SXC relating to his/her/its use of the Site, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.

16. Severability

The provisions of the Terms and Conditions shall be enforceable independently of one another and the validity of each provision shall not be affected if any of the others is void. In the event that any provision or part of a provision of the Terms and Conditions is determined to be or becomes illegal, void or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, void, or unenforceable provision or part of a provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law

17. Force Majeure

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates. For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

18. Miscellaneous

User may not transfer any of users’ rights under these Terms to any other person. SXC may transfer its rights under these Terms to another business where SXC reasonably believe users’ rights will not be affected. If user breach these Terms and SXC chooses to ignore this, SXC will still be entitled to use its rights and remedies at a later date or in any other situation where user breach the Terms. SXC shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.