1. GENERAL
These Terms of Use contain the provisions in the contractual relationship entered into between you (the "Customer") and us ("Culina Pte Ltd") which you agree to be binding and enforceable at the time you access and/or use this Website and any of the services provided by Culina Pte Ltd via this Website. You are deemed to have read, understood and accepted these Terms of Use.
Culina Pte Ltd reserves the right to modify, add, vary or amend any of these Terms of Use from time to time without prior notice to you. It shall revise such Terms of Use by updating this page from time to time, and in its sole discretion. Your continued use of this Website and any of the services provided herein after such changes are posted, shall be deemed an agreement by you of these Terms of Use as modified.
This Website and all materials, including but not limited to graphics, photographs, illustrations, data, text, images and information on the products and services offered by Culina Pte Ltd (the "Contents") appearing on this Website may be modified, suspended or removed without prior notice.
2. INTELLECTUAL PROPERTY RIGHTS
The Contents appearing on this Website are protected by copyright, trademark and other forms of proprietary rights ("Intellectual Property") which are owned, licenced to or controlled by Culina Pte Ltd or its affiliates.
Except as otherwise provided and agreed to in writing by Culina Pte Ltd, you are strictly prohibited from uploading, downloading, copying, reproducing, re-publishing, transmitting or distributed in any way, the Contents or any part thereof.
Culina Pte Ltd retains all rights, title and interests in all Intellectual Property in the Contents and all concepts, systems, written, graphic and other materials in this Website, and you and any other persons are prohibited from using the same without the prior written permission of Culina Pte Ltd.
3. ACCESS TO WEBSITE
Culina Pte Ltd reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
4. LINKS
This Website may contain links to other websites and pages which are not maintained by Culina Pte Ltd. By clicking on or activating such links, you acknowledge that Culina Pte Ltd does not exercise control over any data or any information which you give to any other entity after leaving this Website. Any access to such other websites is entirely at your own risk. Culina Pte Ltd shall not be liable for any damages or loss arising from you accessing such other websites.
All hyperlinks to such other websites are provided as a convenience to you, and Culina Pte Ltd is not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
5. CONFIDENTIALITY
No data transmissions over the Internet or via wireless networks can be guaranteed to be 100% secure. Consequently, Culina Pte Ltd does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
6. SECURITY OF WEBSITE
You hereby expressly acknowledge and agree that:-
This Website is provided on an "as is" and “as available” basis without warranties of any kind and Culina Pte Ltd does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
Culina Pte Ltd does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, non-infringement of the Contents;
To the fullest extent permitted by law, Culina Pte Ltd is not responsible for and shall not be liable for any injuries, losses or damages of any kind arising out of or in connection (whether directly or indirectly) with your use of this Website. Accordingly, you hereby release Culina Pte Ltd (and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all claims, losses, damages and/or liability in respect of any injuries, losses or damages of any kind arising out of or in connection with your use of this Website;
Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Culina Pte Ltd is not liable for any computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.
While Culina Pte Ltd shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
You agree to indemnify and hold Culina Pte Ltd, its directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, demand or costs (including solicitors' fees on a full indemnity basis) which Culina Pte Ltd may suffer or incur due to or arising out of in connection with :-
Your breach of any of the provisions of these Terms of Use;
Otherwise in connection with these Terms of Use, your use of this Website.
7. FORCE MAJEURE
Culina Pte Ltd shall not be liable to you or any other party, or be deemed to be in default, for any delay or failure in performance under these Terms of Use resulting from acts beyond its control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of the Government of Singapore or of any of its government agencies, strikes, labour disputes (whether or not involving Culina Pte Ltd's employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Culina Pte Ltd, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services.
8. OTHER PROVISIONS
No failure, delay, relaxation or indulgence on the part of Culina Pte Ltd in exercising any power or right conferred upon it in these Terms of Use shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use.
If any provision of these Terms of Use is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the terms of these Terms of Use, such provisions shall be fully separable and these Terms of Use shall be construed as if such illegal or invalid provision had never comprised a part of these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms of Use.
No person shall have any rights under the Contracts (Rights of Third Parties) Act (Cap 53B) unless that person is expressly named in these Terms of Use.
9. APPLICABLE LAW
These Terms of Use shall be governed by, and shall be construed in accordance with the laws of Singapore and you agree to submit to the jurisdiction of the Singapore courts.