Power of Numbers Website Terms and Conditions
1 Representations & Warranties
1.1 You hereby represent and warrant that:
1.1.2 you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Web Terms 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 or other legal 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 Web Terms 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 Web Terms;
1.1.3 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 Web Terms; and
1.1.4 all of the information provided by you to PONA (including without limitation personal particulars and contact information) is accurate and complete.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit:
"Account" means a registered account of a Member enrolled under this Site.
"Cards" means printed cards containing your Member Data, ordered by you via this Site and printed by you or delivered to you.
"Computer" means your computer, notebook computer, personal digital assistant, mobile phone, tablet device or other electronic device used to access this Site or the Services.
"Content" means Product listings, 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 8.1.
"Member" means a registered member of the Site.
"Member Data" means personal data, photographs, images, records, documents, certificates and information of a Member which is entered and uploaded by such Member via the Site for restricted access and archival.
"Membership Terms" means the terms and conditions applicable to Members accessible here.
"PONA Content" means all Content of PONA that is made available on or via this Site.
"Products" means products and/or services for which PONA invites orders on this Site, including Cards.
"Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
"Services" is defined in Clause 3.2.
"Site" means the PONA website containing the link to these Web Terms.
"Third Party Products" means products and services of third parties 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 this Site which is created, transmitted, posted or uploaded by a user of the Site, including where applicable, Member Data.
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 PONA.
3.2 PONA may now or in the future offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):
3.2.1 a restricted platform with security features for a Member:
(i) to enter and upload Member Data for restricted access and archival; and
(ii) to grant authorised third parties access to such Member's own Member Data;
3.2.2 online ordering of Products;
3.2.3 access to Content;
3.2.4 search engines or tools;
3.2.5 a social platform to create, upload and publicly make available User Content other than Member Data;
3.2.6 an advertising and branding platform;
3.2.7 message boards, forums, blogs, communication tools; and
3.2.8 any other features, content or applications that PONA may offer at the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to order Products and 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 Membership Terms, Online Store Ts & Cs and other conditions accessible therein, in addition to these Web Terms.
4 Content Use Conditions
4.1 You may not access any Member Data other than your own Member Data, unless you have been given express authority to do so by the applicable Member. You may not use any Member Data other than your own Member Data, except within the scope of express authority granted to you by the applicable Member.
4.2 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade, link or exploit for any commercial or other purposes, any portion of, or any access to:
4.2.1 any Service;
4.2.2 the Site;
4.2.3 any PONA Content except, to the extent permitted, with the prior written consent of PONA or unless expressly permitted in these Web Terms;
4.2.4 any User Content except with the prior written consent of PONA and the owner of the specific User Content, unless you are the sole owner of the specific User Content; or
4.2.5 any Member Data except with the prior written consent of the owner of the specific Member Data, unless you are the sole owner of the specific Member Data.
4.3 Without prejudice to the generality of Clause 4.2, you agree not to reproduce, display or otherwise provide access to the Services, PONA Content, Third Party User Content or Member Data 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 PONA and the applicable owner of the Content or Member Data.
4.4 All PONA Content are the copyrighted work of PONA or its content or software providers, and PONA reserves and retains all rights in the PONA Content. Use of some PONA 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 Content or Member Data available on the Site or through a Service except under the specific circumstances expressly permitted by law or PONA 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 PONA Content, including without limitation the copyright in the compilation of all User Content and Member Data, shall vest in and remain with PONA.
5.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of PONA or other third parties, and all rights to the Marks are expressly reserved by PONA or relevant third parties. You are not permitted to use any Marks without the prior written consent of PONA or such third party. PONA and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of PONA 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 PONA.
5.3 The domain name on which the Site is hosted on is the sole property of PONA 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 Web Terms or any issue raises in these Web Terms or on the Site, please contact us at:email@example.com
6 Online Conduct
6.1 You hereby undertake:
6.1.1 to comply with these Web Terms, and such other notices or guidelines that may be posted on the Site by PONA from time to time (which are hereby incorporated by reference into these Web Terms); 6.1.2 not to use any Service, PONA Content, User Content or Member Data for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law, data protection law, confidentiality laws, and all laws and regulations relating to medical information;
6.1.3 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
6.1.4 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 PONA Content displayed on the Site is accurate and complete, we provide the PONA Content, User Content and Member Data 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, PONA 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, PONA does not warrant that the functions contained in or access to the Site, Services, PONA Content, User Content, Member Data or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, PONA Content, User Content, Member Data or the Servers are free of viruses or other harmful components, or that the download, installation or use of any PONA Content, User Content, Member Data in or with any Computer will not affect the functionality or performance of the Computer. PONA does not warrant or make any representations regarding the use or the results of the use of the PONA Content, User Content, Member Data, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not PONA) 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 PONA liable for the loss, theft, access or corruption of any of your User Content or Member Data that is due to any circumstances beyond the reasonable control of PONA.
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. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. PONA does not sponsor, endorse or promote any products, services or information.
7.3 You acknowledge that it is not PONA's policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content or Member Data, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that PONA does not endorse and shall not be responsible for any such User Content or Member Data. 7.4 You acknowledge and agree that PONA does not directly or indirectly own, operate, manage, control, endorse or recommend, and has no control over Third Party Products, and PONA 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, Member Data 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 PONA 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 Web Terms, 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:
7.7.1 PONA 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
7.7.2 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, PONA shall not be liable for any loss, liability or damage which may be incurred as a result.
7.8 In no event shall PONA 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 PONA Content, User Content, Member Data, Services, Third Party Products, any Computers, the Site, or any other website. In the event that PONA is liable for damages despite the foregoing provision, you agree that PONA's aggregate liability to you for any and all causes of action in relation to the PONA Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to PONA for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products and Cards offered on this Site are set out in theOnline Store Ts & Cs.
7.9 Under no circumstances, including, but not limited to, negligence, shall PONA be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the PONA Content, User Content, Member Data, Services, Products, Cards, Third Party Products, Site, or any other website, even if PONA or a PONA authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.10 You agree that the above exclusions and limitations of liability enable the Services and the PONA Content to be provided by PONA at either reasonable costs or no costs to you.
8 Linked Sites
8.1 PONA may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. PONA 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
10.1 You agree that PONA may in its sole and absolute discretion and without notice to you, 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 PONA reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of PONA Content, User Content and other material on the Site ("Infringing Material"), and to 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 PONA 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 PONA addressed as follows: The Management of Power of Numbers
11.3 PONA may in response to an Infringement Notice submitted in the above manner remove the Infringing Material from the Site. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against PONA in respect of any Infringing Material, unless you have first given PONA the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter PONA refuses or fails to remove the Infringing Material within a reasonable time. Where PONA removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against PONA under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by PONA.
11.4 You acknowledge and agree that PONA 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 PONA in Singapore. PONA makes no representation that the Services or 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 PONA, 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:
13.1.1 any use of the Site or any Service;
13.1.2 your connection or access to the Site;
13.1.3 your inability to use or access the Site or any Service;
13.1.4 your breach of any of these Web Terms, including any access, reproduction or use by you of Member Data in breach of these Web Terms;
13.1.5 your violation of any rights of another person or entity; or
13.1.6 your breach of any statutory requirement, duty or law.
14.1 PONA reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. PONA may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
14.2 PONA may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services after the amendment of these Web Terms will be deemed to be acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to close your Account and/or cease using the Services.
15.1 If any provision of these Web Terms 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 Web Terms shall continue in force save that such provision shall be deemed to be deleted.
16 Relationship of Parties
16.1 Nothing in these Web Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between PONA and you and neither party shall have any authority to bind the other in any way.
17.1 No waiver of any rights or remedies by PONA shall be effective unless made in writing and signed by an authorised representative of PONA.
17.2 A failure by PONA to exercise or enforce any rights conferred upon it by these Web Terms 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 Rights of Third Parties
18.1 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.
19 Governing Law & Jurisdiction
19.1 These Web Terms 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.