1. General

1.1 These are the terms and conditions ("Terms") for companies or individuals ("you") who register and maintain an account at Mitsubishi Electric Customer Accelerated Response System (the "MECares") for services provided thereon by Mitsubishi Electric Asia Pte Ltd ("MEAP") or the general use of MECares, via https://app.mitsubishielectric.com.sg/MECares/ (the "Site") or a mobile application (the "app").

1.2 You acknowledge that you have read and understood, and agree unconditionally to be bound by these Terms as well as other terms and conditions from time to time specifically designed for and apply to the use of a service on the MECares.

1.3 MEAP reserves the right to amend or revise these Terms from time to time, in order to improve the operations of MECares and/or the services thereon. The revised Terms shall come into force when published on the MECares, and supersede any previous terms, communication or agreement between you and MEAP, in connection with the MECares, the services thereon, the Site or the app. You are deemed to have agreed with, and be bound by, the revised Terms by continuing to use the MECares and/or any services thereof, and should regularly review the Terms as it has been revised and updated.

2. Registration and User Accounts

2.1 In order to use the MECares, you are required to register an account using the application in the form from time to time prescribed by MEAP. MEAP reserves the right, at any time, to request further information and supporting documents, and/or reject any application at its sole and absolute discretion.

2.2 You warrant and represent that the information provided during the application process is true, current, accurate and sufficient.

2.3 In the event there is any change to your information registered in the MECares, you must promptly update such information through the MECares.

2.4 You are responsible for your login name and password and shall put in place appropriate measures to safeguard your account (including but not limited to regular change of password) from unauthorised use. You shall not disclose your user name and password to, or otherwise allow your account to be used by, other third parties except for you and/or your authorised employees.

2.5 You shall immediately notify MEAP should you know or suspect that your login name or password has been leaked or if your account has been used by any unauthorised third parties. You shall not use any account of any user or person other than You without their permission.

3. Use of the MECares

3.1 You may not to copy, modify, assign, transfer, publish and/or otherwise use or transfer any content obtained from the MECares for any purpose, unless otherwise expressly permitted under this Terms or terms of any service via MECares.

3.2 You shall not use or allow the use of the MECares for any purpose other than the services offered thereon, and such other purposes as may be expressly authorised by MEAP. In particular, you shall not use the MECares in connection with any fraudulent or unlawful purposes, or to commit any act that may inflict loss or damage on MEAP or any third parties.

3.3 You shall not violate or attempt to violate the security of the MECares or interfere with the normal operation of the MECares. This includes, but is not limited to, accessing data or information which is not intended for you, scanning or testing the vulnerability of the MECares, introducing or transmitting any information or software containing viruses or other harmful components and/or attempting to breach security measures.

3.4 MEAP reserves the right, at its sole and absolute discretion, to:

(a) add, remove or alter any service available on MECares;

(b) set restrictions on the use of services of an account holder or holder of a certain class of account.

3.5 You are aware that access to MECares on the Site or via app may be subject to charges by the internet or mobile network service provider, all of which shall be borne by you.

3.6 In respect of the app and/or any software in connection with MECares you shall not:

(a) work around any technical limitations;

(b) reverse-engineer, reverse-assemble, decompile, or otherwise attempt to discover source code, formulas or processes;

(c) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from MECares;

(d) remove, modify, tamper with any regulatory or legal notice or link that is incorporated into MECares;

(e) publish for others to copy;

(f) rent, lease, lend, transfer to any third party, or use it for commercial software hosting services; or

(g) use it in way that is prohibited by law, regulation or government order in any relevant jurisdiction, or in a way that violates a third party's legal rights.

3.7 MEAP will use its commercially reasonable effort to maintain the MECares and services thereon without undue disruption. We may however from time to time disable access to or shut down the MECares, without or without notice, where we deem appropriate, including but not limited to regular or emergency maintenance of the MECares.

4. MEAP Trademarks

4.1 Having an account at MECares shall not entitle you to use any trademark, corporate logo, service mark, tradename, domain name, or other distinctive brand features of Mitsubishi Electric and MEAP ("MEAP Trademarks"). You may use a MEAP Trademark only to the extent of a separate agreement that you from time to time enter into with MEAP, and shall restrict your use of such MEAP Trademark in the accordance with such agreement.

5. Collection of Personal Data

5.1 You agree that MEAP may collect, use and disclose any personal data that you provide in accordance with the terms of our Privacy Policy at https://www.mitsubishielectric.com.sg/privacy 

5.2 In the event that you provide any third party individual's personal data to the MECares, you represent and warrant that you have procured the consent of that individual: 

(a) to disclose their personal data on the MECares; and

(b) for MEAP to collect, use and disclose their personal data in accordance with the terms of our Privacy Policy.

6. Information Provided Through the MECares

6.1 The information provided through the MECares may be subject to change without notice. MEAP disclaims all warranties and representations, express or implied, as to the accuracy, completeness, availability and any other aspects of the information provided through the MECares. Under no circumstances shall MEAP be liable for goods, services, content or information provided by any third party, in connection to or, as a result of, your use of MECares or any services herein.

6.2 In no event shall MEAP be liable to any person or entity for any direct, indirect, incidental, punitive, special or consequential damages (including, without limitation, any damages resulting from loss of use, business interruption, loss of information, loss or inaccuracy of data, loss of profits, loss of savings, the cost of procurement of substituted goods, services or technologies, or for any matter beyond its reasonable control), arising out of or in connection with the use of or inability to use the information, whether in an action for breach of contract, negligence or other action in tort, even if MEAP was expressly advised of the possibility of such damages.

7. Force Majeure

7.1 MEAP shall not be liable for any damages or deemed to be in breach of these Terms as a result of any delay or failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, flood, freezing, storm, or any other exceptional weather conditions or natural disasters, embargoes or other acts of government or other authorities, acts of terrorism, accidents, strikes, war, riot, civil commotions, delay in transportation, inability to obtain necessary labor, materials, fuel or manufacturing facility, infectious diseases, epidemics or pandemics, travel restrictions or travel warnings due to any such events, or any other circumstance, whether similar or dissimilar to the foregoing, which is beyond MEAP's control. 

8. Indemnity

8.1 You agree to indemnify, defend and hold MEAP harmless from and against any and all claims, actions, losses, damages, demands, liabilities, costs and expenses, including reasonable attorney's fees and expenses, whether a suit or other proceeding is initiated or not, which may arise from any act, default, omission, negligence, any breach of any representation, warranty or covenant, or any other failure to otherwise act in accordance with these Terms by you, your employees, agents, independent contractors and/or associates.

9. Confidential Information

9.1 You agree to observe the following restrictions in relation to all technical, sales, non-public commercial information, and any other information which is specified as or which you should understand to be confidential, which you receives in connection with the use of the MECares or any service thereon ("Confidential Information"):

(a) To use the Confidential Information solely for the purpose of fulfilling your obligations under these Terms; 

(b) Not to distribute, disclose or disseminate the Confidential Information in any way or form to anyone except your directors, officers or employees who have a need to know such Confidential Information for you to fulfil its obligations under these Terms and who are bound to confidentiality by their employment agreements or otherwise on terms not less stringent than these Terms ("Representatives"). You shall be fully responsible for any failure to observe any obligations of confidentiality by your Representatives;

(c) To treat the Confidential information with the same degree of care to avoid unauthorised disclosure to any third party as with respect to your own confidential information of like importance but with no less than reasonable care; and 

(d) Upon MEAP's request, to return or destroy the Confidential Information along with all copies thereof, and where the Confidential Information is destroyed to certify the destruction in writing within 7 days.

9.2 Your obligations under this Clause 9 shall survive notwithstanding the termination of any your account registered with MECares.

10. Termination

10.1 MEAP may, at its sole and absolute discretion, terminate your account and/or your use of the MECares at any time without any liability to you. In such case you shall immediately cease the use of the MECares, any and all service thereof, as well as any and all information obtained therefrom, and destroy all such information in your possession.

11. Governing Law and Dispute Resolution

11.1 These Terms shall be subject to the laws of the Republic of Singapore without reference to its conflict of laws provisions.

11.2 Any dispute arising out of or in connection with these Terms or any Contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

12. General Provisions

12.1 If any provision or portion of a provision of these Terms is held to be invalid or unenforceable for any reason, such invalidity shall not affect the validity of the balance of that provision and/or remaining provisions of these Terms, which shall remain valid and enforceable.

12.2 No failure or delay by MEAP in exercising any right, power or privilege to which it is entitled shall operate as a waiver nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise.

12.3 The relationship between the Parties is one of independent contractors. Neither Party shall be construed as an agent or legal representative of the other for any purpose. The Parties do not intend to create nor shall be deemed to have created any partnership, collaboration, joint venture and the like.

12.4 You may not assign any of your rights or interest under these Terms without the prior written consent of MEAP and any such attempted assignment shall be void.

12.5 The headings contained in these Terms are included for mere convenience of reference and shall not affect the interpretation of these Terms and Conditions. 

12.6 Any person who is not a party to these Terms has no right to enforce any of its terms, whether pursuant to the Contracts (Rights of Third Parties) Act (Chapter 53B) or otherwise.

12.7 These Terms constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the Parties.