Website Terms of Use
1 General
1.1 Phoon Huat Pte Limited and its subsidiaries or related companies, including any of their respective successors or assigns (collectively, “PHPL” or “we”) provides website features and other products to you when you visit or use any of the service made available on www.phoonhuat.com (the “Website”).
1.2 Please read these terms of use (“Terms”) carefully before you access the Website or use any of the services made available on the Website, as they govern your rights and obligations when you access the Website or use the services on the Website. If you do not agree to be bound by these Terms, you should not access the Website or use any of the services made available on the Website.
2 Your Obligations
2.1 You are solely responsible for your own Internet connection charges and/or telecommunications charges incurred for accessing the Website and/or using the services made available by or on the Website.
2.2 You shall comply at all times with any instructions or directions that may be made/issued from time to time for access of the Website and/or use of the services made available by or on the Website, whether such instructions or directions are made/issued by us or other third parties providers of the services made available by or on the Website, including any end user terms relating to such services.
2.3 You acknowledge and agree that in accessing the Website and/or using any services made available on the Website, you shall not:
(a) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Website;
(b) use the Website in any manner that could damage, disable, overburden or impair any of our server(s), or the networks connected to our server(s), or interfere with any other party’s access to the Website and/or use of any services made available on the Website;
(c) attempt to gain unauthorised access to the Website, account information of other members or users of the Website, computer systems or networks connected to our server(s), including through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website and/or any activities conducted on the Website;
(d) obtain, or attempt to obtain, any information through any means not intentionally made available by us on or through the Website;
(e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website;
(f) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website and/or any services made available on the Website in any way;
(g) modify or create a derivative work based on the materials on the Website, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Website; or copy any ideas, features, functions or graphics of the Website, except to the extent expressly permitted by applicable law;
(h) link to, mirror or frame any portion of the Website;
(i) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website;
(j) transmit, communicate, reproduce, distribute, store or destroy material in violation of any applicable law or regulation;
(k)use the Website for any unlawful purpose or any illegal activity; and
(l) do anything that would cause PHPL to be in breach of applicable law.
2.4 You hereby agree to indemnify and hold PHPL and each of its affiliates and related entities, and each of its respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with :
(a) your access of the Website and/or use of any services made available on the Website;
(b) your breach of any of these Terms or any applicable law or regulation;
(c) any other party’s access to and/or use of services made available on the Website as well as transactions carried out on the Website, using your username and/or login password; and/or
(d) any other party’s breach of any of these Terms where such party was able to access the Website and/or use the services made available on the Website using your username and/or login password.
3 Links To Other Websites
3.1 Any links provided on the Website are provided for your convenience only. Should you leave the Website via such a link or access the link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
3.2 Any such link on the Website to other linked web pages or websites on the Website does not constitute an endorsement, authorisation, verification or representation by us of the site or of the contents of the site, nor that we are affiliated with the operators or owners of those linked websites, or the contents.
3.3 You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
4 Third Party Advertising
We may allow third party advertisers to place advertisements on the Website or any part thereof. By using the Website, you agree to receive such advertising and marketing materials. We do not endorse, and you agree that we will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.
5 Intellectual Property
5.1 We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Website (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Website.
5.2 We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, terminable and limited license to access and use the Website for your own personal and non-commercial use. This license is revocable or able to be terminated by us, at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.
6 Disclaimers
6.1 While we employ reasonable endeavours to provide you with information and materials on the Website that are correct, you agree that we make no representation, warranty or guarantee, express or implied, that the information and materials on the Website are complete, accurate, up-to-date, fit for a particular purpose. We do not accept any liability for any errors or omissions on the Website including any of the contents, information and materials therein or thereon. The Website, the information and materials on the Website and/or the quality of the services made available on the Website, are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied. You assume full and sole risk in using the Website and/or relying on any information on the Website.
6.2 We make no representations nor guarantees about the availability of the Website nor of your ability to access or use the services on the Website. You agree that we are not liable to you in any what whatsoever if :
(a) for any reason whatsoever the Website and/or any services on the Website is/are unavailable for any time or for any period; or
(b) we disallow your access to the Website.
6.3 We make no representation, warranty or guarantee that your access to the Website will be uninterrupted, timely or error-free. Without prejudice to the generality of the foregoing, due to the nature of the Internet, your ability to access the Website cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, on or to the Website, at our sole discretion and without the need to provide prior notice to you.
6.4 To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Website and/or any services made available on or through the Website, and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:
(a) the Website and/or any services made available through or on the Website;
(b) the Website and/or any services made available through or on the Website being unavailable (in whole or in part), interrupted or performing slowly;
(c) any error in, or omission of, any information made available through or on the Website and/or any services made available through or on the Website;
(d) any other party’s access and/or use of the Website and/or any services made available through or on the Website using your username and/or login password;
(e) any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Website and/or any services made available through the Website. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the Website and/or any services made available through the Website protects you from this; and/or
(f) any site linked from the Website and/or any services made available through such linked websites.
6.5 We make no representation, warranty or guarantee:
(a) that the Website and/or any services made available through the Website is appropriate or available for use in all countries or in your country or that the content satisfies the laws of all countries or in your country. You are responsible for ensuring that your access to and use of the Website and/or any services made available through the Website is not illegal or prohibited, and for your own compliance with applicable local laws;
(b) that the Website and/or any services made available through the Website will be compatible with all or any hardware, software and operating system which you may use;
(c) about the accuracy, reliability, suitability, completeness or timeliness of the Website and/or any services made available through the Website or of any information from any party, such as class times, locations and descriptions; and/or
(d) about the quality, suitability, safety or ability of the services made available through the Website.
6.6 We are not a party to any agreement, dealing or transaction entered into between you and any other party, whether as a result, directly or indirectly, from using the services made available through the Website and we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and such third party service provider.
6.7 You agree that any services provided by a third party which you may have purchased through the Website are wholly the responsibility of such third party and that you will not hold us liable in any way whatsoever for such third party’s services, such third party’s actions or omissions, and any loss or damage you may suffer from dealing with such third party or from using such third party’s services. You acknowledge and agree that :
(a) the services you obtain or seek to obtain from such third party constitute a contract between yourself and such third party and not a contract between yourself and us;
(b) we make no endorsement or representation of such third party nor of the services provided by such third party; and
(c) your engaging such third party to provide you with products or services is wholly at your own risk.
6.8 Without prejudice to the generality of the foregoing, you acknowledge that we do not owe you any obligation relating to such services provided by any third party that you may obtain through the Website.
7 Exclusion Of Liability
7.1 To the maximum extent permitted by applicable law:
(a) your access and use of the Website and/or any services made available through the Website are entirely at your own risk; and
(b) we, our respective directors and employees are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Website, any services made available through the Website, and/or your access and use of (or inability to access or use) the Website and/or any services made available through the Website.
8 Suspension And Termination
8.1 We reserve the right, in our absolute discretion, to monitor any and all access and use of the Website and/or any services made available through the Website.
8.2 Your ability to access the Website or use any services made available through or on the Website is not guaranteed. We have the right at any point in time, for any or no reason whatsoever, to immediately terminate your access to the Website or any services made available through or on the Website. You agree that we are not liable to you in any way whatsoever for any loss or damage that you may suffer arising from such termination.
8.3 The existence of the Website is not guaranteed and we reserve the right to cease the Website or cease operation of the Website at any time whatsoever, for any or no reason. You agree that we are not liable to you in any way whatsoever for any loss or damage that you may suffer arising from the foregoing happening.
8.4 Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate at our discretion, we may immediately, without notice to you and without incurring any liability to you, suspend or terminate your access to the Website and/or any services made available through the Website (or any part of it) without compensation to you. We may also block access from a particular Internet protocol address to the Website and/or any services made available through the Website (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.
9 Governing Law
These Terms shall be subject to and construed in accordance with the laws of the Republic of Singapore and the parties hereby submit to the exclusive jurisdiction of the Singapore courts.
Last updated on 10 September 2020