AMENDMENT OF TERMS AND CONDITIONS
1.1We may, in our sole discretion, amend, change, modify, add to or remove all or part of these Terms of Use, any applicable Terms and Conditions, Rules and Regulations and/or operating guidelines and policies posted on the Website at any time by posting the amended Terms of Use, Terms and Conditions, Rules and Regulations and / or guidelines and policies on the Website.
1.2By accessing this Website or any pages of the Website after the amendments or modifications are posted on the Website, you are bound by the amendments and modifications.
2DISCLAIMER OF WARRANTIES
2.1This Website and all materials provided on the Website ("Materials") are provided "as is", "as available". We expressly disclaim liability for errors or omissions in the Materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Materials and/or this Website.
2.2We do not warrant that any of the Materials or that this Website will be provided uninterrupted or free from errors or that any identified defect will be corrected. We also give no warranty that this Website and the Materials are free from any virus or other malicious, destructive or corrupting code, programme or macro.
2.3You acknowledge and accept that your access to and use of this Website and any Material is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system and/or other equipment or loss of data that results from the upload or download of such material, information and/or data.
2.4We, and our parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, in any circumstances or legal theories whatsoever, for any loss of business, opportunity, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if we are aware of the risk of such damages, that result in any way from your use of or inability to access the Website or the Materials, or that result from inaccuracies or other errors in the Materials, errors, defects, omissions or delays in operation or transmission, or any other failure of performance of the Website. This limitation applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.
3 THIRD PARTY WEBSITES AND MATERIALS
3.1The Website may contain links to Websites operated by other parties ("Other Websites"). The links are provided for your convenience only. We do not control Other Websites, and are not responsible for the content and performance of Other Websites or for your transactions with them. The inclusion of links to Other Websites does not imply any endorsement of the material on the Other Websites or any association with their respective operators. We do not in any way, operate, control or endorse any information, products or services provided by third parties through the Internet.
3.2The use of this Website may require you to upload content on Other Websites, such as YouTube. You warrant that you will comply with all the usage rules on Other Websites.
3.3The Website contains Materials provided by third parties. We do not have any control over and are not responsible for the intellectual property rights, legality, accuracy, reliability, adequacy or completeness of such Materials, which are provided for your convenience only. You acknowledge that any reliance on Materials listed by third parties or on any other form of communication with them, will be at your own risk.
4 USAGE RULES
4.1Applicable Laws: You must, at all times, comply with and not contravene all applicable laws of Singapore and/or any other jurisdiction to which you are subject relating to your access to or use of this Website and any rules and regulations and codes of practice and policies in force from time to time in relation to Internet use, and any terms and conditions of any licence granted to us by our local Internet service provider.
4.2Defamation, etc.: You must not publish, transmit, post, upload or maintain any defamatory, obscene, abusive, threatening, hateful, violent, pornographic, malicious or otherwise objectionable material, or any other material in violation of any law in any jurisdiction to which you are subject.
4.3Infringement: You must not publish, transmit, post, upload or maintain any content or material that is inaccurate or that violates or infringes the right of a third party, including, without limitation, contractual, intellectual property, moral or privacy rights.
4.4Illegal Acts: You must not use this Website for any illegal purposes (or to solicit any illegal act) or maintain any information which may be illegal in any jurisdiction to which you are subject.
4.5Security: You will not circumvent or attempt to circumvent user authentication or security measures ("cracking") of any Internet or intranet site or any of our accounts including but not limited to, accessing data and/or information not intended for you, logging onto an account you are not expressly authorised to access or in a manner which is not authorised by us. You shall not upload files that are corrupted, contain viruses or any other similar software or programs which may damage this Website or cause interference to the services provided by us.
4.6Interference: You must not interfere or attempt to interfere with services we provide to any other parties ("denial of service attacks") including, but not limited to, "flooding" of networks, deliberate attempts to overload a service, attempts to "crash" us and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure. You must not use any kind of program/script/command/application, or send messages of any kind, designed to, in any manner interfere with any other user’s terminal session.
4.7Trademarks: You shall not use or reproduce our trade marks without obtaining our prior written permission.
5 LINKS TO THIS WEBSITE FROM OTHER WEBSITES
5.1Caching or framing of, or linking to this Website or any of its contents thereof, is strictly prohibited.
5.2You may link to this Website only with our prior written permission, which may be subject to conditions. We reserve the right to change the URL of this Website without prior notice to you.
6 USER CONTENT
6.1In the course of using the Website, you may be submitting comments, information, materials, suggestions and feedback ("User Content").
6.2User Content (other than Personal Data, which is governed by Paragraph 8 and by the Terms of Participation) are provided on a non-proprietary and non-confidential basis. You grant us a perpetual, non-exclusive, royalty-free world-wide licence to use, reproduce, distribute, modify, adapt, publish, perform, display, distribute, create derivative works from and/or broadcast such User Content for non-commercial or commercial purposes in any medium and/or media, upon the submission of your User Content.
6.3You will be responsible for the User Content that you submit to the Website and for any consequences that may come with your submission. In the event that your User Content contains material from a third party, you warrant that you have the permission from the rightful owner to submit such User Content and have the legal right to grant all licence rights to us.
6.4By contributing to the Website, you grant each user of the Website a right to view the User Content that you have contributed.
7 MONITORING OF USE
7.1We reserve the right to monitor usage of the Website by any person and have the sole discretion to refuse access or use by any person at any time without having to give any reason or any prior notice.
7.2We have the right to remove any offending comment, User Content or Material posted on the Website without prior notice.
8 PRIVACY POLICY
8.1If you are only browsing this Website, we do not capture data that allows us to identify you individually.
8.2Collection of Information: For the purposes of using some of the Website’s functions (including but not limited to participation in contests), you may be asked to submit your personal data including but not limited to your name, address, email address, phone number, email address or other personally identifiable information including country, age and/or sex ("Personal Data"). You may also be asked about your interests and preferences or for any other information which may allow us to provide services and information to you.
8.3Retention of Personal Data: We may retain your Personal Data for any length of time determined by us in our sole discretion. You may request for deletion of your Personal Data or update of your Personal Data retained by us, but we do not warrant that your request will be acted on. Please do not provide us with any Personal Data if you cannot accept this.
8.4Updating Personal Data: You agree and represent that any Personal Data provided by you is truthful, accurate and up-to-date. You may not impersonate, imitate or represent to be someone else when providing Personal Data. You shall update your Personal Data if it becomes out-dated, using the appropriate update mechanism on the Website (if available).
8.5Cookies: We may also collect certain technical and routing information about your computer when you visit the Website. We may place a text file called a (“cookie”) in the browser file of your computer. (Cookies are small text files transfers to a user’s hard disk for record keeping purposes). From time to time, third parties may advertise or conduct other activities on the Website. The advertisements and contents provided by the third parties may also contain cookies. We do not have control over such cookies or the use of information collected by such third parties.
8.6How collected information is used: We will treat your Personal Data confidentially and will only use it for the purposes set out in these Terms of Use and the Terms of Participation. We use the information collected from you to provide you with both general and targeted information about offers, products, services and other useful information from us or others. The information is also used for our marketing, and advertising purposes.
8.7Transfer of Information: The information which you provide to us may be transferred to third parties located in other countries for processing and storage. Singapore and other countries to which we transfer your information may not have data protection laws or the laws may not be as stringent as those in the countries to which you belong. You consent to us collecting, processing and/or storing your information in such manner.
8.8Protection: You must not provide information to us if you do not accept these terms. You acknowledge that transmission over a public or a third party network is inherently insecure, and you use these means at your own risk.
8.9Permitted Disclosure: In addition to the disclosure of your information in the situations described above, you agree that we may disclose information in our possession about you in the good faith belief that it is reasonably necessary to do so: (i) to comply with the law; (ii to comply with legal process; (iii) to enforce these Terms of Use; (iv) to respond to claims that you are engaged in activities that violate the rights of third parties; or (v) to protect our rights or interests or the rights or interest of others.
9 RELEASE AND INDEMNIFICATION
9.1You agree to indemnify us and our parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents from and against any claim, demand, action, proceeding, liability (including statutory liability), penalties, costs (including reasonable attorneys’ fees on a full indemnity basis), costs of settlement, awards, damages, loss and/or expense howsoever arising, directly or indirectly, as a result of any violation by you of these Terms of Use, any illegal or impermissible activity taken by you, any tort committed by you or any violation or alleged violation by you of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, trade secret or other intellectual property.
9.2You may consider certain Materials or User Content defamatory, offensive, indecent or objectionable. You agree to waive all legal and/or equitable rights and remedies against us and our parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents in connection with such Materials and User Content, and you agree to release and indemnify us and our parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents from and against any claim relating to the Materials and User Content.
9.3We will not be liable for any loss or damage to reputation.
9.4We may, at our own expense, assume the exclusive defence and control of any matter subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
10 CLAIMS
Notwithstanding any law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose, or be forever barred.
11 ENTIRE AGREEMENT
These Terms of Use (including the Terms of Participation) constitute the entire understanding between us regarding the matters covered in it. It supersedes any and all prior written or verbal contracts or understandings between us, and neither of us shall be bound by any statements or representations made by the other which is not embodied in these Terms of Use/Terms of
Participation.
12 INVALIDITY
The invalidity and/or unenforceability, in whole or in part, of any provision of these Terms of Use will not render invalid or unenforceable any other provision of these Terms of Use, which will remain in full force and effect.
13 GOVERNING LAW AND JURISDICTION
These Terms of Use and the relationship between us shall be governed by Singapore law without regard to its conflict of law provisions. You agree to submit to the non-exclusive jurisdiction of the Singapore courts
14 EVIDENCE
14.1The electronic records of transactions, confirmations, communications, messages and such other documents relating to or in connection with the services provided to you which are kept, stored and/or maintained by us shall be conclusive evidence of the contents of those records.
14.2You agree that any electronic records referred to in clause 14.1 above and any copies or computer output of these records shall be admissible in evidence in any Singapore court of law. You also agree that these electronic records, copies or computer output are admissible in any proceedings as original documents and that you will not challenge their admissibility, authenticity or accuracy.