Terms of Use

Last updated 5 March 2020 (visitordeclare.com)

INTRODUCTION

By accepting this Agreement, Privacy Policy and Cookie Policy, either by accessing or using a Service, or authorizing or permitting any Agent or End-User to access or use a Service, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to this Agreement for that Entity, and representing to VisitorDeclare (“we” or “us” or “our”) that you have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “User” or a related capitalized term herein shall refer to such Entity and its Affiliates.



ACCESS

Access to and use of password protected and/or secure areas of our websites or mobile applications, and any other webpages, subdomains variants (collectively, the “Site”) are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Site, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.



USE OF SITE

The Site is hosted on a Public Cloud, for the purpose of allowing multiple parties to benefit from its prescribed service. The Site may not be used to gain or attempt to gain a competitive advantage in our industry market or be used for any competitive purpose. Services and products are intended only for persons who are legally permitted to enter binding contracts. The information, opinions, images, messages, website links, text information, music, videos, graphics, files, ideas, data and any other content provided to us by Users ("User Submissions") through submission and uploaded, published, displayed or otherwise made available ("posted") on the Site is not endorsed by us. Users are solely responsible for the submissions. Users retain all ownership rights in his or her own User Submissions. However, by submitting User Submissions to the Site, Users grants us the right, to a non-exclusive, worldwide, non-revocable, transferable, royalty-free, and perpetual right to use the User Submissions. User Submissions are in any manner or media now, or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, sub-license, reproduce, create derivative works, distribute, assign and commercialize without any payment due to User. User Submissions are not confidential or proprietary, unless otherwise specified.



RULES OF CONDUCT

Users agree to adhere to generally accepted rules of etiquette and behavior standards. The following rules of conduct apply to User’s use of the Site and to all User Submissions posted on the Site. As User, you agree not to: post User Submissions that are libelous, hateful, inflammatory, illegal, inaccurate, malicious, false, pornographic, defamatory, harmful to others, obscene, sexually explicit, harassing, vulgar, violent, racially, ethnically or culturally offensive, or otherwise objectionable or offensive in any way; post User Submissions that are invasive of privacy, publicity, intellectual property, proprietary, or contractual rights; post photos or videos of another person without that person's consent; post User Submissions or take any action on the Site that violates any law, creates liability, or promotes illegal activities; impersonate any person or entity, or misrepresent him or herself or any affiliation with any person or entity; promote software or services that delivers unsolicited email or contains viruses, Trojan horses, worms, time bombs, or other harmful programming routines or computer code; solicit personal information from anyone under 18; post the personal information of another person without that person's permission; or use another User's account or modify or remove another User's User Submissions without their permission.



User Account and Responsibility

a) Certain Services that may be made available on the Site may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Site and/or access to the relevant Site. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation

b) You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised, or if there has been any unauthorised use of the Username and/or Password, or if your Personal Data requires updating.

c) You agree and acknowledge that any use of the Site and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be: (i) access to the relevant Site by you; or (ii) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by any access of the Site (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.

d) You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Site referable to your Username and Password.



Our Responsibilities

a) Agrees not to prescreen User Submissions or guarantee that the Site will be free from offensive, inaccurate, unlawful or otherwise objectionable User Submissions; expressly disclaims any liability in connection with User Submissions; assumes no responsibility for, or any obligation to monitor or remove, User Submissions; assumes no responsibility for any action or inaction taken in regards to offensive content or User Submissions on the Site; reserves the right to restrict any User's access to the Site or edit, remove, or refuse to post any User Submissions or terminate User accounts for any or no reason. This includes, without limitation, User Submissions that may be harmful to others or if User has engaged in harassment of our service providers. Users may immediately notify us of any objectionable User Submissions appearing on the Site; we make no promise that we will edit or remove any specific User Submissions.

b) Our service providers and us do not guarantee the accuracy or completeness of the Site's content. We do not assume responsibility or liability for third party content on the Site. Vendors of ours may furnish certain information available to the User, including certain product data and opinions, and thus User agrees to indemnify our service providers and affiliates against all losses or damages resulting in User's reliance on any information, opinion, or advice obtained through the Site.



PERSONAL DATA PROTECTION POLICY

We may collect or analyse anonymised information from which individuals cannot be identified (“Aggregate Information”), such as number of users and their frequency of use, the number of page views (or page impressions) that occur on the Site and common entry and exit points into the Site. We make use of “cookies” to store and track Aggregate Information about you when you enter our websites. Such cookies are used to track information such as the number of users and their frequency of use, profiles of users and their online preferences. Such aggregate Information collected may be used to assist us in analysing the usage of our websites so as to improve the online experience with us. Please refer to our Privacy Policy and Cookie Policy for more details.

We are not responsible for the privacy practices of third party websites operated by third parties even though it is linked to our websites. We encourage you to learn about the privacy policies of such third party websites by checking the policy of each site you visit, and contact its owner or operator if you have any concerns or questions. We maintain appropriate security safeguards and practices to protect your Personal Data unauthorised access, collection, use, disclosure, copying, modification disposal or similar risks, in accordance with applicable laws. If you do not wish to receive marketing by text or email, please contact us and we will inform the related party of the information.



INDEMNITY

User agrees to indemnify us and our service providers and affiliates against all losses or damages, including reasonable attorney's fees, resulting from or relating in any way to his or her User Submissions, use of the Site, any violation of this Agreement, Privacy Policy, any law, or the rights of any third party, or any activity on the User's account by another third party.



COPYRIGHT AND TRADEMARK DISCLAIMER

Our name, logo, and website content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. We retain sole rights for all use, production, and copy of our trademarks, and any misuse is strictly prohibited. Our trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from us. Permission is only granted to electronically copy and print pages from the Site solely as related to the placement of User Submissions in the Site. We retain all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the Site to create new works. User agrees to not use, copy, or distribute any of the content, including User Generated Content, other than expressly permitted, for any commercial purpose. User warrants that he or she owns all rights in any User Submissions posted to the Site. User agrees not to post, modify, distribute, or reproduce User Submissions that belong to another person, without first obtaining the owner's permission to post such User Submissions and grant to us all of the license rights granted in this Agreement.



Limitation of Liability and Disclaimer of Warranties

We provide the Site "as is" and do not claim to make any warranties, express or implied, about the serviceability, merchantability, fitness for a particular purpose, or content of the Site. We further do not warrant that the Site or applicable server are free from viruses or other potentially harmful code. Neither us nor any of our service providers shall be liable for any claims arising from any use or inability to use products or services, the conduct of other Users, malfunctions or defects in the Site, lack of privacy or security when using the Site, for any delay in or lack of delivery, for any loss of profits, data, or business, for User or any third party, as permissible under all applicable law. If applicable law does not permit such an exclusion of liability for incidental, special, or consequential damages, the limitation may not apply in its entirety. User agrees to indemnify and hold harmless to us and our service providers from damages, and neither party will be liable for any indirect, incidental, special, consequential or any damages whatsoever (including, but not limited to, damage caused by lost profits, loss of business opportunity, lost data, computer viruses, business interruption, lost revenue, or loss of goodwill) for any cause of action, whether in contract, tort, strict liability, or otherwise, arising out of or related to this agreement, with the exception of the data breach clause referenced under “Indemnity” section.

In no event shall we be liable for damages in excess of the price charged to User for User's order. This limitation shall not apply to death or personal injury to the extent that applicable law prohibits such limitation. We reserves the right to change or discontinue at any time any aspect or feature of this site.



DISPUTE RESOLUTION

Should a dispute arise in relation to the application or interpretation of this Agreement, representatives of both us and you shall consult in an attempt to resolve the matter amicably. The Party claiming the dispute shall set out the particulars of the dispute in writing and provide such to the other Party within 5 working days of the dispute.

In the event that the dispute is not resolved within 30 calendar days, the Parties agree to submit the dispute to arbitration which shall finally decide the dispute. The arbitration shall be conducted by one arbitrator determined by the Parties. If the Parties cannot agree upon the choice of the arbitrator, the Singapore International Arbitration Centre will make such determination. The arbitration shall be conducted in conformity with international arbitration standards.



GOVERNING LAW

The Site is controlled and operated in Singapore. We makes no claim that the Site, its services, are appropriate or accessible to other locations. User accesses the Site on her/his own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Policy, and Cookie Policy, and submits to the jurisdiction shall be governed by, construed and interpreted in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore Courts. The laws of Singapore shall govern this agreement, without giving effect to its conflicts of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.



TERMINATION

We reserve the right, in our sole discretion, to terminate any User account and any User Submissions, and restrict User's access to all or any part of the Site for any or no reason, without notice, and without liability to any User or anyone else. These Terms of Use are applicable to any User who accesses, registers, or purchases anything on the Site. The terms of Termination; Indemnity; Copyright and Trademark Disclaimer; Limitation of Liability and Disclaimer of Warranties; and Governing Law sections will survive any termination of service or use of the Site.



Contact Us

If you have any questions about our Terms of Use, please send mail to [email protected] The examples contained in our Terms of Use are illustrations only and are not intended to be exhaustive.

The date at the top of this Terms of Use indicates when it was last updated.



Schedule 1 - Definitions and Interpretation

1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Customer” has the same meaning as registered users of the Site.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “Indemnitees” means VisitorDeclare and all of our respective officers, employees, directors, agents, contractors and assigns.
1.4 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.5 “Materials” means, collectively, all web pages on the Site, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Site and the functionalities or services provided on the Site.
1.6 “Booking” means your order for Products sent through the Site in accordance with the Terms & Conditions of Sale.
1.7 “Password” refers to the valid password that a User who has an account with us may use in conjunction with the Username to access the relevant Site.
1.8 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing a Booking, making an enquiry or contact with Support or third parties, regardless of whether you have an account with us.
1.9 “Product” means a product (including any installment of the product or any parts thereof), services available for sale to Users on the Site.
1.10 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libelous or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.11 “Services” means services, information and functions made available by us at the Site.
1.12 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Site.
1.13 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with us.
1.14 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.


2. Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use.