Scope and Applicability
Welcome to FRASER AND NEAVE, LIMITED.
We reserve the right to modify or change this Agreement at any time as we deem appropriate and without giving you any prior notice. Your access and usage of the Site and/or Service following any such modification or change constitutes your agreement to abide and be legally bound by the Agreement as so modified or changed. You are therefore advised to review the Agreement regularly to ensure you are aware of any changes.
We may update, change, remove, discontinue or suspend the Service or change any features, component or content of the Service (including hours of availability, content, data, software or equipment needed to access the Service) at any time, for any reason, with or without notice to you, in the exercise of our sole discretion, without liability or responsibility to you or any other party. We therefore do not guarantee that any specific content, component and/or feature will always be available on the Service.
Use of Site
You may use (and, in specified instances where applicable, download) the Service, the Site, and the information, writings, images, software and/or other works that you see, hear or otherwise experience on the Site and/or Service (singly or collectively, the "Content") solely for your non-commercial and personal purposes and/or to learn about us, and our products and services.
You may not appropriate, alter, broadcast, copy, derive another work from, disseminate, distribute, download, make available to the public, modify, post, reformat, reproduce, republish, transmit or otherwise use the Content in any other way except as expressly permitted by the Agreement and/or with our express prior written consent.
Linking to this Site
You are granted a limited, revocable and non-exclusive right to create a hyperlink to our home page so long as you do not portray the Site or us in a false, defamatory, derogatory or offensive manner. However, unless you are specifically permitted by us in writing to do so, you are not to mirror, frame or utilise framing techniques on this Site, the Service or the Content, or connect "deep links" to the Site (i.e. create links to the Site that bypass the home page or other parts of the Site).
Ownership and Intellectual Property
For the avoidance of doubt, no right, title or interest in the Site or Service, or in any Content, is transferred to you, whether as a result of your downloading such Content or otherwise. Please be aware that all Content is our property and/or the property of our content providers and is protected by applicable copyright laws.
The Site contains a number of names, images, logos and/or taglines identifying us and our range of products and services, and third parties and their products and services. These are our proprietary intellectual property or the proprietary intellectual property of third parties who have authorised their use on the Site. Nothing contained in the Agreement shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use any of our intellectual property or that of any third party.
Any software available for download via the Site or Service is our copyrighted work and/or that of our licensors. Use of such software is governed by the additional terms of the end-user licence agreement or terms of service that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of and agreement to be legally bound by the additional terms of the end-user licence agreement or terms of service.
Disclaimer of Warranties
Please be aware that the Site, the Service and the Content (including for this purpose, any information on, about or from third parties or relating to third party products and services) are provided on an "as is" and "as available" basis, and that we make no express or implied representations, warranties or endorsements whatsoever in respect thereof. We also expressly disclaim all and any representations and warranties (whether express or implied by law) to the extent permitted by law, including implied warranties of accuracy, compatibility, completeness, fitness for any particular purpose, compliance with any description, merchantability, non-infringement, satisfactory quality, security and title, or such as may arise from course of performance, course of dealing, usage of trade or otherwise, with regard to the Site, the Service, the Content, and any product or service furnished or to be furnished via the Site.
We do not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that errors or defects in the Site or the Service, if any, will be corrected, or that the Site or our server that makes it available will be free of viruses or bugs. Neither can we guarantee or warrant that any files or software available for downloading through the Site will be free of infection by software viruses or other harmful computer codes, files or programmes.
By using the Site and/or Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any communications or content you upload or send using the Site and/or Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Limitation of Liability
Under no circumstances will we, our directors, officers, agents, contractors, partners and/or employees, be liable for, and we hereby expressly disclaim all liability to you or any third party for, any and all losses and damages (whether direct or indirect, foreseen, foreseeable, known or otherwise, and regardless of the form or cause of action) including:
loss of data;
loss of revenue or anticipated profits;
loss of business;
loss of opportunity;
loss of goodwill or injury to reputation;
losses suffered by third parties;
any indirect, consequential, special or exemplary damages,
arising from (and irrespective of whether we have been advised of such possibility or occurrence):
the use of or inability to use the Site, the Service, or the Content;
any transaction conducted through or facilitated by the Site or Service;
errors, omissions, or other inaccuracies in the Site, the Service or the Content;
unauthorized access to or alteration of your account (if any), transmissions or data; or
any other matter relating to the Site, the Service or the Content;
your access to and/or use of third party sites or services; and/or
any third party claims in respect of the above,
save that nothing in the Agreement shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable laws.
You agree that regardless of any statute or law to the contrary, any claim or cause of action you have against us arising out of or related to the Site or the Service, must be filed by you within one (1) year after such claim or cause of action arose or be permanently barred.
You agree that your use of the Site and Service shall be entirely at your own risk. If you are dissatisfied with the Site, the Service, the Content or, with the Agreement, your sole and exclusive remedy is to discontinue using the Site and the Service.
Links to Third Party Websites
You understand and agree that you are personally responsible for your behaviour on the Site. You agree to fully indemnify, defend and hold harmless us, our parent companies, subsidiaries, affiliated companies, joint venture partners, business partners, licensors, employees, agents, and any third-party information providers to the Service, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and legal costs on an indemnity basis, resulting from or arising out of:
(i) your use or misuse of, or inability to use the Site, the Service, or the Content,
(ii) any breach or non-compliance by you of the Agreement;
(iii) your negligent act or omission, wilful default, misconduct or fraud;
(iv) your violation of any applicable laws or third party rights; or
(v) any content you post or share on or though the Site or Service.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, the Service or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. This policy is necessary to avoid misunderstandings should our business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to us. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say:
any rights in your idea (or the expression thereof) will automatically become our property, without any payment or compensation to you;
we will have no obligation to return your idea (or the expression thereof) to you or respond to you in any way;
we will have no obligation to keep your idea confidential; and
we may use your idea for any purpose whatsoever, including disclosing or giving your idea away to others.
We do not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission or collectively "Submissions", and including for this purpose, any feedback you send to us regarding any area of our existing businesses) will be considered non-confidential and non-proprietary. For all Submissions:
- you warrant, represent and undertake that you have the unencumbered legal right to post the Submission and that it will not infringe or violate any applicable laws or the rights of any person or entity;
- you hereby grant us a royalty-free, irrevocable, perpetual, worldwide right to use, reproduce, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction whatsoever or any responsibilities to you.
In addition to any right or remedy that may be available to us under the Agreement or any applicable law, we expressly reserve the right to cancel, suspend, or terminate your account (if any), the Agreement, your access to the Site and/or the Service, with or without notice for any reason, or for no reason. In the event of the termination of the Agreement, the provisions on “Ownership and Intellectual Property”, “Disclaimer of Warranties”, “Limitation of Liability” and “Indemnity”, and such other provisions which by implication are intended to survive the termination of the Agreement, shall survive the termination of the Agreement.
Entire Agreement / No Waiver
Save as expressly provided hereunder, the Agreement constitutes the entire agreement with respect to the subject matter hereof. No waiver (whether effected by a positive waiver or by a delay or failure in enforcement) by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of the Agreement shall be held to be illegal or unenforceable, in whole or in part, under any applicable law, enactment or regulation, such provision or part thereof shall, to that extent, be deemed not to form part of the Agreement but the validity and enforceability of the remainder of the Agreement shall not be affected.
Choice of Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, and you hereby agree to irrevocably submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore as regards any claim, dispute or matter arising hereunder.