1.INTRODUCTION
1.1 Welcome to the Perfect Minutes platform (the “Site”). Please read the following and Conditions carefully before using this Site or opening an account (“Account”) so that you are aware of your legal rights and obligations. The “Services” we provide or make available include (a) the Site, and (b) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags and content. Any new features added to or augmenting the Services are also subject to these Terms and Conditions.
1.2 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.3 Perfect Minutes reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws.
1.4 Perfect Minutes reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
2. PRIVACY
2.1 Your privacy is very important to us at Perfect Minutes. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Perfect Minutes collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
(i) consent to Perfect Minutes’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Perfect Minutes; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Perfect Minutes’s prior written consent.
3. ACCOUNTS AND SECURITY
3.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Perfect Minutes, in its sole discretion, finds offensive or inappropriate, Perfect Minutes has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated.
3.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Perfect Minutes of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Perfect Minutes will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
3.3 You agree that Perfect Minutes may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Perfect Minutes deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Perfect Minutes may terminate your Account immediately with or without notice.
4. TERM OF USE
4.1 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(h) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Perfect Minutes with respect to the Services and/or data transmitted, processed or stored by Perfect Minutes;
(i) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(j) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(k) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(l) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(m) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(n) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(o) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(p) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(q) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(r) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(s) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
(t) infringe the rights of Perfect Minutes, including any intellectual property rights and any passing off of the same thereof;
(u) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
(v) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; and/or
(w) direct or encourage another user to conduct a transaction other than on the Site.
4.2 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Perfect Minutes, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site.
5. VIOLATION OF OUR TERMS OF SERVICE
5.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
- Listing deletion
- Limits placed on Account privileges
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
5.2 If you believe a User on our Site is violating these Terms and Conditions, please contact legal@perfectminutes.com.
6. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
6.1 As stated above, Perfect Minutes does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
6.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Perfect Minutes in any way and Perfect Minutes is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
6.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the complaint to legal@perfectminutes.com and provide us the documents requested to support your claim. Do allow us time to process the information provided. Perfect Minutes will respond to your complaint as soon as practicable.
7. FEEDBACK
7.1 Perfect Minutes welcomes information and feedback from our Users which will enable Perfect Minutes to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to feedback@perfectminutes.com
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
8. DISCLAIMERS
8.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PERFECT MINUTES OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERFECT MINUTES DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
8.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERFECT MINUTES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF PERFECT MINUTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. GENERAL PROVISIONS
10.1 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act and the Malaysian Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
10.2 If you have any questions or concerns about these Terms and Conditions or any issues raised in these Term and Conditions or on the Site, please contact us at: legal@perfectminutes.com.
LEGAL NOTICES: Please send all legal notices to legal@perfectminutes.com and Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
