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© 2019 LOYALTY ADVANTAGE PTE. LTD.       SINGAPORE

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Terms of use

We, LOYALTY ADVANTAGE PTE. LTD. (“our Company”) thank you for visiting our website www.loyaltyadvantage.com.sg / www.loyaltyadvantage.com (“our Site”). Your terms of use of our Site shall be governed by the terms and conditions as set out herein (“our Terms of Use”) and our Privacy Policy. Your use of our Site constitutes your full agreement to our Terms of Use and our Privacy Policy, which shall form a legally binding and enforceable contract between you and our Company (“Agreement”). If you do not accept any provision in our Terms of Use or our Privacy Policy, please immediately cease all usage of our Site, and notify us to discontinue any Updates which you have signed up for, failing which you shall be deemed to be bound by all the provisions contained in our Privacy Policy and our Terms of Use as follows:

 

1.     Updates to our Terms of Use

 

1.1    You agree that it is your responsibility to regularly check our Terms of Use available at http://www.loyaltyadvantage.com/terms-of-use to keep yourself updated of any changes or modifications.

 

1.2    Accordingly, you agree that our Terms of Use may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued use of our Site following any such changes constitutes your agreement to be bound by our amended Terms of Use which is accessible at all times, and should be accessed by you regularly, at http://www.loyaltyadvantage.com/terms-of-use

 

​2.     Our Site Content

 

2.1    No information on our Site, or our newsletters, marketing materials, promotional updates or other email updates (collectively, our “Updates”) which you may have viewed, subscribed to or downloaded via our Site, constitutes financial advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law.

 

2.2    The content on our Site and Updates are meant to provide information regarding our Company, our services, our experience in assisting companies and businesses to retain the loyalty of their customers, as well as other related matters. The aforesaid information constitutes general knowledge only not meant for specific reliance by any entity or individual, and therefore in the event that you wish to obtain guidance on loyalty retention for your business, please email us at mark.mullinix@ascendaloyalty.com. Neither our Site, nor our Updates, is intended to be a substitute for any legal advice, financial advice, nor any representations by any law firms, financial institutions, or any licensed financial planners, and you should seek specific professional financial advice on any financial subject matter for which you require specific input.

 

2.3    Any general knowledge, opinions, articles, FAQs, questions and answers, expressed on our Site, and our Updates constitutes the sole discretionary opinion of our Company, and where applicable, third party writers, reviewers, individual contributors from the public, and consultants whose names shall be published along with such tips and/or opinions only, and does not represent the opinion of any regulatory bodies or regulated institutions (unless otherwise stated).

 

2.6    Reviews of our services, our Site, our Updates and other matters related to our Company posted by individuals or third party companies on our Site and our Updates are the personal views of such individuals or third party companies, and do not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the effectiveness or results of the reviewed services or other subject-matter.       

 

3.     Intellectual Property

 

3.1    All content, including any write-ups, articles, quotations, diagrams, charts, layouts, photographs and drawings, as displayed on our Site, and in our Updates, are protected by copyright, design registrations, trade mark registrations and/or other intellectual property rights (whether owned by the Company or licensed to the Company). You agree therefore that without our Company's prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, sell, modify or create derivative works from, any part of the content found on our Site, or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our content.

 

3.2    All company names (including our Company's name and the company names of the any third parties featured on our Site), logos, trade marks, service marks, brands (collectively the “Branding”) represented on our Site, and in our Updates belong to our Company or to third parties who have agreed (or permitted our Company) to display their Branding on our Site, and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.

 

 

4.     Third Party Sites and Browsing Experience

 

4.1    Please note that we do not control any links, services, content, products or resources provided by other third parties referenced or linked to our Site, or in our Updates, even if such third party’s website may be co-branded with ours by bearing our Company logo or name. We seek your further understanding that we are unable to control or influence any third parties' actions even if their websites are hyperlinked on our Site, or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly.

 

4.2    You agree that our Company may employ cookies, action tags or other legal technological means to record your anonymised accessing of our Site for the purpose of providing better services and enhancing your browsing experience.

 

 

5.     Minors

 

5.1    Our target audience are companies, businesses and freelancers operating a trade or service. Our Site, and our Updates are therefore not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Company to determine whether any user of our Site is a minor. If you are a minor, please discontinue the use of our Site immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site.

 

​6.     Feedback

 

6.1    In the event that you provide us with any feedback and comments, whether via email to our Company or any postings, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you (“Feedback”) shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign all ownership (including but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.

 

6.2    Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees, settlement amounts, fines, penalties, and law enforcement actions.


​7.     Disclaimers and Limitation of Liability

 

7.1    While we have exercised due care in the preparation of all content displayed on our Site, and in our Updates, such content, information and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”.

 

7.2    YOUR USE OF OUR SITE, AND OUR UPDATES IS AT YOUR OWN DISCRETION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE) OR RELIABILITY OF OUR SITE, OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, AND FOOLPROOF SECURITY AGAINST THIRD PARTY HACKERS.

 

7.3    IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL OUR COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, LOSS, LOSS OF CUSTOMERS, LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, LOST DATA OR COST OF SERVICING OR REPAIR OF COMPUTER OR OTHER EQUIPMENT, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF ANY USE OF (OR INABILITY TO USE) OUR SITE, OR OUR UPDATES (OR OUR COMPANY'S BREACH OF ANY PROVISION HEREIN THIS TERMS OF USE OR PRIVACY POLICY) WHETHER DUE TO VIRUSES OR THIRD PARTY HACKERS OR OTHERWISE, OR ANY RELIANCE ON OR USE OF THE INFORMATION, CONTENT, THIRD PARTY LINKS, THE PRODUCTS OR SERVICES INTRODUCED OR DESCRIBED HEREIN OUR SITE, OR OUR UPDATES EVEN IF OUR COMPANY HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.

 

7.4    Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of using or accessing our Site, or our Updates, including but not limited to any virus, trojan horse or worm attacks on your computer.

 

7.5    In the event that our Company’s liability to you in relation to our Site, and/or Updates cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed S$50.

8.     Indemnification

 

8.1    You agree to indemnify and hold our Company and its shareholders, directors, officers, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including legal fees on a full indemnity basis arising from or related to your breach of any of the provisions herein this Terms of Use, your use of our Site, and/or our Updates.

 

 

9.     Governing Law and Jurisdiction

 

9.1    Our Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of Singapore, without reference to any conflict-of-law principles.

 

9.2    In the event of any disputes arising from this Terms of Use, your agreement thereto, and/or your use of our Site, you must first contact our Company’s officer at mark.mullinix@ascendaloyalty.com regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.

 

 

​10.     Miscellaneous

 

10.1    If any provision or clause of our Terms of Use or part thereof is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of these Terms.

 

10.2    The failure or delay of our Company at any time to enforce any of its rights hereunder this Terms of Use shall not be constituted as a waiver thereof and shall in no manner affect our Company's rights at a later time to enforce the same.

 

10.3    A person 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 of its terms.

Last updated: 15 February 2019