This Site’s User Agreement (“Website Conditions”) explains your legal rights and obligations in accessing, visiting and/or using the Site and/or the Service (both defined below) brought to you by Jom (ISSN 3029-2379). This Agreement does not apply to websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to from the Service. By purchasing a Product, registering for any aspect of the Service, or otherwise accessing, visiting or using the Service, you consent and agree to be legally bound by the terms of this User Agreement, which also applies to your child or ward.
If you do not agree with the terms and conditions of this User Agreement, you should not access, visit and/or use the Service, or request or receive a Product.
In addition to reviewing this User Agreement, please also review our Privacy Policy and any other terms and conditions that may be posted elsewhere in the Service or otherwise communicated to our users, because the Privacy Policy and all such terms and conditions are also part of the Agreement between you and us.
This User Agreement may be modified from time to time. To ensure that users are aware of the changes made, we will adjust the "Last Updated" date at the end of this document. If we make a material change to this User Agreement, we will also post on the Service a prominent notice that a change was made. Continued access, visitation and/or use of the Service by you, or continued receipt of a Product, will constitute your acceptance of any changes or revisions to the User Agreement. If you do not agree to the amended Agreement, you have the right to close your Account and/or cease using the Service and Product.
1. Agreement
1.1 You hereby represent and warrant that:
(a) you have read, agree and consent to this Agreement, including these Website Conditions and the terms of our Privacy Policy as amended from time to time, and the terms of the Privacy Policy are incorporated into this Agreement by reference;
(b) you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to this Agreement and you are either;
(i) accessing the Site, using the Service and contracting in your own personal capacity;
(ii) accessing the Site, using the Service 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 the Site and using the Service, in which event you agree as his/her/their parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by this Agreement and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Service, and you also agree to ensure that your child or ward observes this Agreement;
(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 this Agreement; and
(d) all of the information provided by you to Jom (including without limitation personal particulars and contact information) is accurate and complete. If in connection with your use of the Site and/or Service, you provide the Personal Data of any third parties, you further warrant and represent that these third parties have also consented to the terms of the Privacy Policy, and to the collection, use and disclosure of their Personal Data in accordance with the aforesaid.
1.2 Jom reserves the right to change, modify, suspend or discontinue the whole or any portion of the Service or Site at any time. Jom may also impose limits on certain features or restrict your access to parts or the entire Service or Site without notice or liability.
2. Definitions
2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a User opened under the Site or any App.
“Agreement” means the agreement formed by these Website Conditions and the Privacy Policy, and in the case of a User, by these Website Conditions, the Privacy Policy and the User Conditions.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access the Site, the Service or the Product.
“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.
“Linked Sites” is defined in Clause 9.1.
“User” means a registered user of the Site.
“User Conditions” means the terms and conditions applicable to Users accessible here.
“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.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
“Service” is defined in Clause 3.2.
“Site” means the Jom website and/or platform and includes, but is not limited to, the material and information contained in the website and/or platform, including any Content and RSS feeds, APIs, software code and scripts, and any other downloadable materials displayed or incorporated therein, as well as the Services offered thereon, as may be applicable.
"Jom Content" means all Content of Jom that is made available on or via the Site.
“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.
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“User Content” means all Content on the 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 Service
3.1 The Site is owned and maintained by Jom.
3.2 Jom 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 Jom, whether through an online store or otherwise; search engines or tools;
(b) a platform to create, upload and publicly make available personalised content;
(c) an advertising and branding platform;
(d) message boards, forums, blogs, communication tools;
(e) a social networking platform;
(f) e-mail alerts; and
(g) any other features, content or applications that Jom 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 User and additionally shall be bound to strictly comply with the User Conditions and/or such other terms and conditions as Jom may prescribe in addition to these Website Conditions and the other terms of this Agreement.
3.3.1 You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorise or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
3.4 In striving to provide an enjoyable online experience for users, we may monitor activity on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen User Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service, so you may be exposed to User Content that is opinionated, offensive, and/or inappropriate, including User Content that violates the Agreement.
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 Jom Content except, to the extent permitted, with the prior written consent of Jom or unless expressly permitted in this Agreement; or
(d) any Third Party User Content except, to the extent permitted, with the prior written consent of Jom and the owner or licensee of the specific User Content.
4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Service, Jom 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 Jom.
4.3 You may for your personal, non-commercial use:
(a) retrieve and display Jom Content on any compatible device owned by you;
(b) print a single copy of Jom Content on paper (but not photocopy them); and
(c) store such Jom Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
4.4 All Jom Content are the copyrighted work of Jom or its content or software providers, and Jom reserves and retains all rights in the Jom Content. Use of some Jom Content may be governed by the terms of an accompanying end user licence agreement.
4.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Jom Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or Jom in writing.
4.6 To the maximum extent permitted under applicable law, you irrevocably and unconditionally formally waive in each case for the benefit of Jom, and shall not assert against them, any and all Moral Rights which may arise whether now or in the future in Singapore and anywhere else in the world, in relation to any work or materials created by you in the course of or in connection with this Agreement.
For the purposes of these Website Conditions, “Moral Rights” shall include without limitation any and all rights as defined in Part 7 of the Copyright Act 2021 (No. 22 of 2021 of Singapore), as well as other analogous rights arising under any laws anywhere in the world, whether now or in the future.
5. Intellectual Property
5.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Service, the Site, and all Jom Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Jom.
5.2 The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Jom or other third parties, and all rights to the Marks are expressly reserved by Jom or relevant third parties. You shall not use any Marks without the prior written consent of Jom or such third party. Jom enforces their intellectual property rights to the fullest extent of the law. The name of Jom 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 Jom.
5.3 The domain name on which the Site is hosted on is the sole property of Jom 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 this Agreement or any issues raised in this Agreement or on the Site, please contact us at info@jom.media.
6. Online Conduct
6.1 You hereby undertake:
(a) to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by Jom from time to time (which are hereby incorporated by reference into this Agreement);
(b) not to use any Service or Jom Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law, the Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019) and the Protection from Harassment Act (Cap. 256A));
(c) not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Service or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
(d) not to use any automated process, use any kind of scripting software or bots or service to access and/or use the Site and/or Service; and
(e) not to use the Account of another User at any time, whether with or without his/her/their permission.
7. Disclaimers & Limitations
7.1 While we make every effort to ensure that all Jom Content displayed on the Site is accurate and complete, we provide the Jom 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, Jom 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, Jom does not warrant that the functions contained in or access to or use of the Site, Service, Jom Content or other content will be timely, secure, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Service, Jom Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Jom Content in or with any Computer will not affect the functionality or performance of the Computer. Jom does not warrant or make any representations regarding the use or the results of the use of the Jom Content, the Service, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You agree that you (and not Jom) shall bear and assume all risk arising out of your use of the Site, Service, Jom Content or the Servers including, without limitation the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. Without limiting the foregoing, you agree not to hold Jom liable for the loss of any of your User Content that is due to any circumstances beyond the control of Jom.
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 the 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 does not and is not 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. Jom does not sponsor, endorse or promote any financial products, services or information.
7.3 You acknowledge that it is not Jom’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, e-mail or any information that may be inserted or made available on the Site by other users of the Service and that Jom does not endorse and shall not be responsible for any such content.
7.4 You acknowledge and agree that Jom does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Jom 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 the Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Jom 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 this Agreement, 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 Jom may in our sole and absolute discretion, screen, delete and/or remove any Content made available on the Site, including where Jom receives a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in Jom’s sole and absolute opinion such Content is in breach of this Agreement, or is illegal or otherwise objectionable, or for any other reason as Jom may see fit. Jom may use automated systems that analyse any Content made available by you to help detect infringement and abuse, such as spam, malware, and illegal content. Jom may delete, archive, block or remove communications by you (including but not limited to feedback, postings, messages and/or chats).
7.8 You agree that:
(a) Jom 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 Service without assigning any reason; and
(b) access to or the operation of the Site, Servers and/or the Service 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, Jom shall not be liable for any loss, liability or damage which may be incurred as a result.
7.9 In no event shall Jom 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 Jom Content, User Content, Service, Third Party Products, any Computers, the Site, or any other website. In the event that Jom is liable for damages despite the foregoing provision, you agree that Jom’s aggregate liability to you for any and all causes of action in relation to the Jom Content, Service, Site, and the Agreement, shall not exceed in aggregate of S$50.00 or the total amount of fees and charges paid and/or payable by you for the Services to Jom for the one (1) month period immediately preceding the time such liability arose, whichever is lower.
7.10 Under no circumstances, including, but not limited to, negligence, shall Jom be liable for any indirect, special, consequential, loss of profits, loss of business or incidental damages suffered by any party or that result from (A) this Agreement; or (B) the use of, or the inability to use, the Jom Content, Service, Site, or any other website, even if Jom or a Jom authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.11 To the maximum extent permitted by applicable law, Jom 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.
7.12 You agree that the above exclusions and limitations of liability are reasonable and enable the Service and the Jom Content to be provided by Jom at either reasonable costs or no costs to you.
8. Linked Sites
8.1 Jom may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. Jom 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 Privacy Policy which explains our data use and privacy practices in detail.
9.2 The foregoing consents provided by you in Clause 1 supplements but does not supersede nor replace any other consents you may have previously provided to Jom in respect of your Personal Data, and your consents herein are additional to any rights which we may have at law to collect, use or disclose your Personal Data.
9.3 The Site may provide links to Linked Sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
9.4 The Site uses cookies. A cookie is a small text file which is placed on your device whenever you run or use the Site. These cookies collect information about your use of the Site. We use cookies and other related technologies to facilitate your use of the Site and to improve your experience of the Site. You may change the settings on your device to block the use of cookies. However, if you do choose to block the cookies used in the Site, you may not be able to use certain features and functions of the Site. For more information about the cookies we use, please see our Cookie Policy.
9.5 If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your Registration Information), you are responsible for promptly changing the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us at info@jom.media.
10. Fees and Payments
10.1 We may charge Fees for Products, and/or for access to any portion(s) of the Service or the Service as a whole. You agree to pay all such Fees at the rates in effect for the billing period in which such fees and charges are incurred. Unless otherwise specified on the Service, all Fees will be quoted and charged in SG dollars. We reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees.
10.2 If you submit a credit card number, or other payment information upon registration, at the time of purchase, or otherwise, you authorise, give us permission, and direct us to retain such information and to charge all Fees to such payment method.
10.3 We may charge Fees in advance and on a daily, monthly, yearly, lump sum, or other basis. Fees for certain Products may be invoiced on your mobile carrier's bill. We may, in our sole discretion, charge Fees to your designated payment method individually, or elect to aggregate Fees for some or all of your purchases. All Fees are due promptly and, unless otherwise indicated, are non-refundable. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
10.4 If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys' fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.
10.5 In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, Internet and other services necessary to access, visit and/or use the Service. If you are accessing the Service via a mobile Device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.
11. Termination
11.1 You agree that Jom 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 Service, without assigning any reason. Grounds for such termination may include, but are not limited to: (a) a breach of any of the terms under the Agreement; (b) violation of any applicable law; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; and/or (d) behaviour that is harmful to other users, third parties, or the business interests of Jom. Use of your Account, the Site and/or the Service for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.
11.2 Upon suspension or termination of your Account or your access to all or any part of the Site or Service,
(a) all rights and/or licences granted to you under this Agreement shall immediately terminate;
(b) we may remove or discard from the Services any Content associated with your Account; and
(c) you remain liable for all obligations you may have incurred under this Agreement.
12. Notification of Infringement
12.1 Jom reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Jom 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 the Site, please notify Jom in writing immediately and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
12.2 All Infringement Notices shall be sent to Jom addressed as follows:
ATTN:
The Company Secretary
c/o Breindel Account Support Services Pte Ltd
311 Old Birdcage Walk #02-05
Singapore 798484
+65 6515 5313
12.3 Jom 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 Jom in respect of any Infringing Material, unless you have first given Jom the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Jom refuses or fails to remove the Infringing Material within a reasonable time. Where Jom removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Jom under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Jom.
12.4 You acknowledge and agree that Jom has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
13. Content
13.1 Jom reserves the right to investigate notices of infringement under the Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019), including without limitation the Code of Practice for Transparency of Online Political Advertisements and the Code of Practice for Preventing and Countering Abuse of Online Accounts (“Relevant Notices”) received in respect of Jom Content, User Content and other material on the Site and take such action as it considers appropriate to comply with the requirements of the said Act and/or Codes.
13.2 If you believe that any Jom Content, User Content and other Material on the Site contravenes the said Act or any other written law, including without limitation where (a) there are online political advertisements that are undisclosed or miscategorised; (b) there is a suspected abuse of advertising tools by malicious actors; and/or (c) there are compromised end-user account(s) and/or account(s) that impersonate any "verified" accounts, you may notify Jom in writing from time to time for such purposes.
13.3 If you detect any suspected vulnerabilities or weaknesses in the Service, the Site, systems, resources and/or processes which may potentially affect Jom’s internet-accessible Service, notify us immediately or as soon as practicable at info@jom.media. This Clause 12.3 does not authorise or permit the taking of any action which may contravene applicable laws and regulations, including without limitation the Computer Misuse Act (Cap. 50A) and all of Jom’s rights and remedies are expressly reserved. Without limiting the generality of the foregoing, any exploitation or testing of suspected vulnerabilities or gaining unauthorised access to any computer program or data is prohibited, and you agree and undertake not to:
(a) publish or publicly disclose any suspected vulnerability to any third party;
(b) deploy destructive, disruptive or other unlawful means to detect vulnerabilities, including without limitation any attacks on physical security, social engineering, denial of service, brute force attacks; and
(c) exploit, test or otherwise use any suspected vulnerability, including without limitation taking any step(s) to access, copy, create, delete, modify, manipulate or download any data or programme, build system backdoor(s), modify system configuration(s), facilitate or share system access.
14. Jurisdictional Issues
14.1 The Site is owned and operated by Jom in Singapore. Jom makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access the 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.
15. Indemnity
15.1 You agree to indemnify and hold Jom, and its affiliates, collaborators, 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 Service;
(b) your connection to the Site;
(c) your breach of any terms and conditions of this Agreement;
(d) your violation of any rights of another person or entity; or
(e) your breach of any statutory requirement, duty or law.
16. Severability
16.1 If any provision of this Agreement 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, this Agreement shall continue in force save that such provision shall be deemed to be deleted.
17. Relationship of Parties
17.1 Nothing in this Agreement shall constitute or be deemed to constitute an agency, partnership or joint venture between Jom and you and neither party shall have any authority to bind the other in any way.
18. Waiver
18.1 No waiver of any rights or remedies by Jom shall be effective unless made in writing and signed by an authorised representative of Jom.
18.2 A failure by Jom to exercise or enforce any rights conferred upon it by this Agreement 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.
18.3 In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
19. Assignment
19.1 You may not assign this Agreement or any of its rights or obligations under these Agreement to any party.
19.2 Jom may, by notice in writing posted on its website, assign all of its rights and interests relating to or in connection with this Agreement, the Site and/or Service to The Inquiry Pte Ltd (the “Transferee”) without your consent.
19.3 Without prejudice and in addition to the right under Clause 18.2 above, Jom may, by notice in writing posted on its website (the “Notification”), transfer and/or novate all of its rights, interests, obligations and liabilities relating to or in connection with this Agreement, the Site and/or Service to the Transferee, and you shall not withhold your consent thereto. For the avoidance of doubt, you hereby consent to (a) the assignment of all rights of Jom relating to or in connection with this Agreement, the Site and/or Service to the Transferee, (b) the assumption by the Transferee of all liabilities of Jom relating to or in connection with this Agreement, the Site and/or Service, (c) the release of all obligations of Jom relating to or in connection with this Agreement, the Site and/or Service, and (d) the Transferee taking the place of Jom as if it were named in all documents relating to or in connection with this Agreement, the Site and/or Service as a party thereto in place of Jom, in each case with effect from such effective date as may be informed in the Notification.
20. Rights of Third Parties
20.1 Except as provided for in Clause 14, 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.
21. Force Majeure
21.1 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.
21.2 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.
22. Governing Law & Jurisdiction
22.1 This Agreement and all matters relating to your access to, or use of, the Site and the Service 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.
22.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
23. Contact Us & Notice
23.1 If you have any feedback or enquiries relating this the Site and/or the Service, and/or this Agreement, please contact us.
23.2 All notices required or permitted to be given hereunder to Jom shall be in writing and in the English language and shall be sent by hand or by post to:
Attn:
The Company Secretary
c/o Breindel Account Support Services Pte Ltd
311 Old Birdcage Walk #02-05
Singapore 798484
+65 6515 5313
Last Updated: 12 August 2022