TERMS OF USE (WEBSITE)
We, That Green Space Pte Ltd (UEN No. 201225546W), are the owners of this website (“Website”). These Terms of Use govern your public access to our Website. For the avoidance of doubt, reference to us will include our officers, employees, agents and other authorized representatives.
PLEASE NOTE THAT IN USING OR CONTINUING TO USE OUR WEBSITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF USE, WHICH CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT. PLEASE ALSO NOTE THAT THESE TERMS SHOULD BE READ TOGETHER WITH THE DATA PROTECTION AND PRIVACY POLICY, AND WHERE APPLICABLE, THE TRIAL AGREEMENT, END USER AGREEMENT AND/OR SERVICE AGREEMENT ENTERED WITH US.
1. PUBLIC ACCESS TO AND USE OF THE WEBSITE
1.1. You may only access and use our Website in accordance with these Terms of Use and in good faith and in any event, only for lawful and proper purposes which includes complying with any applicable laws. This includes whether present or future, all relevant statute or other written law, common law, by-laws, orders, rules, regulations, codes of practice and such other requirements imposed by any applicable court, tribunal, authority, agency, government department and/or organization.
1.2. Without limitation to the generality of the aforesaid, you may not and may not attempt: (1) To violate the privacy, confidentiality, intellectual property, proprietary and/or personal rights of any party; (2) To input, store and/or furnish any content, data and/or information which are false, inaccurate, not current or incomplete onto our Website; (3) To use our Website to spam, harass, defame, threaten or otherwise carry out or engage in any harmful, abusive, obscene, immoral, unethical, unlawful or otherwise inappropriate activities; (4) You may not use our Website in any manner which could interfere with or disrupt any service or network necessary for their performance, or interfere or disrupt with any other party's use and enjoyment of our Website; (5) You may not attempt to gain any unauthorized and/or illegal access of computers, devices, networks or accounts not belonging to you by any means using our Website; (6) You may not obtain or attempt to obtain through any means any content, data or information which is not intentionally made available to you; (7) You may not engage in any conduct or activity involving our Website, whether lawful or unlawful, which is injurious to us as determined based on our sole and absolute discretion.
1.3. We are constantly changing and improving our Website. We may carry out bug fixes, enhance, design, develop, change, modify, add on, update or upgrade any information, services, products and other materials on our Website, add or remove functionalities or features, introduce or discontinue a service or product altogether (permanently or temporarily), or even terminate our Website, at any time without notice and which are all also subject to these Terms of Use.
2. CONFIDENTIALITY & NON-COMPETITION
2.1. Please refer to our Data Protection and Privacy Policy.
2.2. In the event you learn of or receive any confidential information, you shall treat all such information as our trade secret and keep them in strict confidence. Confidential information includes any content, data, information and/or materials that may be disclosed by us, received by you and/or otherwise have come to your knowledge, which are non-public or proprietary, or which have been marked or identified as confidential, or which have been provided under circumstances which you knew or ought to have known that it is of a confidential or proprietary nature, whether copies or originals, regardless of the manner, medium or format in which it is contained or communicated, relating to and/or in connection with our Website and/or us.
2.3. You shall not use or exploit our confidential information and/or Website for the purpose of competing with us, whether directly or indirectly in any way.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
3.1. As stated earlier, we own our Website (as well as its organization and layout). The underlying software code, content, data and/or information on or relating to our Website are owned either directly by us or by our licensors, service providers or contributors.
3.2. We or our licensors, service providers or contributors shall remain owners and retain all ownership of all intellectual property in or connected in any way to our Website. This includes all copyrights, patents, design rights, moral rights, semi-conductor topography rights, utility models, trademarks, trade names, service marks, logos, get-up, business and domain names, applications, database rights, trade secrets, goodwill, know-how, concepts, logic and specifications and any other intellectual property or proprietary rights, in all parts of the world, registered and unregistered, and shall include all copies, versions, customizations, compilations and derivative works thereof (by whomever produced and regardless of the manner, medium or format in which it is contained or communicated). Your access and use of our Website does not grant or imply any license or rights in our confidential information and/or Website in you.
3.3. The contents on our Website may be downloaded, printed or copied for your personal nonâcommercial use. Save for the foregoing, you shall not deal, sell, lease, transfer, license, copy, reproduce, alter, modify, publish, adapt, broadcast, distribute, merge, translate, reverse engineer, decompile, disassemble or create any derivative works based on our Website, or allow the same to be done whatsoever.
4. THIRD PARTY SOFTWARE, SITES AND/OR APPLICATIONS ETC
4.1. Our Website operates on, interfaces with or incorporates software or other technology that is licensed or supplied to us by third parties, which is not proprietary to us, but which we have the necessary rights to use. You agree that no such licensors, service providers or contributors makes any warranties, conditions, undertakings or representations of any kind, whether express, implied, statutory or otherwise, to you concerning such third party software or other technology, and that you shall use them in accordance with these Terms of Use. You acknowledge and accept that your failure to do so may result in us breaching our licenses and shall take full responsibility in such event.
4.2. The Website may include links, plug-ins or other connections to third party sites or mobile applications. We do not endorse any such sites or mobile applications and are not responsible for the content, data, information, software or services contained on or accessible through those sites and/or applications. Your access and use of such sites and/or applications remain solely at your own risk, and we shall not be liable for any damages or loss arising from access to those sites and/or applications.
5. DISCLAIMER OF WARRANTIES, EXCLUSION OF LIABILITIES AND INDEMNITIES ETC
5.1. YOU AGREE THAT YOU DO NOT HAVE ANY RIGHTS IN RESPECT OF OUR WEBSITE WHICH IS MADE PUBLICLY AVAILABLE FREE OF CHARGE, AND THAT WE HAVE NO LIABILITY TO YOU IN RESPECT OF YOUR USE OR INABILITY TO USE OUR WEBSITE OR ANY PART THEREOF (INCLUDING ANY CONTENT, DATA AND/OR INFORMATION THEREON, OR RELATED SERVICES AND/OR SOFTWARE). WITHOUT LIMITATION TO THE GENERALITY OF THE AFORESAID, YOU ALSO AGREE:-
Disclaimer of Warranties
5.2. Our Website are provided to you on an “as is where is” and “as available” basis with all faults and without remedies or warranty of any kind, whether express, implied, statutory or otherwise, No oral or written representation, information or advice of any kind given by us to you shall create any warranty whatsoever.
5.3. Without limitation to the generality of the aforesaid, we and any of our licensors, service providers or contributors make no warranties, conditions, undertakings or representations of any kind, whether express, implied, statutory or otherwise, as to the merchantability or fitness of purpose, operation or performance, non-infringement or title of our Website, whether they will be free errors, inaccuracies, manipulation, omissions, errors, viruses, delays, losses, interruptions or other failures or faults of any nature or cause, whether they will satisfy your specific requirements or whether defects in them will be corrected.
5.4. You acknowledge and accept that we do not and cannot control the network or platform on which our Website operates or the flow of data to or from its network. Such matters depend on the performance or services of third parties, which actions or omissions can impair or disrupt the connections to and performance of our Website.
5.5. You acknowledge and accept the sole responsibility for all acts or omissions taken or made in relation to our Website, whether in reliance on us or otherwise, and that your access to and use of our Website is at your sole and absolute risk. You are entirely responsible for selecting our Website.
Exclusion of Liability
5.6. Notwithstanding any provision in these Terms of Use, we and our licensors, service providers or contributors shall not be liable for any direct, indirect, consequential, incidental, special or punitive loss and damage, costs and/or expenses, whenever, whosoever and however caused, regardless of the theory of liability (contract, at law or otherwise) and whether they were in either party’s contemplation or not, arising out of or in connection in any way with our Website.
5.7. Without any limitation of the foregoing, such exclusion shall also cover: (1) Any accidents, loss of life, injury or loss or damage to property, goods or chattels; (2) Any misrepresentation, act or omission on our part (save in the case of fraud); (3) Any claim, compromise, interference, disruption, corruption, cessation, loss and damage (including but not limited to loss or deferment of investment, revenue, profits or goodwill), costs and/or expenses suffered or to be suffered by you; (4) Any compromise, interference, disruption, corruption, cessation, loss or damage of your information (including but not limited to any unauthorized collection, use or disclosure of Personal Data); (5) Any compromise, interference, disruption, corruption, cessation, loss or damage to the equipment, hardware or software which you are using to operate our Website; and/or (6) Any downtime.
5.8. If you are dissatisfied with our Website, your sole and exclusive remedy is simply to discontinue accessing and using the Website.
Indemnification by You
5.9. You shall be responsible for, and unequivocally and unconditionally agree to indemnify, defend and hold us harmless on an indemnity basis from and against any and all claims, demands, actions, proceedings, compromises, summonses, suits, judgments, orders, decrees, liabilities, settlements, penalties, fines, loss and damage (whether direct, indirect, consequential, incidental, special or punitive), and/or costs and expenses (whether legal or otherwise) whenever, whosoever and however caused, regardless of the theory of liability (contract, at law or otherwise) and whether they were in either party’s contemplation or not, arising out of or in any way connected with (1) Your use of our Website; (2) Your failure to comply with any provision in these Terms of Use; (3) Your violation of any rights of any third party; or (4) Any illegal, unlawful or inappropriate act or omission by you
Entire Agreement Clause
5.10. These Terms of Use and the Data Protection and Privacy Policy (together where applicable, with the Trial Agreement, Service Agreement and End User Agreement), represent the entire agreement between you and us in relation to your access and use of our Website. You acknowledge that you are not relying on any representation, warranty, undertaking, understanding, agreement, term or condition made by anyone at any point in time, which has not been set out in the aforesaid documents.
No Professional Advice
5.11. You agree that we do not provide professional advice of any kind and that use of such advice or other content, data and/or information is solely at your own risk and without our liability of any kind.
Relief and Remedies
5.12. If you breach or threaten to breach any of these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including but not limited to suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP Address from accessing the Website, contacting your internet service provider to request that they block your access to this Website and/or bringing legal action against you (including but not limited to seeking specific performance and/or injunctive relief against you).
5.13. You acknowledge and agree that we are entitled to change, suspend, terminate, discontinue, restrict or otherwise limit your access to all or any part of our Website at any time based on our sole and absolute discretion without any reasons or prior notice to you.
5.14. All rights and remedies herein are intended to be cumulative. Unless expressly stated otherwise, they are also without prejudice to and are in addition to any of our other rights or remedies pursuant to any agreement, at law on in equity.
5.15. No waiver of any rights or remedies by us shall be effective and/or enforceable unless made in writing and signed by our authorized representative.
5.16. No failure or delay on our part to exercise any right or remedy under any agreement, at law or otherwise shall constitute a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy, or any other right or remedy.
5.17. For the avoidance of doubt, nothing in these Terms of Use shall limit, waive or in any way compromise any of our rights or remedies, whether in contract, tort or otherwise.
6. CHANGES TO OUR TERMS OF USE
6.1. We may amend these Terms of Use at our sole and absolute discretion from time to time and without any prior notice to you. Such changes shall be effective immediately upon posting of the amended Terms of Use on our Website.
6.2. The updated version will be posted on our Website and date-stamped so that you will be aware of when it was last updated. We encourage you to periodically review these Terms of Use for the latest information on our terms and to see if there have been any changes that affect you. Your continual use of our Website following any such amendments shall constitute your express agreement to the revised Terms of Use.
7. ASSIGNMENT
7.1. You are not entitled to assign, novate, subcontract and/or transfer any rights or obligations in there Terms of Use without our prior written consent. Any such assignment, novation, subcontract or transfer shall be null and void.
7.2. We may at our sole and absolute discretion assign, novate, subcontract and/or otherwise transfer any of our rights or obligations hereunder.
8. SEVERABILITY
In the event that any provision of these Terms of Use is held to be invalid, unenforceable or illegal for any reason, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by the applicable law. In any event, such invalidity, unenforceability or illegality shall not affect the remaining provisions of these Terms of Use which shall remain in full force and effect.
9. GOVERNING LAW AND JURISDICTION
Your use of the Website (including any material downloaded, copied or lifted from them) and the operation of these Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore. Any act or omission whatsoever by you in connection with our Website (including their respective software, tools, applications or functionality) will be deemed to have been performed in Singapore.
Version dated: 1 September 2016
