DATA PROTECTION NOTICE
This Data Protection Notice (“Notice”) sets out the basis on which Difference Engine (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”) and, if applicable, the European General Data Protection Regulation. This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
1. PERSONAL DATA
1.1 As used in this Notice:
“customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and
“personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
1.2 Depending on the nature of your interaction with us, personal data we may collect from you are your name, identification information, and contact information such as your address, email address or telephone number, nationality, country of residence, gender, date of birth, photographs and other audio-visual information, financial information such as credit card numbers, debit card numbers or bank account information, and your order number and order details.
1.3 Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
2. COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
2.1 We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
2.2 We may collect and use your personal data for any or all of the following purposes:
a. performing obligations in the course of or in connection with our provision of the goods and/or services you request or order;
b. verifying your identity;
c. responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
d. managing your relationship with us;
e. processing payment or credit transactions;
f. sending you marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions;
g. complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
h. any other purposes for which you have provided the information;
i. transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes.
2.3 We may disclose your personal data:
a. where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services you ordered or requested; or
b. to third party corporate service providers, literary agents and affiliate arts organisations we have engaged to perform any of the functions listed in clause 2.2 above for us.
2.4 The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
3. WITHDRAWING YOUR CONSENT
3.1 The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
3.2 Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it. If we require more time, we will advise you in writing and state the reasons why. In general, we will endeavour to complete your request within 30 days.
3.3 Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing via email to our Data Protection Officer at the contact details provided below.
3.4 Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
4. ACCESS TO AND CORRECTION OF PERSONAL DATA
4.1 If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
4.2 Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
4.3 We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within that period of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
5. PROTECTION OF PERSONAL DATA
5.1 To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
a. G Suite
5.3 You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
5.4 All of our employees who deal with Personal Data are trained in the proper handling and protection of Personal Data.
5.5 Any data protection breach will be handled in accordance with our internal procedures, a copy of which may be obtained from our Data Protection Officer at the contact details provided below.
6. ACCURACY OF PERSONAL DATA
6.1 We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
7. RETENTION OF PERSONAL DATA
7.1 We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
7.2 We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
8. TRANSFERS OF PERSONAL DATA OUTSIDE OF SINGAPORE
8.1 We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
9. EU GENERAL DATA PROTECTION REGULATION (GDPR)
9.1 Where we collect, use or disclose the personal data of residents of the EU, we will also comply with any specific requirement of the GDPR:
b.We will not collect sensitive data, such as, race, ethnicity, political, religious or philosophical beliefs, trade union membership, genetic or biometric data, or sexual orientation unless
i. you give explicit consent
ii. it is in your vital interests that we collect the data
iii.is required for legal claims, public health, scientific or historical research purposes, or
iv. it is required for reasons of substantial public interest.
a. The right to erasure: You have the right to request that we erase your personal data under certain conditions.
b. The right to restrict processing: You have the right to request that we restrict the processing of your personal data under certain conditions.
c. The right to object to processing: You have the right to object to our processing of your personal data under certain conditions.
d. The right to data portability: You have the right to request that we transfer the data that we have collected to another organisation, or directly to you, under certain conditions.
10. DATA PROTECTION OFFICER
10.1 You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, please contact us at:
284 River Valley Road, #01-01, Singapore 238325
+65 6850 5137
11. EFFECT OF NOTICE AND CHANGES TO NOTICE
11.1 This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
11.2 We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our website or our services constitutes your acknowledgement and acceptance of such changes.
TERMS OF SERVICE
Please read the following Website Terms of Service carefully before using this Site and/or the Services, so that you are aware of your legal rights and obligations with respect to Difference Engine Pte Ltd and/or its related entities and affiliates.
By your (or where Clause 1.1.2(iii) applies, your child’s or ward’s) access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately.
1.1 You hereby represent and warrant that:
b. you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either;
i. accessing this Site, using the Services and contracting in your own personal capacity;
ii. accessing this Site, using the Services and contracting on behalf of a corporate entity; or
iii. contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website Conditions and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Website Conditions;
c. you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and
d. all of the information provided by you to Difference Engine Pte Ltd (including without limitation personal particulars and contact information) is accurate and complete.
1.2 Difference Engine Pte Ltd reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. Difference Engine Pte Ltd may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3 Difference Engine Pte Ltd may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:
a. “Account” means a registered account of a Member opened under this Site.
c. “App” means any software or mobile application of Difference Engine Pte Ltd.
d. “Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
e. “Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
f. “Linked Sites” is defined in Clause 8.1.
g. “Member” means a registered member of the Site.
h. “Member Conditions” means the terms and conditions applicable to Members accessible here.
i. “Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
j. “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
k. “Services” is defined in Clause 3.2.
l. “Site” means the Difference Engine Pte Ltd website containing the link to these Terms & Conditions.
m. “Difference Engine Pte Ltd Content” means all Content of Difference Engine Pte Ltd that is made available on or via this Site or a Difference Engine Pte Ltd website.
n. “Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
o. “Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
p. “User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. Site and Services
3.1 The Site is owned and maintained by Difference Engine Pte Ltd.
3.2 Difference Engine Pte Ltd may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
a. access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works, including any print, digitised or electronic newspapers, magazines, Apps or other content of Difference Engine Pte Ltd, whether through an online store or otherwise;
b. search engines or tools;
c. a platform to create, upload and publicly make available personalised content;
d. an advertising and branding platform;
e. message boards, forums, blogs, communication tools;
f. a social networking platform;
g. email alerts; and
h. any other features, content or applications that Difference Engine Pte Ltd may offer on or through the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Member Conditions in addition to these Website Conditions.
3.4 From time to time Difference Engine Pte Ltd will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
4. Content Use Conditions
4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
a. any Service;
b. the Site;
c. any Difference Engine Pte Ltd Content except, to the extent permitted, with the prior written consent of Difference Engine Pte Ltd or unless expressly permitted in these Website Conditions; or
d. any Third Party User Content except, to the extent permitted, with the prior written consent of Difference Engine Pte Ltd or unless expressly permitted in these Website Conditions.
4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, Difference Engine Pte Ltd Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Difference Engine Pte Ltd.
4.3 You may for your personal, non-commercial use:
a. retrieve and display Difference Engine Pte Ltd Content on any compatible device owned by you;
b. print a single copy of Difference Engine Pte Ltd Content on paper (but not photocopy them); and
c. store such Difference Engine Pte Ltd Content in electronic form on disk or on a mobile.
4.4 All Difference Engine Pte Ltd Content are the copyrighted work of Difference Engine Pte Ltd or its content or software providers, and Difference Engine Pte Ltd reserves and retains all rights in the Difference Engine Pte Ltd Content. Use of some Difference Engine Pte Ltd Content may be governed by the terms of an accompanying end user license agreement.
4.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Difference Engine Pte Ltd Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or Difference Engine Pte Ltd in writing.
5. Intellectual Property
5.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, and all Difference Engine Pte Ltd Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Difference Engine Pte Ltd.
5.2 The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Difference Engine Pte Ltd or other third parties, and all rights to the Marks are expressly reserved by Difference Engine Pte Ltd or relevant third parties. You are not permitted to use any Marks without the prior written consent of Difference Engine Pte Ltd or such third party. Difference Engine Pte Ltd and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Difference Engine Pte Ltd or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Difference Engine Pte Ltd.
5.3 The domain name on which the Site is hosted on is the sole property of Difference Engine Pte Ltd and you may not use or otherwise adopt a similar name for your own use.
5.4 If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us at: email@example.com
6. Online Conduct
6.1 You hereby undertake:
a. to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by Difference Engine Pte Ltd from time to time (which are hereby incorporated by reference into these Website Conditions);
b. not to use any Service or Difference Engine Pte Ltd Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
c. not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
d. not to use the Account of another Member at any time, whether with or without his/her permission.
7. Disclaimers & Limitations
7.1 While we make every effort to ensure that all Difference Engine Pte Ltd Content displayed on the Site is accurate and complete, we provide the Difference Engine Pte Ltd Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Difference Engine Pte Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Difference Engine Pte Ltd does not warrant that the functions contained in or access to the Site, Services, Difference Engine Pte Ltd Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Difference Engine Pte Ltd Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Difference Engine Pte Ltd Content in or with any Computer will not affect the functionality or performance of the Computer. Difference Engine Pte Ltd does not warrant or make any representations regarding the use or the results of the use of the Difference Engine Pte Ltd Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Difference Engine Pte Ltd) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Difference Engine Pte Ltd liable for the loss of any of your User Content that is due to any circumstances beyond the control of Difference Engine Pte Ltd.
7.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in this Site are for use in Singapore only and are intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. Such information do not nor are they intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the products listed or referred to. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Difference Engine Pte Ltd does not sponsor, endorse or promote any financial products, services or information.
7.3 You acknowledge that it is not Difference Engine Pte Ltd’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Difference Engine Pte Ltd does not endorse and shall not be responsible for any such content.
7.4 You acknowledge and agree that Difference Engine Pte Ltd does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Difference Engine Pte Ltd hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
7.5 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Difference Engine Pte Ltd shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.6 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.7 You agree that:
a. Difference Engine Pte Ltd shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
b. access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, Difference Engine Pte Ltd shall not be liable for any loss, liability or damage which may be incurred as a result.
7.8 In no event shall Difference Engine Pte Ltd be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Difference Engine Pte Ltd Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that Difference Engine Pte Ltd is liable for damages despite the foregoing provision, you agree that Difference Engine Pte Ltd’s aggregate liability to you for any and all causes of action in relation to the Difference Engine Pte Ltd Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to Difference Engine Pte Ltd for the one (1) month period immediately preceding the time such liability arose.
7.9 Under no circumstances, including, but not limited to, negligence, shall Difference Engine Pte Ltd be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Difference Engine Pte Ltd Content, Services, Site, or any other website, even if Difference Engine Pte Ltd or a Difference Engine Pte Ltd authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.10 To the maximum extent permitted by applicable law, Difference Engine Pte Ltd disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
7.11 You agree that the above exclusions and limitations of liability enable the Services and the Difference Engine Pte Ltd Content to be provided by Difference Engine Pte Ltd at either reasonable costs or no costs to you.
8. Linked Sites
8.1 Difference Engine Pte Ltd may provide links to other sites (“Linked Sites”) that may be of relevance and interest to users. Difference Engine Pte Ltd has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
9. Data use & Privacy
9.1 Please do not submit any personal information or data without first reading our Data Protection Notice which explains our data use and privacy practices in detail.
10.1 You agree that Difference Engine Pte Ltd has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.
11. Notification of Infringement
11.1 Difference Engine Pte Ltd reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Difference Engine Pte Ltd Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Difference Engine Pte Ltd in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
11.2 All Infringement Notices shall be sent to Difference Engine Pte Ltd addressed as follows:
284 River Valley Road, #01-01, Singapore 238325
+65 6850 5137
11.3 Difference Engine Pte Ltd will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Difference Engine Pte Ltd in respect of any Infringing Material, unless you have first given Difference Engine Pte Ltd the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Difference Engine Pte Ltd refuses or fails to remove the Infringing Material within a reasonable time. Where Difference Engine Pte Ltd removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Difference Engine Pte Ltd under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Difference Engine Pte Ltd.
11.4 You acknowledge and agree that Difference Engine Pte Ltd has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
12. Jurisdictional Issues
12.1 This Site is owned and operated by Difference Engine Pte Ltd in Singapore. Difference Engine Pte Ltd makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13.1 You agree to indemnify and hold Difference Engine Pte Ltd, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
a. any use of the Site or any Service;
b. your connection to the Site;
c. your breach of any terms and conditions of these Website Conditions;
d. your violation of any rights of another person or entity; or
e. your breach of any statutory requirement, duty or law.
14.1 If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
15. Relationship of Parties
15.1 Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Difference Engine Pte Ltd and you and neither party shall have any authority to bind the other in any way.
16.1 No waiver of any rights or remedies by Difference Engine Pte Ltd shall be effective unless made in writing and signed by an authorised representative of Difference Engine Pte Ltd.
16.2 A failure by Difference Engine Pte Ltd to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
17. Rights of Third Parties
17.1 Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
18. Force Majeure
18.1 No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
18.2 For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
19. Governing Law & Jurisdiction
19.1 These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.
19.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
Last Updated 25 November 2021