Pacnet India Terms and Conditions for Use of this Website

Legal Notice

BY ACCESSING ANY WEB SITES BELONGING TO PACNET LIMITED AND/OR ANY MEMBER OF THE PACNET GROUP OF COMPANIES (“PACNET”), YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. ALL INFORMATION FOUND ON ANY OF PACNET’S WEB SITE AND ITS RELATED WEB SITES IS STRICTLY FOR PERSONAL USE ONLY, AND MAY NOT BE USED FOR COMMERCIAL PURPOSES WITHOUT THE PRIOR APPROVAL OF PACIFIC INTERNET.

1. Acceptance of Terms Through Use

We reserve the right at our discretion, to update or revise these Terms and Conditions. Please check these Terms and Conditions periodically for changes. Your continued use of Pacnet’s web site and its related web sites following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

2. Documents

You may use the materials, information and documents (such as press releases and other publications) (“Documents”) from any of Pacnet’s servers (the “Server”) subject to the following conditions:

  1. our copyright, trademark and/or other proprietary notice appears in all copies; and
  2. your use of such Documents from the Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and
  3. no modifications of any Documents are made.

You shall not use any part of the Documents for commercial purposes. Use for any unauthorized purpose is expressly prohibited, and may result in civil and criminal liabilities that will be pursued to the maximum extent possible.

3. Software

Any software (“Software”) that is made available for download from the Server is the protected work of Pacnet and/or its business partners. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). Successful installation of any Software that is accompanied by or includes a License Agreement requires an end user to agree to the terms and conditions of the License Agreement.

The Software made available for downloading is solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited, and may result in civil and criminal liabilities that will be pursued to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms and conditions of the License Agreement. Except as warranted in the License Agreement, Pacnet Internet and its business partners hereby disclaim all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.

In no event shall Pacnet and/or its respective business partners be liable for any special, indirect or consequential, incidental, punitive damages or any damages whatsoever (including without limitation, damages for loss of business profits or revenue, business interruption, or loss of business information), whether brought in an action of contract, negligence or other tortious action arising out of, relating to and/or in connection with the use, performance of and/or reliance on the Software, even if Pacnet has been advised of the possibility of such damages.

4. Intellectual Property Rights

Documents do not include the design or layout of Pacnet’s web site and its related web sites. Elements of this web site are protected by intellectual property and other laws and may not be copied, adapted, parodied or imitated in whole or in part.

Pacnet and the names of Pacnet products and services referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of Pacnet. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

The copyright, trademark, patent or other intellectual property rights in the contents of Pacnet’s web site and its related web sites (including, without limitation, all designs, logos, Pacnet’s names, text, sound recordings, music, images, graphics, video and links) are owned by Pacnet and the respective third party entities as identified in Pacnet’s web site and its related web sites. No licence or right is granted and your use of Pacnet’s web site and its related web sites and/or the services therein shall not constitute by implication, estoppel or otherwise, any licence or right of use. As such, you shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission of Pacnet.

5. Hyperlinking

Without the express permission of Pacnet, you shall not:

  1. insert a hyperlink (which bypasses the relevant home page(s) of Pacnet’s web site and/or its related web sites) to;
  2. reproduce any table cell similar to;
  3. “frame”; and/or
  4. “mirror”,

any part of Pacnet’s web site and its related web sites and its respective subsidiary web pages.

6. Available Information

Information on Pacnet’s web site and its related web sites is subject to change (including without limitation, modification, deletion and/or replacement thereof) without prior notice, and may contain inadvertent or technical inaccuracies or typographical errors.

Pacnet and/or its respective business partners do not make any representations, warranties or endorsements, express or implied, about the suitability of the information contained in the Documents and related graphics and/or software published on the Server accessed from, or via the Server or the Internet for any purpose. All such Documents and related graphics are provided “as is” without warranty of any kind, either expressed or implied. Pacnet and/or its respective business partners disclaim all warranties and conditions with regard to such information, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement and are subject to change without notice. The entire risk arising out of their use remains with the recipient/user.

In no event shall Pacnet and/or its respective business partners be liable for any special, indirect or consequential, incidental, punitive damages or any damages whatsoever (including without limitation, damages for loss of business profits or revenue, business interruption, or loss of business information), whether brought in an action of contract, negligence or other tortious action arising out of, relating to and/or in connection with the use, performance of and/or reliance on information or material contained in or accessed from any Pacnet’s web site, even if Pacnet has been advised of the possibility of such damages

7. Information Transmitted/Provided By You

Please do not send unsolicited ideas, including ideas for new advertising campaigns, business strategies or plans, new promotions, new products or technologies, processes, new product names, materials and data to Pacnet. If you continue to send the foregoing idea(s) despite our request not to do so, such idea(s) will be treated as being non-confidential, non-proprietary and non-privileged and will be used in such manner as Pacnet deems fit. All suggestions and/or feedback pursuant to (a) surveys conducted on Pacnet’s web site and its related web sites, and/or (b) requests by Pacnet and/or its business partners, will also be treated as being non-confidential, non-proprietary and non-privileged and will be used in such manner as Pacnet deems fit.

8. Participation In Promotions Of Advertisers

Any dealings with advertisers or Pacnet’s business partners in promotions on the server, including the delivery of and the payment of goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the relevant advertiser or Pacnet’s business partner or third party. Pacnet shall not be responsible or liable for any part of any such dealings or promotions.

9. Unacceptable Use

You agree to abide by all applicable laws in all jurisdictions. By way of example, without limitation, you agree not to, in respect of Pacnet’s web site and its related web sites:

  1. submit, upload or transmit any material that is defamatory, abusive, threatening, obscene, indecent, infringing or unlawful in any jurisdiction;
  2. transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other harmful, disruptive or deleterious programs;
  3. transmit or upload any material protected by intellectual property rights or any other applicable law unless you have received all requisite consents;
  4. interfere or disrupt networks connected with the Server; and
  5. attempt to seek unauthorised access to any database on the Server

10. Links To Third Party Sites

Linked sites are not under the control of Pacnet and Pacnet is not responsible for the contents of any linked site or any link contained in a linked site. Pacnet provides links only as a convenience, and the inclusion of any link does not imply endorsement by Pacnet of the linked site.

11. Indemnity

You agree to indemnify and hold each of Pacnet and its business partners harmless from any claim, demand or damage, including legal fees, asserted by any third party, relating to and in connection with (a) your use of Pacnet’s web site and its related web sites and/or use of the services therein; and/or (b) your breach of any of the terms and conditions herein.

12. Governing Law And Jurisdiction

Your access and/or use of Pacnet’s web site and its related web sites shall be governed by, and in accordance with, the laws of Singapore and you agree to submit to the non-exclusivejurisdiction of the courts of Singapore.