Terms of Use
Please read these terms and conditions carefully. A reference to “this Website” is to www.sgobserver.com and all web pages thereunder, including the content, information, applications, programmes, images, sounds, graphics, video and other materials displayed therein and the functionalities or services provided therein (collectively the “Content”). “We” and “us” refer to SG Observer and “you” refers to such party who is given access or use of this Website. The use of this Website is subject to the following terms and conditions (“Terms of Use”). By accessing this Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use this Website.
1) Use of this Website
a) You agree to comply with any and all rules, instructions, guidelines and notices pertaining to the use of this Website issued by us, from time to time. We reserve the right to revise these Terms of Use at any time, and you are deemed to be aware of and bound by any changes to these Terms of Use upon their publication on this Website.
b) You agree and undertake NOT to:
- use any software or material that contains a virus or damaging component which may corrupt this Website’s data or interfere with the operation of this Website;
- transmit any materials or information through this Website which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with this Website or the operation of this Website; or
- use this Website other than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards.
2) Password restricted areas of this Website
Access to and use of password protected and/or secure areas of this Website are restricted to authorised users only. You may not obtain or attempt to obtain unauthorised access to such parts of this Website, or to any other protected information, through any means not intentionally made available by us for your specific use.
3) Limits of Responsibility and Liability
a) This Website and the Content are provided on an “as is” and “as available” basis. We do not warrant the accuracy, adequacy or completeness of this Website or the Content, and expressly disclaim any liability for errors, delays or omissions in the Content, or for any action taken in reliance on the Content. 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 or fitness for a particular purpose, is given in conjunction with the Content or this Website.
b) We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, this Website or any information, functionalities or services provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing this Website or associated information, functionalities or services.
c) We do not warrant that any of the Content or that this Website will be provided uninterrupted or free from errors, or that any identified defect will be corrected. Further, no warranty is given that this Website and the Content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
d) Risks relating to the use of the Internet: We do not warrant the security of any information transmitted by you or to you through this Website and you accept the risk that any information transmitted or received through this Website may be accessed by unauthorised third parties. Your access and use of this Website over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
e) Exclusion of liability: We shall not be liable to you for any loss, damages or expenses (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any access, use or inability to use this Website, any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent programme or macros, or reliance on any Content, even if we or our agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
f) Information available through this Website: Information displayed at this Website may be from a variety of sources.
All data and/or information contained in this Website is provided for informational purposes only. We make no representations as to the accuracy, timeliness, adequacy or commercial value of all such information and/or data. You should not act on such data or information without first independently verifying its contents.
4) Intellectual Property
a) The intellectual property rights in this Website and the Content are owned, licensed to or controlled by us, our licensors or service providers.
b) No part or parts of this Website or any Content may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without our prior written permission or that of other copyright owners. Permission will only be granted to you to download, print or use the Content for personal, non-commercial uses, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content.
c) Trade Marks: The trade marks, service marks, trade names and logos used and displayed on this Website (collectively the “Trade Marks”) are registered and unregistered trade marks of us and others. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed on this Website, without our written permission] or any other applicable trade mark owner. Our name may not be used in any way without our prior written permission.
5) Hyperlinks
a) For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not responsible for the contents of, or the consequences of accessing, any linked website.
b) Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
6) Advertising
We may attach banners, java applets, and/or such other materials to this Website for the purposes of advertising our (or our affiliates’) products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
7) Use of information relating to or collected at this Website
a) You agree that all information and/or particulars sent or submitted by you through the Website is non-confidential and non-proprietary unless otherwise expressly indicated by you and may be used by us in accordance with our Privacy Policy. With respect to all contents of transmissions or communications you make or submit through the Website, we shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to us and our agents, a non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same.
b) In addition to the information that you submit, you consent to our systems being programmed to gather certain anonymous data to help us understand how this Website is being used and how we can improve it. This automatically gathered data includes your computer’s IP or “Internet Protocol” address, statistics about how you navigate through this Website, and information provided through the use of “cookies”.
8) Indemnity
You will indemnify us against any liability, loss, damage, including solicitor and client costs and expenses (legal or otherwise) which we may sustain or incur, directly or indirectly, by reason of us having made available the Website or having entered into this Agreement with you or enforcement of our rights under this Agreement or in acting upon any instructions which you may give in relation to the Website or any negligence, fraud and/or misconduct on your part or your breach of this Agreement.
9) Force Majeure
We shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in this Website’s operation, or for any inaccuracy, unreliability or unsuitability of this Website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
10) Delegation
We may delegate the performance of any of our functions in connection with this Website and reserve the right to use any agents on such terms, as we deem appropriate.
11) Assignment
You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party (without requiring your written consent).
12) Waiver
In the event of a breach of these Terms of Use by you, our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
13) Termination
You agree that we may, at our sole discretion, deny you access to this for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion, it is not suitable to continue providing the services relating to this Website.
14) Governing Law
These Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore Courts.
15) Rights of Third Parties
A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or other similar laws to enforce any of these terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.