Terms of Use

Introduction

Please read these website terms of use carefully as they apply to the Memories Group Limited Company Limited (“Company”) website and all associated sites linked to www.memoriesgroup.com by the Company, its parents, subsidiaries and/or affiliates (collectively, the "Website"). These terms and conditions govern your access to and use of the Website and all content (“Content”), applications, software, and services (collectively, "Services") available on the Website. By accessing or using the Website, you and the entity you are authorized to represent ("you" or "your") signify your agreement to be bound by these terms and conditions, our PDPA Statement and other terms and conditions and policies which you may find throughout this Website in connection with certain functionality or features, all of which are deemed a part of and included within these terms and conditions (collectively, the “Terms of Use”).

As long as you comply with the Terms of Use, the Company grants you a personal, non-exclusive, non-transferable to enter, access and use the Website.

1. General Disclaimer

While the Company and/or its related entities endeavour to ensure the accuracy and reliability of the information provided, the materials contained on this Website may contain inaccuracies.

Memories Group Limited ("Memories Group") and the Company to the fullest extent permitted by laws, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose; and make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the Website and any Linked Sites. You acknowledge that any reliance on any such content, information or services shall be at your sole risk. Under no circumstances shall Memories Group, the Company and/or their related entities be liable for any loss or damages resulting from the use of the information provided on this Website and any Linked Sites. Your sole remedy against the Company for dissatisfaction with the Website or any Content or Service is to stop using the Website or any such Content or Service.

2. User Eligibility

This Website is provided by the Company and available only to entities and persons (a) who are 18 years old or older, or 13 years old or older and have your parent or guardian’s consent to the Terms of Use and (b) have the power to enter into a binding contract with the Company and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to the Company is true, accurate and complete at all times.

3. Content

This Website may contain historical information. Historical information necessarily is not current and is provided for your reference only. The Company reserve the right, exercisable at its sole discretion, at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Website and to restrict or prohibit access to it. Your continued usage of the Website after any changes to the Terms of Use evidences your acknowledgement and acceptance to those changes. You have the sole responsibility to periodically check the Terms of Use for changes (if any).

You may access, copy, download and print the materials contained on this Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Save as provided in the foregoing, no material contained on this Website may be modified, copied, transmitted, distributed or reproduced without the Company and/or its related entities’ prior written consent. We reserved the right to take legal action against any party for any loss or damages resulting from modifying, copying, transmitting, distributing and/or reproducing any material contained on this Website.

Any and all intellectual property rights ("Intellectual Property") associated with the Website and the Content are owned, controlled or licensed by or to the Company, the Memories Group or to other third party content providers, and are protected by trade dress, copyright, patent and trademark laws, unfair competition laws and various other intellectual property rights in Singapore and other countries. You shall not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property in any way without the Company’s express prior written consent. Further, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Company. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by the Company.

The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Website, including material you provide to us, and so the Company has an absolute right to remove any material from this Website at our sole discretion at any time. The Company reserves the right, exercisable at our sole discretion, to limit or terminate your access to or use of this Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

4. Usage Restrictions

By accessing or using this Website, you agree to the following:

(a) You will comply with these Terms of Use, and the special warnings for instructions for access or use which may be posted on this Website from time to time.

(b) You shall always act in accordance with the all applicable laws, rulings and regulations, custom and in good faith and in a manner that does not negatively reflect on the goodwill or reputation of the Company. You agree not to take any actions which would cause the Company to be in violation of any laws, rulings or regulations applicable to the Company

(c) You will not use this Website in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of the Company’s computer systems, including, but not limited to, the servers, networks, and other components connected to or used for the Website.

(d) You will not interfere with any other party's use and enjoyment of this Website, or of any of the content, information, or services provided on this Website.

(e) To the extent that you are able to upload, post or otherwise transmit content using this Website, you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any applicable laws or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

(f) You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

(g) You will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this Website, through password mining, hacking, or any other means.

(h) You will not seek to gain access to any materials or information through any means not intentionally made available by the Company.

(i) You will not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities, or users.

(j) You will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the content, information, or services on this website without the Company’s prior written consent.

5. Links

The Website may contain links to other websites, including those operated by the Memories Group, and other third-party websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to you and the Company makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Further, the Company is not responsible for the availability of the Linked Sites or the content or activities of such sites. Your linking to or from any Linked Sites or other websites is at your own risk. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, your access or use of Linked Sites is subject to any applicable policies and terms and conditions of access and use of the Linked Sites.

6. User Generated Content

You are responsible for any material, suggestions and ideas, inquiries, feedback, ideas or other information you transmit, upload, post, submit, email or provide us via this Website, including the legality, accuracy, reliability, appropriateness, originality and copyright of such material. You may not upload, distribute or otherwise publish through this Website any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You shall not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

Subject to our PDPA Statement, all suggestions and ideas, inquiries, feedbacks, or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. You hereby grant us full ownership of the Submission and the Memories Group, including the Company, shall be granted an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Submission in any manner it chooses. Accordingly, we shall have the right to copy, use, reproduce, remove, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. Subject to the terms of our PDPA Statement and these Terms of Use, you also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein.

7. Termination

The Company, in its sole discretion, may terminate or suspend your access to and use of the Website, the Services and the Content at any time and for any reason in its sole discretion, even if access and use continues to be allowed to other users. You agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to and use of the Website, the Services and the Content.

8. Limitation of Liability

Your sole remedy against the Company for dissatisfaction with the Website or any Content or any Service is to stop using the Website or any such Content or Service. To the extent permitted by applicable laws and to the extent that the Company is otherwise found responsible for any damages, in no event shall the Company or any third parties mentioned at the Website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website, the Services or the Content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. To the extent permitted by laws, the remedies stated for you in the Terms of Use are exclusive.

 9. Indemnification

You agree to indemnify, defend, and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from or arising out of or in connection with your access to and use of the Website or from your breach of these Terms of Use.

10. Governing Law and Dispute Resolution

All matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of Singapore and shall be instituted in Singapore and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the Website, the Services and/or the Content must be filed within one year after such claim or cause of action arose.

Further, in the event of any controversy or dispute between the Company and you arising out of or in connection with your access to and use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (i.e. not execeeding thirty days), then either party may submit such controversy or dispute to arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre. If the dispute cannot be resolved through arbitration, then the parties shall be free to pursue any right or remedy available to them under applicable laws.

11. General

You may not assign the Terms of Use or any of your interests, rights or obligations under the Terms of Use.

If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any of the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Except as expressly provided in a separate license, service or other written agreement between you and the Company, the Terms of Use constitute the entire agreement between you and the Company with respect to the use and/or access of the Website, the Services, and/or the Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

12. Feedback and Contact Information

Questions or comments regarding the Website may be submitted to the Company’s customer service. Any feedback you provide at this Website shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Please refer to Section 6 on “User Generated Content” for more terms and conditions relating to such use.

If you have any questions about the Terms of Use, or about the content, information, or services on this Website, you may contact the Company using any of the methods described on the Contact Us Page.