ALLSPICE WEBSITE TERMS AND CONDITIONS
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 Website Conditions;
1.1.3 you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing this Site, using the Services or ordering Products and such entity agrees to be bound by these Website Conditions; and
1.1.4 All of the information provided by you to Allspice (including without limitation personal particulars and contact information) is accurate and complete.
1.2 Allspice reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site, Services or Products at any time. Allspice may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3 Allspice may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Site after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Site.
2.1. In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account opened under this Site.
“Allspice” is defined in the opening paragraph of these Terms & Conditions.
“Allspice Content” means all Content of Allspice that is made available on or via this Site including where applicable, e-learning Products.
“Allspice Portal” means the Allspice electronic learning portal accessible here .
“Computer” means your computer, laptop, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
“Content” means materials, information, recipes, advertisements, text, audio, video, pictures, graphics, blogs, webcasts, podcasts, broadcasts, messages, comments, suggestions, ideas and other content.
“e-Learning Conditions” means the Allspice e-Learning Portal Terms and Conditions governing the use of the Allspice Portal.
“Improper Works” is defined in Clause 7.2.
“Linked Sites” is defined in Clause 9.1.
“Products” means courses and other products available for purchase at the Site.
“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 Allspice website containing the link to these Terms & Conditions, including the Allspice Portal.
“Third Party Products” means products and services of third parties advertised on or available at the Site or websites linked from the Site.
“User Content” means all Content on this 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 Services
3.1 The Site is owned and maintained by Allspice.
3.2 Allspice may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
3.2.1 online ordering of Products;
3.2.2 access to Content;
3.2.3 a platform to create, upload and publicly make available customer reviews and other content;
3.2.4 any other features, content or applications that Allspice may offer at the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to order e-learning Products and to access and use certain Services, you will be required to register and additionally shall be bound to strictly comply with the e-Learning Conditions and other conditions accessible therein, in addition to these Website Conditions.
3.4 From time to time, Allspice will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
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:
4.1.1 any Service;
4.1.2 the Site;
4.1.3 any Allspice Content except with the prior written consent of Allspice or unless expressly permitted in these Website Conditions; or
4.1.4 any other Content except with the prior written consent of Allspice and the owner of the specific Content, unless you are the sole owner 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 Services, Allspice Content, or 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 Allspice.
4.3 You may for your personal, non-commercial use:
4.3.1 retrieve and display Allspice Content on any compatible device owned by you;
4.3.2 print a single copy of individual articles on paper (but not photocopy them); and
4.3.3 store such articles 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).
4.3.4 any other Content except with the prior written consent of Allspice and the owner of the specific Content, unless you are the sole owner of the specific User Content.
4.4 All Allspice Content are the copyrighted work of Allspice or its content or software providers, and Allspice reserves and retains all rights in the Allspice Content. Use of some Allspice 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 Allspice Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or Allspice in writing.
5: Intellectual Property
5.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all Allspice Content, including the copyright in the compilation of all User Content, shall vest in and remain with Allspice.
5.2 You shall not be entitled to reproduce, distribute, adapt, deal with, or print, in whole or in part, any Content found in the Site, without the prior written consent of Allspice.
5.3 The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of Allspice or other third parties, and all rights to the Marks are expressly reserved by Allspice or relevant third parties. You are not permitted to use any Marks without the prior written consent of Allspice or such third party. Allspice and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Allspice 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 Allspice.
5.4 The domain name on which the Site is hosted on is the sole property of Allspice and you may not use or otherwise adopt a similar name for your own use.
5.5 If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please email us at firstname.lastname@example.org.
6: Online Conduct
6.1 You hereby undertake:
6.1.1 to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by Allspice from time to time (which are hereby incorporated by reference into these Website Conditions);
6.1.2 not to use any Service, Product or Allspice Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;
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 person at any time, whether with or without his/her permission.
6.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, Allspice Content, or 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 Allspice.
7: User Content
7.1 You shall exercise respect when participating in the any community feature on the Site which permits the submission of User Content.
7.2 You may not submit, upload or publish on the Site any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, obscene, indecent, lewd, abusive, illegal, political, racist, religious, blasphemous, false, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law or the proprietary or other rights of any third party, or which solicits funds, advertises any product or service, or includes programs that contain viruses, Trojan horses, worms, time bombs, malicious code or any other programs designed to impair the operation and functionality of the Site, or any computer (all such User Content being known individually and collectively as “Improper Works”).
7.3 If, at any time you upload or post User Content, you represent and warrant that:
7.3.1 all such User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
7.3.2 none of the User Content is proprietary or confidential;
7.3.3 none of the User Content constitutes Improper Works, nor will it expose Allspice to any civil or criminal proceedings in any part of the world; and
7.3.4 the use by Allspice and other users for the purposes and in the manner set out in this Clause 7.3, and the hosting of such User Content on the Site by Allspice will not require any further licences from, or infringe any intellectual property or other rights of, any third party.
7.4 Allspice at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, Allspice may (but is not obliged to) monitor the Site for Improper Works and reserves the right to remove any User Content which Allspice believes are Improper Works, or which is the subject matter of any dispute, and restrict or suspend the your access to the Site.
7.5 Allspice may in its sole and absolute discretion lift the restriction or suspension of your access to the Site, if Allspice is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute
7.6 You agree to indemnify and hold Allspice, and its subsidiaries, affiliates, officers, agents, co-branders or other 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 User Content which you submit, post to or transmit through the Site.
8: Disclaimers & Limitations
8.1 While we make every effort to ensure that all Allspice Content displayed on the Site is accurate and complete, we provide the Allspice 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, Allspice 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, Allspice does not warrant that the functions contained in or access to the Site, Services, Allspice Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Allspice Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Allspice Content in or with any Computer will not affect the functionality or performance of the Computer. Allspice does not warrant or make any representations regarding the use or the results of the use of the Allspice Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Allspice) 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 Allspice liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of Allspice.
8.2 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. Allspice does not sponsor, endorse or promote any financial products, services or information.
8.3 You acknowledge that it is not Allspice’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Allspice does not endorse and shall not be responsible for any such content.
8.4 You acknowledge and agree that Allspice does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Allspice 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.
8.5 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 this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Allspice shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
8.6 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 Website Conditions, contain viruses or cause you damage. While we will remove any such User Content brought to our notice, 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.
8.7 You agree that:
8.7.1 Allspice 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, Services or Products without assigning any reason; and
8.7.2 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, Allspice shall not be liable for any loss, liability or damage which may be incurred as a result.
8.8 In no event shall Allspice 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 Allspice Content, User Content, Services, Products, Third Party Products, any Computers, the Site, or any other website. In the event that Allspice is liable for damages despite the foregoing provision, you agree that Allspice’s aggregate liability to you for any and all causes of action in relation to the Allspice Content, Services, Site, and the Agreement, shall not exceed the sum of [S$_______].
8.9 Under no circumstances, including, but not limited to, negligence, shall Allspice be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Allspice Content, Services, Products, Third Party Products, Site, or any other website, even if Allspice or a Allspice authorised representative has been advised of, or should have foreseen, the possibility of such damages.
8.10 You agree that the above exclusions and limitations of liability enable the Services and the Allspice Content to be provided by Allspice at either reasonable costs or no costs to you.
9: Linked Sites
9.1 Allspice may provide links to other sites (“Linked Sites“) that may be of relevance and interest to users. Allspice 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.
10: Data Use & Privacy
11.1 You agree that Allspice 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 Services, without assigning any reason.
12: Notification of Infringement
12.1 Allspice reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Allspice 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 Allspice in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
12.2 All Infringement Notices shall be sent to Allspice addressed as follows:
BLK 162, #07-3545 Bukit Merah central, Singapore 150162
12.3 Allspice will in response to all Infringement Notices 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 Allspice in respect of any Infringing Material, unless you have first given Allspice the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Allspice refuses or fails to remove the Infringing Material within a reasonable time. Where Allspice removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Allspice under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Allspice.
12.4 You acknowledge and agree that Allspice has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third-party sites.
13: Jurisdictional Issues
13.1 This Site is owned and operated by Allspice in Singapore. Allspice 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.
14.1 You agree to indemnify and hold Allspice, 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:
14.1.1 any use of the Site or any Service;
14.1.2 your connection to the Site;
14.1.3 your breach of any terms and conditions of these Website Conditions;
14.1.4 your violation of any rights of another person or entity; or
14.1.5 your breach of any statutory requirement, duty or law.
15.1 If any provision of these Website Conditions 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 Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
16: Relationship of Parties
16.1 Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Allspice 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 Allspice shall be effective unless made in writing and signed by an authorised representative of Allspice.
17.2 A failure by Allspice to exercise or enforce any rights conferred upon it by these Website Conditions 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 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 2001 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 Website Conditions 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, 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.