Worley Mongolia Application (WMA) Full Terms of Use
1. Please read these Terms carefully. By registering as a User you grant
consent to the processing of my personal
data in connection with the service, as defined in the Privacy
Policy and Terms of Use, which I have read and agree to" and
each time you use the Services (whether or not you register as a User), you
agree to be bound by these Terms. If you do not accept them in full, you must
not use the Services.
We may change these Terms or the Privacy Policy at any time by posting a
revised version on the Site. Please check the Terms and the Privacy Policy
whenever you visit the Site. You will be bound by the revised Terms and Privacy
Policy if you continue to use our Services following the date on which the
revised Terms or Privacy Policy are published on the Site.
2.
Eligibility to use the Site and the Services
The Services are intended for Worley Parsons Users to
communicate with each other online and coordinate work flow processes.
You may not seek to use the Site or the Services for any commercial purposes.
We reserve the right to refuse any application to become a User. You will not
become a User until your account has been activated, and we deactivate your
account at any stage at our sole discretion.
Our experienced vetting team checks all new Users (and activity)
for inappropriate content and tries to identify and remove such content from
the Site. However, we are not able to guarantee that our vetting processes will
spot all inappropriate User Content immediately. It is up to you to take
appropriate steps to investigate User Content before you take any action based
on it. We will not be liable for false or misleading statements by other Users.
You alone are responsible for ensuring that your interaction with other Users
is lawful.
We will not be liable if your identity is used by someone else (although very
unlikely).
You must notify us immediately of any apparent breach of security such as loss,
theft, misuse or unauthorised disclosure or use of a
username or password. In such case you should immediately amend your password.
You should notify us via our if you encounter any behaviour that might
reasonably be expected to represent a threat to other Users. Any such reports
will be treated in confidence and investigated by a senior member of our team.
If it is deemed necessary we may (at our sole
discretion) elect to warn the other User or to suspend or delete his or her account.
4.
Your obligations in agreeing to use the Site and the Services
You agree that you will not:
·
in connection with the Services breach any applicable law,
regulation or code of conduct;
·
publish or send any User Content (including photos you make
visible only to your favourites) or communications to us which are false or
misleading (and you agree to update User Content to ensure that it does not
become false or misleading), sexually explicit, sexually suggestive, vulgar,
indecent, obscene, racist, homophobic, xenophobic, abusive, unlawful,
deceitful, invasive of another's privacy, offensive, harmful, violent,
threatening, harassing, defamatory, an infringement of third party intellectual
property or other rights or which encourage or assist any of the foregoing.
Photographic content that will be publicly viewable is further subject to the
terms and conditions noted on the photo upload page;
·
disclose or make accessible to any third party any username(s),
password(s), activation code(s) or similar information allocated to Users or
use them for any purpose other than authentication for the Services;
·
provide email addresses to us of other persons or publish or
send any User Content referring to other persons without having obtained their
prior consent;
·
publish or send any User Content which links to any third party websites which are illegal or contain
inappropriate content;
·
use the Services for any commercial, professional or non-private
purposes (including advertising, canvassing, soliciting, trading, prostitution);
·
do anything which may have the effect of disrupting the Services
including the use of worms, viruses, software bombs or mass mailings;
·
attempt to gain unauthorised access to any part of the Services
or to the equipment used to provide the Services;
·
impersonate any other person or entity; or
·
use the Services other than for the purposes set out in these
Terms.
You agree to comply with any guidelines or requirements on our
Site as well as any reasonable request or instructions by us in connection with
the Services.
You must ensure that all account information (e.g. email addresses, phone
number) that you provide are accurate and kept up to date.
You must notify us in writing immediately if you become aware of any
inappropriate behaviour in connection with the Services (including if you
believe that material belonging to a third party has been posted on the Site by
another User in breach of copyright).
5. Club
Life Content
It is your responsibility to decide which information to publish
or send as User Content (which will be visible to other Users or Internet
users). Revolution Development Asia LLC (RDA) will not be responsible for any
misuse of such User Content by any other User or third party.
Save as set out in the Privacy Policy, we will not disclose any personal
details supplied by you that are not publicly displayed in your profile without
your prior consent.
RDA reserves the right to exercise editorial control over profile and picture
content, but accepts no liability for User Content (including pictures) or
other activities of Users which may breach the rights of other Users or third
parties.
RDA does not verify the accuracy or truth of any information published by
Users. You should therefore conduct your own independent investigations to
verify the accuracy of User Content published or sent by other Users and be
careful when dealing with other Users.
We do ask Users to notify us of inappropriate User Content. You acknowledge
that such notification may take place and that we may take steps outlined in
these Terms in respect of such information which comes to our attention if it
relates to User Content published or sent by you.
We reserve the right not to accept or to suspend, redact or remove from the
Site and the Services all or part of any account or any User Content for any
reason and, if we do so, we will not enter into correspondence with you
regarding the suitability of such User Content.
We assume no responsibility for the deletion of or failure to store your User
Content, including profile details and photographs. Further, you must ensure
that you save any messages you wish to keep.
RDA cannot guarantee that offensive or inappropriate material will be removed
or deleted from the Site in every case, but any failure to do so in a
particular case will not affect our right to remove or delete similar material
in subsequent cases.
6.
Proprietary Information and Content
The Site and the Services contain or use information and content
(including marks, logos, graphics, images, photographs, animation, videos, text and software) that are the intellectual property of our
partners, other Users and us. Your right of use is strictly limited to
accessing, downloading, printing and reproducing such
information or content for your own personal, private and non-commercial use of
the Services within the scope of these Terms. You may not otherwise retrieve,
display, modify, copy, print, sell, download, hire or reverse engineer (except
insofar as permitted by applicable law) such content without our prior written
consent.
You may not link to our Site or include it in part or in whole within another
external website without our prior written consent.
You may not publish or post any material on the Site or send via the Services
any material that belongs to a third party unless you have permission to do so.
You are also requested to notify us if you believe that material belonging to a
third party has been posted or sent by another User. This includes (but is not
limited to) photographs, images and text.
7. Performance of and changes to
the Site and the Services
The Services are provided to you on an "as is" basis
by RDA. We do not guarantee that our Services will be uninterrupted or
error-free or will achieve particular results. We will
use our reasonable endeavours to rectify faults if they do occur.
We reserve the right to suspend the Services at any time without notice for
repair, maintenance, improvement or other technical reason, but to minimise
disruption we will normally try to do so only between 8 p.m. and 8 a.m.
We reserve the right to change the Services provided such changes do not have a
material adverse effect on the quality of the Services.
You may at any time terminate your registration with us
by deleting your application yourself or by requesting the removal of
your account from the Site by either emailing us or by writing to us
at the address given above (wma@revdevasia.com). We will implement such a
request as soon as reasonably practicable.
We may suspend or terminate your registration at any time:
·
Immediately without notice or refund if in our reasonable
opinion you have committed a serious breach of this Agreement or any User Content
published or sent by you or your continued membership is or might be damaging
to our business or to other Users;
Termination will not affect the accrued rights of either party under this
Agreement.
9.
Third party websites
We or third parties may provide links on our Site to third party
websites. You use them at your own risk. We do not review such sites. We do not
recommend or recommend such sites nor are we responsible for the content of
those sites or any goods or services offered thereon. If in the course of
performing a search on our site you encounter any third party
website the use of which would violate any applicable law, you must immediately
cease use of such website.
10.
Limitation of liability
This section 10 (and any other clause excluding or restricting
our liability) applies to our directors, officers, employees, subcontractors
and agents (who may enforce this clause under the Contracts (Rights of Third
Parties) Act 1999) as well as to us. Nothing in this Agreement in any way
limits or excludes our liability for negligence causing death or personal
injury or for fraudulent misrepresentation or for anything which may not
legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are
liable before you incur any costs remedying the matter yourself. If you do not,
we shall have no liability to you for that matter.
We will not be liable to you for any loss or damage you suffer to the extent
you cause or contribute to such loss or damage by your own acts or omissions,
for example by not complying with these Terms.
In no event (including our own negligence) will we be liable for any indirect
losses (such as loss of profits, contracts or business) even if we have been
advised of or ought to be aware of the possibility of such losses.
We are not liable for failure to perform or delay in performing any obligation
under this Agreement if the failure or delay is caused by any circumstances
beyond our reasonable control, including acts or omissions of providers of
telecommunications services or faults in or failures of their networks and
equipment.
11.
Indemnity
You agree to indemnify us (including our directors, officers,
employees, subcontractors, agents and affiliated companies) against all third
party claims and liabilities (including reasonable legal fees incurred by us)
related to your breach of this Agreement and/or to your use of the Site and
Services, including any claim or liability arising from the publication or
other communication by you of any content or information that infringes the
intellectual property rights of, or denigrates, libels or invades the privacy
of, any third party.
12.
General
Headings in this Agreement are for information only and do not
affect the meaning of the Terms or the Agreement.
This Agreement (which includes the Privacy Policy) constitutes the entire
Agreement between you and us in connection with the Services.
These Terms are personal to you and you may not transfer or assign your rights
or duties under this Agreement to anyone else without our prior written
consent. We may assign all or part of our rights or duties under this Agreement
at any time.
Any failure by us to exercise or enforce any right or provision of this
Agreement does not constitute a waiver of it.
If any part of this Agreement is deemed void or ineffective for any reason, the
remainder shall continue in full force.
13.
Dispute Resolution
We will try to resolve any disagreements with you quickly and
efficiently, but if you (or we) feel it is necessary to take court proceedings,
this Agreement is governed by English law and any disputes must be decided only
by the English courts.
14.
Definitions Used in the Terms and the Privacy Policy
"Agreement" means the agreement for
the provision of the Services between you and RDA that will be formed when you
accept these Terms, and which will include these Terms, the Privacy Policy and
any other agreed terms and conditions;
"Member" means a registered user of the Services with
access to the Site;
"Privacy Policy" means the privacy
policy governing the use of any personal information you disclose to us
when you register as a Member and use the Services;
"Site" means the application – “Worley Mongolia
Application” or such other website as we may use to provide the Services from
time to time;
"Services" means the services made available by RDA to
users of the Site (primarily being an mechanism for Worley Parsons site
operations – permit granting and communications);
"Subscriber" means a registered user of the Services who
has paid for full access to the free and paid for elements of the Site and the
Services;
"Terms" means these terms and conditions of use;
"User" means any person who uses the Services;
"User Content" means any and all information published by
Users on the Site, or sent by Users to other Users using the channels provided
by RDA as part of the Services (including profiles, messages and photographs).