Terms and Conditions
These Terms and Conditions are current as of 27 October 2014
Please read these terms and conditions carefully. A reference to "this Website" is to www.perennialholdings.com and all web pages thereunder, including the content, information, software, applications, programmes, images, sounds, graphics, links, video and other materials displayed or made available therein and the functionalities provided therein (collectively the "Content"). "You" or "your" refers to such party who is given access or use of this Website by Perennial Holdings Private Limited ("Perennial" or "us").
The use of this Website is subject to the following terms and conditions ("Terms and Conditions"). By accessing this Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not access or use this Website.
- Use of this Website
1.1
You agree: (i) to comply with any and all the guidelines, notices and instructions, and operating rules and policies pertaining to the use and/or access of this Website as well as any amendments to the aforesaid, issued by Perennial, from time to time via the Website; and (ii) to abide by all applicable local, state, national and international laws and regulations in your use of the Website.
1.2
Perennial reserves the right to revise these Terms and Conditions at any time, and users of this Website are deemed to be aware of and bound by any changes to these Terms and Conditions upon their publication on this Website. Continued use and/or access of this Website signifies acceptance of any such modification.
- Limits of Responsibility and Liability of Perennial
2.1
This Website and the Content are provided on an "as is" and "as available" basis. Perennial does not warrant: (i) the accuracy, timeliness, adequacy commercial value or completeness of this Website or the Content, and expressly disclaims any liability for errors, delays or omissions in the Content, or for any action taken in reliance on the Content; (ii) that Your use of and/or access to the Website or the Content, will be uninterrupted, timely, secure or free from errors or that any identified defect will be corrected; (iii) that the Website or any Content will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) that any information, instructions or communications transmitted by you through Website is secure and cannot be accessed by unauthorised third parties; or (v) that use of Content by you will not infringe rights of third parties. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Content or this Website.
2.2
Perennial may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, this Website or any information, functionalities, services or products provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing this Website or associated information, functionalities, services or products.
2.3
Risks relating to the use of the Internet: Perennial does not warrant the security of any information transmitted by you or to you through this Website, and you accept the risk that any information transmitted or received through this Website may be accessed by unauthorised third parties and/or disclosed by Perennial and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
2.4
Exclusion of liability: Perennial or any of its officers, employees or agents shall not be liable to you for any loss, damages or expenses (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) any access, use and/or inability to use this Website, or (ii) reliance on any Content, or (iii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros, or (iv) any use of or access to any other website or webpage linked to the Website, even if Perennial or its officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
2.5
Information available through this Website: Information displayed at this Website may be from a variety of sources. All data and/or information contained in this Website is provided for informational purposes only. Perennial assumes no responsibility or liability arising from all such information and/or data. Specifically, the data and information on this Website are not intended as nor shall they be construed as financial, tax or other advice or as an offer, solicitation or recommendation of securities or other financial products. Perennial shall not be liable to you for any decision made or action taken by you in reliance on any data or information made available through this Website or for direct, indirect, incidental, special, consequential, punitive or any other damages whatsoever for any such reliance even if Perennial or its agents have been advised of the possibility of such damages. You should not act on any such data or information without first independently verifying its contents.
- Intellectual Property
3.1
The intellectual property rights in this Website and in and to the Content are owned, licensed to or controlled by Perennial, its licensors or service providers.
3.2
No part or parts of this Website or any Content may be reproduced, distributed, decompiled, disassembled, separated, altered, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without the prior written permission of Perennial or other copyright owner. Permission is granted to you to download, print or use the Content for personal, non-commercial uses, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content.
3.3
Trade Marks: The trade marks, service marks, trade names and logos used and displayed on this Website (collectively the "Trade Marks") are registered and unregistered trade marks of Perennial or its licensors. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to download, reproduce or use (including as a meta tag or as a "hot" link to any of Perennial's websites or any other website) any Trade Marks displayed on this Website, without the written permission of Perennial or any other applicable trade mark owner. The name of Perennial may not be used in any way without the prior written permission of Perennial.
- Hyperlinks
4.1
For your convenience, Perennial may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under the control of Perennial and Perennial is not responsible for the contents of, or the consequences of accessing, any linked website.
4.2
Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
- Use of information relating to or collected at this Website
- You agree that all information and/or particulars sent or submitted by you through the Website is non-confidential and non-proprietary unless otherwise expressly indicated by you and may be used by us in accordance with our Privacy Policy.
- Force Majeure
- Perennial shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in this Website's operation, or for any inaccuracy, unreliability or unsuitability of this Website's contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom Perennial is not responsible for).
- Delegation
- Perennial reserves the right to delegate or sub-contract the performance of any of its functions in connection with this Website and reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate.
- Waiver
- In the event of a breach of these Terms and Conditions by you, Perennial's failure to enforce these Terms and Conditions shall not constitute a waiver of these Terms and Conditions, and such failure shall not affect the right later to enforce these Terms and Conditions. Perennial would still be entitled to use its rights and remedies in any other situation where you breach these Terms and Conditions.
- Records
- You acknowledge and agree that any records maintained by us or our service providers relating to or in connection with the Website shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
- Assignment
- You may not assign your rights under these Terms and Conditions without our prior written consent. We may assign our rights under these Terms and Conditions to any third party.
- Third Party Rights
- No person or entity who is not a party to this Terms and Conditions shall have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or other similar laws to enforce any term of this Part, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of this Terms and Conditions.
- Governing Law
- Use of this Website and these Terms and Conditions shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore Courts.
