These terms of use (as may be revised from time to time – these “Terms of Use”) govern your use of and access to this website singaporeopengolf.com (this “Website”) which is operated and made available by Asian Tour Ltd. with a principal place of business at 5 Bukit Manis Road, Sentosa, Singapore 099893 (the “Company”). References to the Company include any of its subsidiaries and affiliates (where the context requires or permits such interpretation).
“You” means the person who establishes a connection to this Website for access to and/or use of this website.
By accessing and using this Website, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by these Terms of Use.
The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time and shall post the revised Terms of Use on this Website. By continuing to use and access this Website after such revision, you agree to be bound by these Terms of Use as revised.
Ownership of intellectual property
The content on this Website, including without limitation, texts, graphics, logos, buttons, icons, images, video clips, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) are protected by trademark, copyright, or other intellectual property laws or treaties and is the property of the Company. Any commercial use of this Website and the Content is strictly prohibited and any reproduction or redistribution of the Content is expressly prohibited.
The Company’s corporate name, service marks, logos, trade names and trademarks on this Website are the property of the Company. All other marks that appear on this Website but do not belong to the Company are the property of their respective owners, who may or may not be affiliated with or connected to the Company. All of the marks on this Website may not be used or reproduced or otherwise exploited without the prior written permission of the Company or the respective owners of such marks.
Use of this Website and your conduct
You agree to use this Website and the Content only for personal use, for lawful purposes and in accordance with these Terms of Use. The Company grants you a limited, revocable (at the sole discretion of the Company), non-exclusive, non-transferable, personal licence to access this Website, view the Content, and create a hyperlink to the home page of this Website. Any hyperlink shall not portray the Company or this Website in a false, misleading, derogatory or otherwise offensive manner, or in such a way as to suggest any form of association with or endorsement by the Company. You may not use any marks or other proprietary information of the Company as part of the link; you may use only a plain text link to the homepage of this Website.
You are not allowed (and shall not allow any third party) to download, reproduce, duplicate, copy, sell, resell, disseminate or otherwise exploit this Website or any part of the Content for any commercial purpose; or copy, modify, adapt, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; or sell, assign, sub-license or grant any interest in or otherwise transfer any right in the software used on this Website. You must not alter or distort any digital copies of any materials which you have downloaded or copied from this Website for personal use.
You may not frame or utilize framing techniques to enclose any part of the Content and/or any marks or proprietary information of the Company within of your webpage or internet exposure, or make a deep hyperlink to any content contained within this Website in such a manner that amounts to copying or reproduction of such content on your webpage; or use meta tags or any other “hidden text” utilizing the Company’s name or mark or the domain name of this Website to drive engine searches to your website or internet presence.
The Company does not guarantee that this Website or the Content will always be available or uninterrupted. The Company may, in its sole discretion, without being obliged to give any notice, change, suspend or discontinue any aspect of this Website at any time, including the availability of any Website feature, database or Content. The Company may also impose limits on certain features and services or restrict your access to part of or all of this Website without notice or liability.
You shall not upload/ post on or transmit through this Website any material which is unlawful, defamatory, harassing, abusive, obscene, profane or otherwise objectionable; or which violates or infringes the rights of others; or which contains advertising or any solicitation with respect to any products or services. We have the right in our sole discretion to edit or remove any material uploaded or posted on this Website that we find to be in violation of the provisions hereof or otherwise objectionable.
You shall not use this Website by automated electronic processes or computer programs that monitor, copy or download data such as live scoring, statistics or any other data content.
Indemnity
You hereby agree to indemnify, defend and hold harmless the Company and all its officers, directors, agents, employees, content and information providers, partners, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your misuse or improper use of this Website, any breach or non-compliance by you of these Terms of Use, including, without limitation, attorney fees and costs on a full indemnity basis. You shall cooperate as fully as reasonably required by the Company in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not in any event settle any matter without the prior written consent of the Company.
Links to other sites
This Website contains links and pointers to other related World Wide Web Internet sites, resources, and sponsors of the Company. Links from this Website to other third party sites are maintained by third parties over whom the Company has no control, responsibility or liability. Accordingly, you hereby agree and acknowledge that such links do not constitute an endorsement by the Company of any third party sites or resources or their contents. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, goods or services available on or through any such site or resource.
Dealings with third-party advertisers and merchants
Your correspondence, or business or other dealings, with any merchant, advertiser or any other third party found on this Website (including payment and delivery of related goods and services), and any other terms, conditions, warranties or representation associated with such dealings, are solely between you and such advertiser, merchant or third party.
You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants or third parties on this Website; and you agree to release the Company from all liability or responsibility for the same. You further agree to indemnify and keep indemnified the Company against all loss, damage, cost and expense that the Company may suffer as a result of any claims made against the Company by such advertisers, merchants or third parties arising out of or in connection with any dealing you may have with the said parties.
Disclaimer
The Content is provided for recreation or general information only. It is not intended to amount to advice on which you can rely. The Company does not in any way whatsoever warrant, represent or endorse the accuracy or reliability of the Content displayed on or distributed through this Website including but not limited to any advice, opinion, statement, or other information. You acknowledge that any reliance upon the Content shall be at your sole risk.
This Website, including all the Content, software, functions, materials and information made available on or accessed through this Website, is provided on an “as is”, “where is” and “as available” basis. To the fullest extent permissible by law, the Company makes no representation or warranty of any kind whatsoever in respect of the Content or the materials, information and functions made accessible by the software used on or accessed through this Website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website or any linked site.
Further, to the fullest extent permissible by law, the Company disclaims any express or implied warranties, including, without limitation, non-infringement of third-party rights, merchantability or fitness for a particular purpose.
The Company does not warrant or represent that the accessibility of this Website, the functions contained in this Website or any materials or Content contained therein will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components. The Company shall not be liable for the use of this Website, including without limitation the Content and any errors contained therein.
You acknowledge and agree that your use of this Website and the Content is at your sole risk. In no event shall the Company be liable to you or any party for any damages, claims, expenses or losses of any kind (whether direct, indirect, incidental, punitive, exemplary and/or consequential) arising from or in connection with any use of and/or reliance on the accuracy, availability, currency, title, non-infringement, quality, reliability, suitability and/or completeness of this Website and the Content or any part thereof.
If you are dissatisfied with this Website, the Content or any provisions of these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using this Website, the Content and the services made available on this Website.
Viruses
The Company does not guarantee that this Website is secure and free from computer bugs/ viruses. You should use your own computer protection and virus filtration software.
The Company shall not be liable for any loss or damage caused by any or other malicious code that may infect your computer equipment or programs, or data or other proprietary material due to your use of this Website or your downloading of any Content.
You must not misuse this Website by knowingly introducing viruses, trojans, worms or other malicious code to this Website. You must not attempt to gain unauthorised access to (or “hack” into) any system, program or database that is not made available to you. If you breach this provision, you would commit a criminal offence under the Computer Misuse Act. If you commit such a breach, your access to this Website (and all other websites of the Company) will be permanently barred.
Privacy policy
You acknowledge that transmission to and from this Website are not confidential and your communications may be read or intercepted by others. The Company makes no representation, warranty or assurance that your communications will be treated as confidential or proprietary. You acknowledge and agree that by submitting communications to the Company, no confidential, fiduciary and contractually implied or other relationship is created between you and the Company other than pursuant to these Terms of Use.
Please additionally review the Company’s data protection policy (the “Privacy Policy”) which governs your submission of your personal data to the Company or on/ through this Website.
Right to Access
The Company reserves all rights, at its sole discretion, to restrict or deny you access to this Website or to block your particular internet address access to this Website, without any prior notice and without being liable to you or any third party.
Governing law
These Terms of Use shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or relating to these Terms of Use, the Privacy Policy and/or the use and access of this Website shall be submitted to the exclusive jurisdiction of the Singapore courts. You hereby expressly waive all defenses to jurisdiction. You agree that this Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by the Company in and from Singapore.
General
If any provision of these Terms of Use shall be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions.
The failure of the Company, at any time, to enforce any of the provisions of these Terms of Use shall in no way affect the right of the Company thereafter to enforce each and every provision. No waiver of any default by the Company or any failure to enforce any right shall be deemed to constitute a waiver of any subsequent default with respect to the same or any other provisions hereof.
