Acceptance of Terms
1. The following describes the terms on which ArdorAsia offers you the services and access to the information, communications, links, software, e-newsletters, products, services, compilations, images, software, text, graphics, messages and other materials offered, supplied, produced, provided and/or delivered (the “Services”) by ArdorAsia located at www.placestovisitasia.com (the “Site”, which shall include the Services), from time to time for your use but only for the lawful purposes described herein.
5. The Site and Services provide you with opportunities to link to or otherwise use, sites and services offered through or by third-party(ies). Your use of these third-party services is subject to terms posted by these third-party(ies). We have no control over any third party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement.
About Our Services
6. All Services and the Site are provided on an “AS IS WHERE IS” basis. Any and all use of any and all Services and the Site by you shall be at your sole risk. ArdorAsia makes no representation or warranty, whether express or implied (to the extent permitted by law) : (a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site; or (b) that the use of the Site will be uninterrupted and free of any error, viruses or bugs.
7. The foregoing disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that ArdorAsia is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
8. In no event will ArdorAsia, or any person or entity involved in creating, producing or distributing any of the Services and/or the Site, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Services and/or the Site. You hereby acknowledge that the provisions of this section shall apply to all content on the Site.
9. In no event shall ArdorAsia or any of its affiliates or related corporations be liable for any loss, injury, damage, claims, costs or expense of any kind arising from any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right or any other cause of action.
Permitted Use of the Site and the Services
Prohibitions on Use of ArdorAsia Blog, ArdorAsia Content and ArdorAsia Services
– display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of the Site and/ or the Service;
– offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, any or any part of the Site and/or the Service;
– communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Site and/or the Service;
– exploit in any way for any personal or other gain any or any part of the Site and/or the Service; or
– deep link from any other website to, or frame on any other website, any or any part of the Site and/or the Service:
You must NOT at any time:
– use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Site and/or the Service;
– use any device, software or routine to interfere or attempt to interfere with the proper working or display of any or any part of the Site and/or the Service;
– take any action that damages, disables, overburdens, impairs or imposes an unreasonable or disproportionately large load on any part of ArdorAsia infrastructure or any or any part of the Site and/or the Service;
– take any action that interferes with any other user’s access or use of any or any part of the Site and/or the Service;
– use any or any part of the Site and/or the Service for sending out unsolicited e-mails; or
– use any or any part of the Site and/or the Service in any way that will or could: (a) violate, or that will or could result in ArdorAsia violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority. (b) cause any form of loss or damage to ArdorAsia or any third party (including, without limitation, loss of reputation and goodwill); or (c) create any liability for ArdorAsia to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.
12. All content and materials on the Site are the exclusive property of ArdorAsia or its content suppliers and may be downloaded or printed for your own personal and non-commercial use only. All copyright notices on downloaded or printed material must be retained. Save as specifically permitted here, you may not copy, reproduce, distribute, republish, repost, modify, transmit, make available to the public, adapt, create a derivative work or otherwise use or exploit any content on the Site in any way or for any purpose. In addition, you may not distribute or make available any part of the Site over any other website or any network.
13. The names, trademarks, service marks and logos (the “Trade Marks”) displayed on the Site are registered or unregistered Trade Marks of ArdorAsia, its affiliates or licensors. Nothing on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks. ArdorAsia prohibits the use of the Trade Marks as a “hot” link or in-link to any site unless establishment of such a link is approved in advance by ArdorAsia in writing.
14. ArdorAsia provides the facilities on the Site to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Information”) to ArdorAsia or to the Site directly. You are solely responsible for Your Information, and ArdorAsia acts as a passive conduit for your online distribution and publication of Your Information.
With respect to Your Information: Your Information (or any materials contained therein): (a) shall not be false, inaccurate or misleading; (b) shall not be false, fraudulent, inaccurate, incorrect or untrue; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, offensive, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or anything adult in nature or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for ArdorAsia or cause ArdorAsia to lose (in whole or in part) the services of ArdorAsia’s ISPs or other suppliers. Furthermore, you may not submit any of Your Information on the Site that could cause ArdorAsia to violate any applicable law, statute, ordinance or regulation.
– You hereby grant ArdorAsia a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.You shall not assume a false identity or the identity of some other member when using the Site or transmit libelous, harassing, vulgar or otherwise objectionable messages through the Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Site for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).
15. You acknowledge and consent to ArdorAsia collecting and using Your Information for various purposes, including without limitation:
– To provide goods and services by ArdorAsia or its designated representatives and/or business partners to you or parties designated by you and matters ancillary thereto.
– To verify and process payment when you purchase goods and services from the Site.
– For verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you.
– To conduct statistical analysis of the users of our sites including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information in broad terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with us.
– To send you notices, information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organisations selected by us.
16. Where you subscribe for any services on the Site that relates to any advertisement or other similar services, whether as a potential seller or buyer, you hereby expressly acknowledge and agree that the Site acts as a venue only and ArdorAsia is not responsible for the reliability, accuracy or truthfulness of any information that is posted by other users.
17. The Site is available on an “as is where is” basis.
– ArdorAsia does not warrant that the Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through the Site. ArdorAsia shall not be responsible for the availability or content of other services that may be linked to the Site.
– ArdorAsia does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Site or any information or goods that are available or advertised or sold through the Site.
– ArdorAsia does not make any representations, nor does ArdorAsia endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Site or available through links in the Site. ArdorAsia reserves the right to correct any errors or omissions in the Site.
– Although ArdorAsia intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Site, ArdorAsia does not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such destructive features. ArdorAsia is not liable for any damages or harm attributable to such features. If you rely on the Site and any materials available through the Site, you do so solely at your own risk.
– ArdorAsia, its employees, subsidiaries, affiliates, associates and related corporations make no warranty and hereby disclaim all and any warranty, express or implied (to the extent permitted by law) 1) in respect of the use, security, accuracy, reliability, timeliness, non-infringement, satisfactory quality or 2) in respect of harm arising from downloading or accessing any information or material through the site, including without limitation, harm caused by viruses or similar contamination or destructive features, whether or not known; and 3) that the content and any functions associated therewith will be uninterrupted or error-free or that the site and its server will be free of all viruses and/or other harmful elements.
18. In no event shall ArdorAsia, its employees, subsidiaries, affiliates, associates and related corporations be liable to you and/or to any party for any damages, expenses, claims, costs or losses of any kind, including without limitation, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, (other than for death or personal injury resulting directly from your use of the site caused in whole by ArdorAsia’s negligence) arising out of any legal claim (whether in contract, tort or otherwise), your use of or inability to use the site, the content of the hyperlinks, including but without limitations, special, incidental, indirect or consequential damages. Any claim against ArdorAsia shall be limited to the amount you paid, if any, for use of the site.
19. You agree to defend and hold ArdorAsia, its affiliates and related corporations from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site or any breach of these terms. In addition, ArdorAsia may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site, including informing any third party ArdorAsia deems appropriate of such breach or use and/or disclosing your personal information to such third party.
20. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by ArdorAsia with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive ArdorAsia’s right to act with respect to subsequent or similar breaches.
21. You hereby agree and acknowledge:
– that all electronic communications made pursuant to the use of this Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
– not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically.
22. These terms shall be governed by Singapore laws and any dispute arising out of the use of the Site shall be referred to the Singapore courts. You acknowledge and agree that by using any of the Services herein or the Site you submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.