This Membership Agreement sets forth the terms and conditions on which The Servcorp Hottdesk a product offering from Servcorp Franchising Pte Ltd offers products and services to registered users (each a “Member”) of the website www.hottdesk.com.

 

PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A MEMBER.

 

1.      Terms

 

The Membership Agreement is comprised of (a) all terms and conditions set forth herein (b) all operating rules and policies that are by published on the Site from time to time, each as modified from time to time. In light of the evolving nature of web-based offerings, Servcorp Franchising Pte Ltd may post a notice on the Site, or broadcast messages through the Service, to inform you of changes to this Membership Agreement, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Membership Agreement shall be effective immediately upon posting of the notice, or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by this Membership Agreement as amended.

 

2.      The Service

 

The term "Service" includes all functionality made available by Servcorp Franchising Pte Ltd on the Site. Servcorp Franchising Pte Ltd may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, services, information, software, software tool or other feature that augments or enhances the current Service, will be subject to this Membership Agreement.

 

3.      Member's Privileges and Obligations

 

You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Each Member is allowed to have only one Membership. Membership is intended for personal use only and is non-transferable. You must choose a password. You are responsible for any activity that occurs under your user ID. You agree to immediately notify Servcorp Franchising Pte Ltd of any unauthorized use of your user ID or another breach of security in relation to the Service. You may not take the results from your use of the Service and link to them, or mirror pages from the Site on another website, or create links from other websites onto any area of the Site.

 

4.      Member Content, Member Private Area, Community Area

 

You may store, your "Member Content” on the Site. The "Member

Content" may include images, video, audio, music, sound files, and other materials, data, or text. Your Member Content is linked to your user ID.

 

As "Private Member Content”, in a private area of the Site, which is accessible only to you and your guests, and which require the use of a password (the "Member Private Area").

 

You agree not to post, send, transmit, upload, display, publish or distribute through any part of the Site, any Member Content that:

 

a.       Misappropriates materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner.

b.       Contains false or misleading statement of facts or description of the origin of the material or communications.

c.       Violates anyone's copyright, moral rights, author's rights, trade secrets, trademark rights, patent, or other intellectual property or other rights.

d.       Interferes with the privacy rights of any person, or impersonates any person.

e.       Contains a virus, may corrupt files or other content that may compromise or harm the Site or any user thereof.

f.         Constitutes a criminal offence, gives rise to civil liability, or violates any applicable laws or regulations, or encourages anyone to break the law, or advocates illegal activity.

 

 

 

You are responsible for creating and maintaining copies of your Member Content, as back-ups, uploading any material, data, text, image, video, music, sound, audio file, or other content or materials on the Site.

 

5.      Price and Payment

 

Certain content, products or services on the Site, such as printing and data storage, are subject to charges and specific terms and conditions, which are explained in connection with such content and services. The Service at the date of this agreement bears a membership charge. Other content, product, services or information on the Site are presently available free of charge, exclusive of Internet or other telecommunications fees. Servcorp Franchising Pte Ltd may, at its discretion, elect to modify, delete, reduce, augment, or discontinue the Service or any product, service, feature, functionality on the Site, or institute a fee, and will notify the Members of such change. Servcorp Franchising Pte Ltd shall not be liable to you or any third party for any such change.

 

6.      License Grant and Intellectual Property Rights

 

You acknowledge and agree that certain technical processing or reformatting of your Member Content may be required to (a) perform indexing functions (b) conform to connecting network technical requirements (c) conform to the limitations of the Service or other similar requirements.

 

As between Servcorp Franchising Pte Ltd and you, you will own your Member Content, and Servcorp Franchising Pte Ltd owns all right, title and interest (including all intellectual property rights) in and to the Site, the Service, the technology, information, documents, files, web pages and other product developed in connection with the Site or available on the Site.

 

You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Site or the Service.

 

 

7.      Member Profiles

 

Member Profiles are intended to be brief descriptions of a Member's interest and contact information. Information you place on your Member Profile is not accessible to anyone visiting the Site only the Servcorp Franchising Pte Ltd Senior administrator will have access to this information. You agree not to send transmissions through the Site that attempt to hide your identity or represent yourself as someone else.

 

8.      Responsibility for Member Content

 

Servcorp Franchising Pte Ltd does not as a policy review or screen any files or other Member Content that a Member posts, displays or stores before they appear on the Site. Servcorp Franchising Pte Ltd does not endorse the content or views expressed in any Member Content and is not responsible or liable in any manner for any conduct by any Member or for any Member Content.

 

You are solely responsible for the Member Content that you provide to Servcorp Franchising Pte Ltd for hosting, display or access on the Site. This includes, without limitation, responsibility for the nature, content, subject matter, views that you express, display or publish in your Member Content

 

You agree not to use the Service for illegal purposes. Your use of the Site, the Service, and the products, services, information available on the Site is subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States.

 

You represent and warrant that (a) you have the right to enter into this Membership Agreement without any other approvals (b) you have the right to use, upload and store the Member Content linked to your user ID (c) you have the right to grant the licenses granted herein and will not violate the rights of any third parties, including without limitation your employer and your clients.

 

9.      Illegal Activities

 

It is Servcorp's Franchising Pte Ltd policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations.

 

10.   Warranty, Disclaimer of Warranty

 

The Service and the Site, including all content, products, services and information made available or accessed through the Site, are provided “AS IS”, with no warranties of any kind. Uploading, downloading or transmitting any Member Content or any other material, data, text, images, video, music, sound or audio files on the Site or through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise.

 

Servcorp makes no representation or warranty of any kind

 

a.       that the Site or Service will meet your requirements.

b.      that defects in the software for the Service will be corrected.

c.       that the Service will be timely, error free, uninterrupted.

d.      that the Service or any content, product, services or information on the Site are accurate, correct, reliable or complete.

e.       that Member Content or any material, data, text, images, video, music, sound, audio file, content or materials uploaded, posted, or stored on or through the Site will not be deleted or damaged, or will be available for access, upload or download at all times.

f.        as to the result that may be obtained from the use of the Service.

g.      that the Site or the Service is free of viruses or other components that may infect, harm, or cause damage to computer equipment, data, software, or any other property when you access, browse, download from, upload to, or otherwise use the Service, the Site or any product or content on the Site.

 

 

Servcorp Franchising Pte Ltd expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on, or available through the Site or the Service.

 

Some jurisdiction to not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

 

11.   Disclaimer of Damages Limitation of Liability

 

Even if Servcorp Franchising Pte Ltd, or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to Servcorp's negligence), shall Servcorp Franchising Pte Ltd be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise related to.

 

a.       the quality, reliability, accuracy, completeness, of the Service.

b.      any modification, publication, display, failure to store, failure to index, loss, deletion, loss of access, or damages of or to your Member Content, computer equipment, software, data, or any text, image, video, music, sound, audio or other material that result from your use of the Site or the Service.

c.       any harm, errors, omissions, cost, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination or otherwise) of the Site, the Service, Member Content or any content, products, services or information provided on the Site.

d.      any failures, delays, misdeliveries, or interruptions in the Service or any content, products, services or information on the Site.

e.       any harm resulting from downloading or accessing any Member Content, or any other content, products, services or information provided on the Site.

f.        any unauthorized access to or alteration of Member Content or any breach of security related to any server used by the Site or the Service or

g.      the cost of procurement of any substitute goods or services.

 

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you. Some Members may have additional rights.

 

If, despite the above limitations, Servcorp Franchising Pte Ltd were found responsible to a Member for any reason whatsoever, this liability will not exceed one thousand dollars ($1000)

 

12.   Privacy

 

It is Servcorp Franchising Pte Ltd's policy to respect the privacy of all of its customers.

 

13.   Site Content

 

Domestic and foreign copyright, trademark, patents, and other intellectual property rights law and international treaties, and other laws, protect all materials data, text, images, photos, video, graphics, music, sound and audio files available on the Site ("Site Content"), both as individual works and as a collection. Unless authorized, you may not copy, reproduce, display, perform distribute, or create derivative works from the Site Content, without being expressly authorized to do so by the owners of the intellectual property or proprietary rights in such Content.

 

You may download or use individual images, photos, video, graphics, music, sound, and audio files that are displayed in the Community Area of the Site only for personal non-commercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any part of the Site Content in any format, electronic or otherwise.

 

14.   Other Agreements

 

You agree to abide by the terms and conditions of any other agreement signed by Servcorp Franchising Pte Ltd pertaining to services offered on the site including but not exclusive to the Microsoft SPLA and the Webex reseller agreement.  You acknowledge that you are aware of the provisions under these agreements and you will observe, obey and perform all the terms, governance and conditions contained in these agreements.

 

15.   Indemnity

 

Since you are responsible for your Member Content and the consequences of its use and publication, you agree to indemnify and hold Servcorp Franchising Pte Ltd, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) your use of the Site or the Service (b) your violation of this Member Agreement or (c) your violation of this Membership Agreement.

 

16.   Force Majeure

 

Servcorp Franchising Pte Ltd is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.

 

17.   Termination of Service

 

If you object to any portion of this Membership Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any materials, data, text, images, video, audio, music, sound or other Site Content, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notice Servcorp Franchising Pte Ltd of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Membership Agreement, or any dissatisfaction with the Service or the Site.

 

Servcorp Franchising Pte Ltd reserves the right, in its sole discretion, to terminate all or a portion of the Service at any time and for any reason.

 

Servcorp Franchising Pte Ltd reserves the right, in its sole discretion, to terminate your membership in the Site, or to remove your Member Content (including unlisted, password protected and unassigned Member Content) or to edit, delete or remove any postings from the Site without prior notice for any cause or no cause in its sole discretion.

 

Any termination under any provision of this Membership Agreement may be effected without prior notice, and Servcorp Franchising Pte Ltd may immediately delete and discard all of your Member Content, and bar any further access to such files on the Site or through the Service. Upon any termination of your membership, or of this Membership Agreement, your right to use the Service will immediately cease. Servcorp Franchising Pte Ltd will have no obligation thereafter to host or provide access to your Member Content, or to forward any materials stored through the Service or any unread or unsent messages. Servcorp Franchising Pte Ltd may retain certain materials for administrative and other reasons.

 

18.   Notices, Questions

 

All notices from a Member to Servcorp Franchising Pte Ltd shall be in writing, and shall be made or delivered to Servcorp Franchising Pte Ltd via email or conventional mail.

 

If you have any question about the Service, this Membership Agreement, please feel free to contact us at hottdesk_help@servcorp.com.au

 

19.   General

 

This Membership Agreement constitutes the entire agreement between you and Servcorp Franchising Pte Ltd with respect to the Service and your Member Content, and it supersedes any other agreement, proposals and communications, written or oral, between you and any Servcorp Franchising Pte Ltd representatives with respect to the Service and your Member Content.

 

If a court of competent jurisdiction holds that any provision of this Membership Agreement is illegal, unenforceable, or contrary to law, such provision shall be construed, as nearly as possible to reflect the original intent of this Membership Agreement, with the other provisions remaining in full force and effect.

 

Any failure by Servcorp Franchising Pte Ltd to exercise or enforce any right or provision of this Membership Agreement shall not constitute a waiver of such rights or provision unless Servcorp acknowledges and agrees to it in writing.

 

Servcorp Franchising Pte Ltd may assign this Membership Agreement to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Membership Agreement without the prior written authorization of Servcorp Franchising Pte Ltd.

 

You and Servcorp Franchising Pte Ltd agree that any cause of action arising out of, or related to the Service or the Site must commence without one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.