Website Terms & Conditions
Welcome to Peter Knipp Holdings Pte Ltd. Please read the following Terms & Conditions carefully (including our Privacy Policy) (collectively "Website T&Cs") before using this Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to Peter Knipp Holdings Pte Ltd and/or its related entities, affiliates and subsidiaries (individually and collectively, "PKH"). These Terms & Conditions constitute a binding legal agreement (or where Clause 1) between You, an individual User (“You” or “Your”) and the applicable Peter Knipp Holdings Pte. Ltd. (UEN 199604103W), with office at 7 Jalan Kilang, #02-01, Singapore 159407 (“PKH”).
By your access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website T&Cs. If you DO NOT accept these Website T&Cs, please leave the Site and discontinue use of the Services IMMEDIATELY.
PKH may revise these Website T&Cs for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of Website T&Cs. Should you DO NOT accept these Website T&Cs, please leave the Site and discontinue use of the Services IMMEDIATELY.
1. Definitions and Interpretations
1.1. In these Website T&Cs, the Privacy Policy and the Member T&Cs, the following terms have the following meanings:
- Account means the registered account of a Member opened under this Site.
- Agreement means the acknowledgement and understanding of these Website T&Cs and the Privacy Policy, and in the case of a Member, by these Website T&Cs, the Privacy Policy and the Member T&Cs.
- Computer means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
- 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 7.1.
- Member means user of a registered account opened under this Site.
- Member T&Cs means the terms and conditions applicable to Members accessible here.
- Partners means all advertisers and participating company/brands/individuals linked to PKH events.
- PKH Content means all Content of PKH that is made available on or via this Site.
- Products is defined in Clause 3.
- 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.
- Site means websites that are owned and maintained by PKH.
- 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 this Site which is created, transmitted, posted or uploaded by a user of the Site.
1.2. The words “include” and “including” shall not be construed as having any limiting effect.
2. Agreement
2.1. You hereby represent and warrant that:
- You have read and agreed to these Website T&Cs;
- you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website T&Cs and you are either in your own personal capacity or acting 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 Website T&Cs 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 Website T&Cs;
- 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 Website T&Cs; and
- all of the information provided by you to PKH (including without limitation personal particulars and contact information) is accurate and complete.
2.2. PKH reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. PKH may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
2.3. PKH may revise these Website T&Cs for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of Website T&Cs. Should you DO NOT accept these Website T&Cs, please leave the Site and discontinue use of the Services IMMEDIATELY.
3. Products and Services
3.1. PKH may offer one or more of the following products and services on or through the Site:
- Subscription to Digital & Physical Bi-Monthly Magazine, Cuisine & Wine Asia;
- photography services by Edward Studio Services;
- event ticketing and Reservation linked to PKH events;
- event and kitchen consultancy enquired through the site;
- access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and other types of works regarding both PKH content and Third Party User Content;
- an advertising and branding platform for partners;
- email confirmation and alerts; and
- PKH reserves the right to withdraw or amend the products or/and services in its sole discretion and without prior notice. PKH will not be liable if, for any reason, all or any part of the products or/and services are unavailable at any time or for any period.
3.2. You are free to use the services without providing us with information that may identify you specifically. You can also elect to register on our site to take advantage of our offers or promotions. You acknowledge and agree that to access and use certain Services, you may be required to register as a Member and additionally shall be bound to strictly comply with the Member T&Cs in addition to these Website T&Cs.
3.3. From time to time PKH will run competitions, promotions and surveys at the Site. These are subjected to additional terms and conditions that will be made available at the time they are run.
4. Explanation of Content, Users Obligations, Intellectual Property Rights
4.1. PKH grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to access and use the services only for your personal use and not for any commercial purpose. PKH reserves all rights not expressly granted.
4.2. All PKH content is the copyrighted work of PKH or its content or software providers, and PKH reserves and retains all rights in the PKH Content. Use of some PKH Content may be governed by the terms of an accompanying end user license agreement.
4.3. You must not reproduce, save, distribute, modify, adapt, translate, create derivative works of, publicly display, publicly perform, broadcast, podcast, webcast, sell, trade, republish or exploit for any commercial or other purposes, any portion of, or any access to:
- Any services;
- the site;
- any Third Party User Content except, to the extent permitted, with the prior written consent of PKH and the owner or licensee of the specific User Content; or
- any PKH Content except, to the extent permitted, with the prior written consent of PKH or unless expressly permitted in these Website T&Cs.
4.4. When using the Services, it is prohibited to:
- Use of robots, spiders, scrapers or any other automated means of access to the website for any purpose;
- take measures that would put unreasonable or disproportionate pressure on PKH’s technical infrastructure;
- implement operations to monitor or copy the content of the services;
- employ devices, software or programming that impairs or attempts to impair the functioning of the services;
- advertise within the services, for your own or for a third party’s benefit, without prior express written permission from PKH– including, without being limited hereto, advertising competitions or discounts, and inviting persons to take part in competitions;
- impersonate any third person within the services, e.g. a PKH representative or a person responsible for the Service in some way, or implying a relationship to some such person that does not exist;
- provide incorrect or false information to PKH or third parties, including fake e-mail addresses;
- use any Service or PKH Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
- harass, insult, threaten, defame, cause unreasonable inconvenience in any way to, or claiming or spreading untrue claims regarding anyone including individuals, legal entities or companies; and
- collect, save or distribute personal information and data about other users, if permission has not been expressly given by the affected parties and PKH.
4.5. You must not decompile, reverse engineer or otherwise attempt to discover the source code of any PKH Content available on the site or through services except under the specific circumstances expressly permitted by law or PKH in writing.
4.6. You hold harmless PKH (including their employees, staff, representatives, shareholders and other vicarious agents) from any third party’s claims and shall compensate PKH or any other named persons for damages or necessary expenses arising from claims caused by the user’s breach of their contractual warranties or duties. This also includes reasonable lawyer and court fees.
4.7. The copyright, patents, trademarks, registered designs and all intellectual property rights in the services, the site, and all PKH Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with PKH.
4.8. The trademarks, logos and service marks ("Marks") displayed on this site are the property of PKH or other third parties, and all rights to the Marks are expressly reserved by PKH or relevant third parties. You may not use such Marks without the prior written permission of or such third party. PKH and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of PKH or any other Marks must not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of PKH.
4.9. The domain name on which the Site is hosted on is the sole property of PKH and you may not use or otherwise adopt a similar name for your own use.
If you have any questions or concerns about these Website T&Cs or any issues raised in these Website T&Cs or on the Site, please contact us at: althea@pkh.com.sg
5. Disclaimer of Warranties
5.1. Your use of the service is at your own risk.
While we make every effort to ensure that all PKH Content displayed on the Site is accurate and complete, we provide the PKH Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied, statutory or otherwise, including but not limited to any warranties of satisfactory quality, merchantability or fitness for particular purpose, compliance with description, or the warranty of non-infringement.
5.2. Any purchases or reservations made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. PKH will make best endeavours to ensure that Products and reservation availability reflected on this is site is always accurate and up-to-date, but does not make guarantees on Third Party Products ability to honour such arrangements or reservations and expressly disclaims all liabilities or damages arising from the Third Party Products inability to do so.
5.3. You acknowledge and agree that PKH is not an agent, reseller or distributor of, and have no control over Third Party Products, and PKH 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.
6. Limitation of Liabilities
6.1.Without limiting the foregoing, PKH does not warrant that the functions contained in or access to the Site, Services, PKH Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, PKH Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any PKH Content in or with any Computer will not affect the functionality or performance of the Computer. You (and not PKH) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. PKH does not warrant or make any representations regarding the use or the results of the use of the PKH Content, the Products, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You agree not to hold PKH liable for the loss of any of your User Content that is due to any circumstances beyond the control of PKH.
6.2. You hereby agree and understand that:
- PKH 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, Products and/or Services without assigning any reason; and
- 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, PKH shall not be liable for any loss, liability or damage which may be incurred as a result.
6.3. In no event shall PKH 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 PKH Content, User Content, Products, Services, Third Party Products, any Computers, the Site, or any other website. In the event that PKH is liable for damages despite the foregoing provision, you agree that PKH’s aggregate liability to you for any and all causes of action in relation to the PKH Content, Products, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Products and Services to PKH for the one (1) month period immediately preceding the time such liability arose.
6.4. Under no circumstances, including, but not limited to, negligence, shall PKH be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the PKH Content, Products, Services, Site, or any other website, even if PKH or a PKH authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7. Linked Sites
7.1. PKH may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. PKH 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.
8. Account Registration, Data Use & Privacy
8.1. You are free to use the services without providing us with information that may identify you specifically. You can also elect to register on our site to take advantage of our offers or promotions. You acknowledge and agree that to access and use certain Services, you may be required to register as a Member and additionally shall be bound to strictly comply with the Member T&Cs in addition to these Website T&Cs.
8.2. You should not submit any personal information or data without first reading and agreeing to our Privacy Policy, which explains our data use and privacy practices in detail. Should you not agree with our Privacy Policy, you may still use the Services anonymously and shall strictly comply with these Website T&Cs.
9. Termination
9.1. The Service is provided free of charge to you. PKH reserves the right to suspend or terminate the operation of, or access to, all or any part of the Site or Service at any time in its sole discretion. In addition, PKH reserve the right to suspend or terminate your individual access and use to all or any part of the Site or Service at any time in our sole discretion.
10. Copyright Infringement & Notification of Infringement
10.1. All content can be published by you (including text, comments, files, images, photos, videos, work, etc), possibly subject to property rights, intellectual property rights, image rights or other private law remain the property of you, subject to limited rights granted by the license set forth below in PKH or application, in each case, other special conditions previously accepted for specific services potentially available on sites PKH. You are free to publish or not publish such Content on the Site including via the service "photo sharing" and accept that these contents become public and freely accessible on the Internet in particular. You accept that this Content can be used by the PKH into some commercial communications.
10.2. You acknowledge, agree and guarantee to have all necessary rights and authorizations for such publication on the Site, including under the legislation in force and the right to respect for private life, property, property intellectual, like, contracts or any other kind. By such a publication on the Site, you are aware of potential liability as a publisher of content within the meaning of the law, and agree on said Content, for the duration of publication, PKH, a non-licensed exclusive, free, worldwide, including the rights of reproduction, representation, loading, displaying, running, transmission, storage, and sublicense, including its subsidiaries, technical and other partners Users site. You also allow your name to be associated with the content and accept that this association is not always done.
10.3. Your publication, you can authorize a content automatically become available on the internet, including on other websites and / or blogs and / or web pages including PKH pages including social networking site of PKH can share some content.
10.4. PKH reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of PKH 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 this Site, please notify PKH in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
10.5. All Infringement Notices shall be sent to PKH addressed as follows:
The Management
Address : 7 Jalan Kilang, #02-01, Singapore 159407
Email: althea@pkh.com.sg
10.6. PKH will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take or exercise any legal action, in any right of actions, that you may have against PKH in respect of any Infringing Material, unless you have first given PKH the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter when PKH refuses or fails to remove the Infringing Material within a reasonable time. Where PKH removes the Infringing Material in response to your Infringement Notice, you agree not to exercise any legal action and you hereby waive, any right of actions against PKH under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by PKH.
10.7. You acknowledge and agree that PKH has no control and will not undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
11. Dispute Resolution
11.1. Informal Dispute Resolution - PKH wants to address your concerns without needing a formal legal proceeding. Before filing a claim against PKH, you agree to try to informally resolve the dispute by contacting us as indicated in the How to contact us section. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, you or PKH may bring a formal legal proceeding.
11.2. Use of Arbitration - You agree that any dispute between you and PKH arising out of or relating to the Service, or any other Products or Services obtained through the Service will be governed by the arbitration procedure below. Disputes will be arbitrated by a mutually agreeable neutral arbitrator. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received the dispute will be arbitrated by SIAC arbitration services. The arbitrator will use the applicable SIAC arbitration rules unless a different set of rules are agreed upon. The SIAC rules are available at www.siac.org.sg or by calling +65 6713 9777.
12. Jurisdictional Issues
12.1. This Site is owned and operated by PKH in Singapore. PKH makes no representation that the 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. Governing Law & Jurisdiction
13.1. These Website T&Cs 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.
13.2. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
14. Indemnification
14.1. You agree to indemnify and hold PKH, and its subsidiaries, affiliates, officers and directors, 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, expenses, due to or arising out of:
- Any use of the Site, any Products or any Services;
- your connection to the Site;
- your breach of any terms and conditions of these Website T&Cs;
- your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
15. Waiver and Severability
15.1. PKH’s failure to enforce any right or provision of these Website T&Cs will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PKH.
15.2. If any provision of these Website T&Cs is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.
16. Rights of Third Parties
16.1. 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.
17. Force Majeure
17.1. Under no circumstances will PKH be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, hardware failures, software failures, electrical power failures, telecommunication equipment failures, other equipment failures, strikes, labour disputes, riots, insurrections, civil disturbances, war, labour or materials shortages, fires, floods, earthquakes, explosions, acts of God, governmental actions, and orders of domestic or foreign courts or tribunals.
(Last updated on 21st January 2019)
Cookies and Other Technologies Policy
PKH uses cookies and other technologies as described below to distinguish you from other users of our Sites, to provide you with a better user experience and to improve our Sites. All personal information collected through cookies is processed in accordance with this Cookies and Other Technologies Policy. For further information about this policy, please contact althea@pkh.com.sg
1. What are Cookies and Other Technologies?
1.1. Cookies are small data files that contain a string of characters. Unless you have adjusted your browser setting so that it will refuse cookies, our system will send your device a cookie when you visit our Sites.
1.2. These cookies are used for a variety of purposes. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
1.3. Cookies help us to improve our site and to deliver a better and more personalised service, for instance by storing information about your preferences and allowing us to recognise you when you return to our web sites.
1.4. The use of cookies by our partners, affiliates, tracking utility company, or service providers is not covered by our Privacy Policy. We do not have access or control over these cookies.
1.5. Some cookies enable services that you have specifically asked for, while other cookies are used to remember the choices you made in order to make it easier for you to use our Site when you return. Other cookies collect information about how you use our Site, for example which pages they visit most often, or how long you stay on a particular page.
1.6. Finally, other cookies are used to collect information about your perceived interest in our Products and Services so that we can arrange for advertisements regarding these products to display on other sites that you visit on the Internet. This way when you visit other sites that display advertisements, the advertisements that you see are more relevant to you.
1.7. Tags (also known as clear gifs, pixel tags or Web beacons) are tiny graphics with a unique identifier, similar in function to cookies that are placed in the code of a webpage.
1.8. We use tags to monitor the traffic patterns of users from one page within our Site to another, to deliver or communicate with cookies, to understand whether you have come to our Site from an online advertisement displayed on a third-party website, and to improve Site performance. We also may allow our service providers to use tags to analyse visitor traffic and actions on our Site and to help us understand which pages are more attractive to Users, or which emails have been opened by recipients. This helps us measure the effectiveness of our content and other offerings.
1.9. You can find more information about cookies at: www.allaboutcookies.org.
2. Your Consent & Choices About Cookies
2.1. On your first visit to this Site you will have seen a pop-up to inform you about the purposes for which cookies are being used and the means to opt-out. Please read this Cookies and Other Technologies Policy carefully for more details about the way we use cookies. Although this pop-up will not usually appear on subsequent visits you may withdraw your cookie consent at any time by following the instructions in this Cookies and Other Technologies Policy.
2.2. If you don’t want to allow cookies at all, or only want to allow use of certain cookies, you can use your browser settings to withdraw your consent to our use of cookies at any time and also delete cookies that have already been set. These settings are usually found in the 'options' or 'preferences' menu of your internet browser. The website www.allaboutcookies.org contains comprehensive information about the process of opting out on different browsers.
2.3. Note that by disabling certain categories of cookies, you may be prevented from accessing some features of our web sites or certain content or functionality may not be available.
2.4. If you have queries about our use of cookies, you can contact us at althea@pkh.com.sg
(Last updated on 21st January 2019)
Member Terms & Conditions
By clicking on the “I Accept”, “Submit”, “Login” or similar button or checking the “I Accept” or similar box at the end of the Account registration process or when logging in to your Account, you hereby agree to be bound by these Member Terms and Conditions (“Member T&Cs”) as well as the Website Terms And Conditions (“Website T&Cs) which are hereby incorporated by reference into these Member T&Cs, including without limitation, the representations set out in Clause 1.1 of the Website T&Cs. In the event of any conflict, inconsistency or ambiguity between these Member T&Cs and the Website T&Cs, these Member T&Cs shall govern and take precedence over the Website T&Cs.
1. Definitions and Interpretations
1.1. All Definitions and Interpretations terms in the Website T&Csapply to these Member T&Cs unless specifically defined in these Member T&Cs.
2. Account Registration and Information
2.1. You agree that your Account is for your sole, personal use or 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 Member T&Cs. You acknowledge and agree that any unauthorised sharing or disclosure of your Account will cause wrongful loss to PKH and constitutes an offence under Section 8 of the Computer Misuse Act (Cap. 50A). You hereby agree not to:
- Share or allow others to use your Account as defined in Clause 2.3; or
- transfer your Account to any other person or entity.
2.2. You shall at all times ensure all information provided upon Account Registration be updated, accurate and complete. Failure to do so shall constitute a breach of these Member T&Cs, which may result in the restriction, suspension or immediate termination of your Account.
2.3. All Account Registration process will require you to select a password (“Password”) and user name, which by default to be your Email Address or Telephone number; you must treat such information as confidential. You are not to:
- Create an Account with the intent to impersonate another person; or
- use a name subject to the rights of any other person without authorization.
2.4. You shall promptly notify PKH in the How to contact us section of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.
2.5. You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your Account. You agree that PKH shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.
2.6. Unless prior written notice of no less than thirty (30) days (or such other period specified by PKH) is given to PKH, you agree that PKH may automatically renew your membership or subscription account upon expiration.
3. Use of Account Information
3.1. In addition to and without limiting the terms of our Privacy Policy, you hereby consent to PKH’s use and disclosure of all such information and information relating to your Account of the Site or Services for the following purposes:
- Verifying your identity;
- taking payments;
- communicating with you;
- responding to your requests and queries;
- enforcing these Member T&Cs and the Website T&Cs and our legal rights and remedies;
- sending you information, promotions, updates, and marketing and advertising materials in relation to our Products and Services and those of our Partners;
- complying with law, the requests of law enforcement and regulatory officials, or orders of court;
- delivering to you the Products and Services that you have purchased;
- providing after-sales support to you; and
- conducting research, analysis and analytics.
4. Suspension and Termination of Account
4.1. You agree that PKH has the right in its sole and absolute discretion and without notice to:
- Restrict, suspend, or terminate your access to all or any part of the Services; and/or
- terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason. Without prejudice to the generality of the above, PKH reserves the right to deactivate your Account if it has been inactive for a period of one (1) year or more, or if you are in breach of any of our Website T&Cs or these Member T&Cs or if PKH believes that you have been using the Account for unlawful and/or undesirable activities.
4.2. You agree not to hold PKH liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
5. Prohibited Uses
5.1. You may use the Site only for lawful purposes and in accordance with our Website T&Cs or these Member T&Cs. In addition to other prohibitions as set forth in our Website T&Cs or these Member T&Cs, you are prohibited from using this Site or its content:
- In any way that infringes or violates any regulations, rules or laws;
- to solicit others to perform or participate in any unlawful acts;
- to exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate against others;
- for any obscene or immoral purpose;
- to submit false or misleading information;
- to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
5.2. Additionally, you agree not to:
- Use the Site in any manner that could affect the functionality or the operation of the Service.
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- use any manual or automated process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- introduce any viruses, Trojan horses, worms, logic bombs or malicious or technologically harmful material;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
5.3. Without prejudice to PKH’s rights of restriction, suspension and termination under Clause 4 above, PKH reserves the right to terminate your Account and/or your access to all or any part of the Site or Services if you are in breach of any of these Member T&Cs or the Website T&Cs or if PKH believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.
5.4. You agree to indemnify and hold PKH, and its subsidiaries, affiliates, officers and directors, 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, expenses, due to or arising out of:
- Any use of the Site, any Products or any Services;
- your connection to the Site;
- your breach of any terms and conditions of these Website T&Cs;
- your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
6. Fees
6.1. PKH may offer the use of any Product or Service, subject to payment of a fee or other charges to PKH. If you wish to use such Product or Service, you shall make full and prompt payment to PKH of the applicable fees in accordance with the payment terms specified by PKH at the point of transaction. Unless otherwise stated, all fees are quoted in Singapore dollars.
6.2. In the event that any fee for any Product or Service is stated erroneously on the Site or otherwise, as determined in the sole discretion of PKH, PKH will not be:
- obliged to provide the Product or Service to you at the erroneous fee; and
- shall be entitled to rectify such error by giving you written notice of the error and of the correct fee.
6.3. In the event that you do not agree to make payment of the correct fee after being notified, you may refund or terminate the Product or Service and PKH shall refund any fees paid by you to PKH on a pro-rated basis for the remaining and unexpired portion of the term for such Product or Service, as your sole remedy.
6.4. In the event that PKH terminates or withdraws the operation of any Product or Service, PKH may (but is not obliged to) refund any fees paid by you to PKH, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant Product or Service.
6.5. If your Account is terminated at any time by PKH for breach of the Agreement, or if you cancel any payable Product or Service, you shall not be entitled to any refund of any fees that have been paid to PKH and shall be liable to pay PKH the unpaid balance of the full amount of the agreed fees for the Product or Service.
7. Legal & Regulation Compliance
7.1. You acknowledge that PKH may be required under applicable law or upon the receipt of legitimate instructions from government authorities, to carry out acts in breach of the terms of this Agreement, and you hereby agree not to hold PKH liable or responsible for any such breach of the Agreement.
(Last updated on 21st January 2019)
How to Contact Us
This Site is operated and maintained by PKH. All feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service and the Products displayed on or sold through the Site should be directed to:
- Email : althea@pkh.com.sg
- Address : 7 Jalan Kilang, #02-01, Singapore 159407