Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
1. Definitions
1.1. “Account” refers to the online account of a Member with Wesley created on this website (the “Website”).
1.2. “Affiliates” has the meaning given in Clause 7.2 below.
1.3. “Content” has the meaning given in Clause 2.2 below.
1.4. “Listing” refers to a listing on the Website of any tier including a Basic Listing, Bronze Listing, Silver Listing, Gold Listing and Platinum Listing.
1.5. “IPRs” has the meaning given in Clause 5.1 below.
1.6. “Member” refers to a user who has registered with Wesley and holds an Account on the Website.
1.7. “Privacy Statement” refers to the Privacy Statement of this Website.
1.8. “Terms of Use” refers to these terms and conditions of using the Website.
1.9. “Visitor” refers to any user who browses the Website and includes both Members and users who are not Members.
2. Acceptance of Terms
2.1. Please read these Terms of Use carefully because they together with the Privacy Statement create a binding contract between each Visitor (“you” or “your”) and Wesley Connect Pte. Ltd. (“Wesley”, “we”, “us” or “our”). If you do not agree to these Terms of Use and/or Privacy Statement, then you must immediately cease your use of the Website.
2.2. Wesley maintains this website (“Website”) and all information, communications, compilations, database, images, software, scripting, photos, pictures, text, descriptions, specifications of products or services of companies or businesses, graphics, videos, and other materials, services and content (collectively, the “Content”) found at or offered from time to time through this Website for the use of its Members and members of the general public but only for the lawful purposes described below. In exchange for accessing, browsing and/or using this Website, you agree to be bound by these Terms of Use.
2.3. Wesley reserves all rights to revise, withdraw or make changes and corrections to these Terms of Use and/or the Content (“Amendments”), in whole or in part, at any time, from time to time and without notice. Such Amendments shall be effective immediately upon publication of such Amendments on the Website. By continuing to use this Website, you shall be deemed to have read, understood, accepted and agreed to be bound by such Amendments and to periodically visit this page to determine the then current Terms of Use to which you are bound.
3. Access to the Website
3.1. As a Visitor, you can browse and view the Website and the Content in accordance with these Terms of Use and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within Singapore or other jurisdictions from which you are accessing this Website. The Website and/or Content may not be used for any illegal purpose or in any manner inconsistent with these Terms of Use.
3.2. The Content is offered for your personal consumption as an end-user only. You agree not to distribute, reproduce, retransmit, sell, rent, disseminate, publish, broadcast, circulate, adapt, modify, exploit, use or create derivative works from the Content or commercially exploit the Content and shall not engage in any dealings with any other party in relation to the Content, without the prior written permission of Wesley. Such dealings include but are not limited to commercial dealings and dealings which will affect (adversely or otherwise) the commercial value of the Content.
3.3. You are prohibited from using the Content (in whole or in part) to develop any information, storage and retrieval system, database, compilation, information base or other resources, that is offered for commercial distribution, including without limitations using the Content for direct mailing services.
3.4. We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. In particular, the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website.
3.5. We reserve the right to restrict your access to the Website or part of it. Access to some restricted areas and functions of the Website are strictly restricted to registered Members who have, upon registration, verified their email addresses associated with their Member Accounts and continue to maintain their membership in good standing including making payment of all membership fees payable. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
3.6. You are responsible for all access to the Website using your Internet account or connection, even if the access is by another person.
3.7. If you use our Website on your mobile device, your mobile carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Website. You are responsible for ensuring that at all times while using the Website you are not in violation of your wireless data service agreement. You are solely responsible for all fees and costs associated with your access to and use of the Website.
4. Accounts
4.1. Visitors may register for a Member’s Account with Wesley by completing the Sign Up form. An Account allows a Member to access exclusive functions.
4.2. If you choose, or you are provided with, an identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
4.3. Wesley retains the sole and absolute discretion to suspend or terminate, with immediate effect upon giving you notice, any Visitor or Member’s use of the Website, Listings or other features, functions and services provided by Wesley and/or disable the password associated with your Account. Wesley may bar access to the Website any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any Terms of Use set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Website. If Wesley suspends your use of the Website, you may not use the Website under any other user name, email, payment method or profile.
5. Acceptable Use and Intellectual Property
5.1. The Content, and all other materials on this Website are proprietary and protected by copyright, trademark and other intellectual property rights (collectively "IPRs") laws. The IPRs in the Website and all of the Content made available on it are owned by us and our licensors. You are hereby granted a personal non-transferable, non-exclusive, non-sublicensable right to access and use materials displayed on this Website for your own personal and non-commercial use only. You are however required to retain all copyright, trade mark and other proprietary notices on material that you download or copy from this Website (which require our express written permission). Save as specifically permitted hereunder, no materials contained in this Website may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyperlinked in any form, manner or by any means without the prior written permission of Wesley or the respective owners of IPRs. In addition to Wesley’s rights in the individual elements of the Contents, Wesley and/or its licensors own the IPRs in the compilation, selection, coordination and arrangement of the Content (in whole or in part).
5.2. Certain product and company names mentioned on this Website or material displayed on this Website may be IPRs belonging to third parties. Wesley does not warrant or represent that if you use such material, you will not infringe the legal rights of these third parties.
5.3. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission or the permission of such third party that may own the IPRs in the material displayed on this Website.
6. Privacy
6.1. The collection and use of any information collected from you, including but not limited to personal data, by Wesley will be subject to our Privacy Statement.
7. Website Content
7.1. Wesley has the right, but not the obligation, to monitor any Listing and other Content posted on the Website, to determine compliance with these Terms of Use and any other applicable rules that we may establish, from time to time. Without limiting the foregoing, Wesley has the right to remove or amend any material that Wesley, in their sole and absolute discretion, finds to be in violation of these Terms of Use or otherwise objectionable.
7.2. Although Wesley has attempted to provide accurate information on this Website, Wesley, its officers employees, related companies, affiliates, associates consultants, licensors and representatives (“Affiliates”) assume no responsibility for the accuracy of such information. In addition, when using a particular service at this Website, you may be subject to specific posted rules or guidelines applicable to such service that Wesley may prescribe from time to time. All such rules and guidelines are hereby incorporated by reference into these Terms of Use.
7.3. The respective Members are solely responsible for the accuracy of their Listings, and for all claims, losses, costs, expenses or damages whatsoever from any person arising (directly or indirectly) from the publication of any Listing.
8. Links to External Websites
8.1. Wesley may as a matter of convenience point you to other websites which may be of interest to you but accepts no responsibility for and makes no representations whatsoever about, any other third party website which you may access through this website. A link to a third party website from this Website does not mean that Wesley endorses or accepts responsibility for the content or the use of such third party website and shall not be responsible for any damages or loss arising from the use of such third party website. Use of links and access to such third party website are entirely at your own risk. Wesley further reserves the right to accept, edit and/or remove any links that in Wesley in its sole and absolute discretion finds to be inappropriate in any way. Use of any external website is subject to its terms of service and privacy policy. Your use of third party websites and resources is at your own risk. You are responsible for exercising caution and good judgment when using external websites.
9. Links from External Websites
9.1. Wesley reserves the right to block links from other websites.
9.2. Except as set forth below, caching and links to, and the framing of this Website or any of the Content is strictly prohibited. You are obliged to obtain written permission from Wesley before hyper-linking to, or framing, this Website or any of the Content, or engaging in similar activities. Wesley reserves the right to impose conditions when permitting any hyper-linking to, or framing of this Website and/or any of the Content.
10. Disclaimer
10.1. Wesley offers the Content on an “as is” basis for information purposes only and make no representations as to the quality, completeness or accuracy of any content made available on the Website.
10.2. To the maximum extent permitted by law, we expressly exclude all conditions, warranties, representations and other terms that might otherwise be implied by law into these Terms of Use; and any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Website.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
10.3. The accessibility and operation of the Website rely on technologies outside our control. To the fullest extent permitted by law, Wesley and its Affiliates, make no warranty and hereby disclaim all and any warranty, express or implied:-
(1) in respect of the use, security, accuracy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability, satisfactory quality or fitness for any particular purpose of the content or of the use of this Website;
(2) in respect of harm arising from downloading or accessing any information or material through this Website, including without limitation, harm caused by viruses worms, and/or other harmful or invasive elements or similar contamination or destructive features, or hackers or any technical glitches or limitations (“Malware”); and
(3) that the Content and any functions associated therewith will be uninterrupted or error-free or that this Website and its server will be free of any and all Malware.
10.4. In no event shall Wesley and/or its Affiliates, be liable to any party for any damages, expenses, claims, costs or losses of any kind (other than for death or personal injury resulting directly from the use of this Website, caused in whole or in part by Wesley's negligence) arising out of any legal claim (whether in contract, tort or otherwise), your use of or inability to use this Website, the Content, the links or the content of any third party website linked to this Website, including but without limitation, special, incidental, indirect or consequential damages.
11. Indemnification
11.1. You hereby agree to indemnify, hold harmless and defend Wesley and its Affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, legal fees, resulting directly or indirectly from a claim that arises in connection with your use of the Website and/or Content.
11.2. Notwithstanding the indemnification given by you, Wesley reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under this Clause, and in such case, you agree to fully cooperate as reasonably required with such defence and in asserting any available defences.
12. Limitation of Liability
12.1. In no event shall Wesley and/or its Affiliates, be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the Website and/or Content, whether based upon warranty, contract, tort (including negligence), or otherwise, even if Wesley has been advised of the possibility of such damages or losses.
13. Reliance on Information on Website
13.1. Companies and businesses listed on this Website may not have been vetted or verified by Wesley. Visitors are advised to make appropriate inquiries when choosing and engaging companies and businesses. Wesley does not accept any responsibility or liability whatsoever arising from the engagement of a company or business appearing on this Website.
13.2. The Website is a source of general information only and the Content do not constitute financial or professional advice or recommendation.
14. Jurisdictional Matters
14.1. Wesley endeavours to prepare the Website and/or Content in accordance with Singapore law. It does not warrant that the Website, and the Content will satisfy the laws of any jurisdiction other than Singapore, or that they/it are/is appropriate or available for use outside Singapore.
14.2. Your use of the Website constitutes your consent to having your Personal Data transferred to and processed in Singapore and the jurisdiction of the company/business that you may be engaging, subject to the restrictions on such data applicable to Wesley.
15. Waiver
15.1. Any failure of Wesley to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court shall endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.
16. Termination
16.1. These Terms of Use are effective until your access to or use of the Website is terminated. We may, at any time and for any reason, terminate access to or use of the Website and/or Content by any particular person or particular IP address. If we terminate your access to or use of the Website and/or Content you will not have the right to bring claims against us or our Affiliates with respect to such termination. We and our Affiliates shall not be liable for any termination of your access to the Website and/or Content.
17. Rights of Third Parties
17.1. None of the terms herein shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B) or otherwise, by any person or entity who is not a party hereto.
18. Section Headings
18.1. The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
19. Privacy
19.1. Your privacy is protected when you supply details to this Website in accordance with these Terms of Use and our Privacy Statement. The information that you provide through this Website is for the sole use of Wesley only and is not available for use by any external parties as provided in our Privacy Statement.
19.2. You assume responsibility for controlling how your Personal Data is disclosed or used on the Website, including, without limitation, taking appropriate steps to protect such information.
19.3. The terms of our Privacy Statement shall be incorporated herein by reference.
20. Entire Agreement
20.1. You hereby agree and acknowledge that these Terms of Use and our Privacy Statement constitute the entire agreement between you and Wesley in its own capacity and as agent for its Affiliates (where applicable) and shall govern the use of this Website and the Content.
20.2. Members are additionally governed by the Terms and Conditions of Members’ Accounts and Payment Terms referred to therein.
21. Translation
21.1. In the event that the Content and these Terms of Use may be translated by Wesley into languages other than English, the language of the contract to be applied remains as the English language. All versions hereof in any other language shall be for accommodation only and shall not be binding upon Wesley.
21.2. In the event of any dispute related to or arising under these Terms of Use, all communications and notices shall be in the English language. If there is a discrepancy between any translation of these Terms of Use into a different language, and these Terms of Use, the Terms of Use herein (English version) shall prevail.
22. Governing Law
22.1. These Terms of Use and your relationship with Wesley hereunder shall be governed by and construed in accordance with the laws of Singapore, and you, in using or accessing this Website and the Content, hereby unconditionally agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
22.2. In the event of any dispute arising out of or in connection with these Terms of Use including any question regarding its existence, validity or termination, the parties shall at first instance take reasonable efforts to settle and resolve such disputes in good faith and in an amicable manner by negotiation.
23. For Additional Information
23.1. If you have any questions about these Terms of Use, please contact us at: support@wesleyconnect.com