THE DAILY ESCAPE WEBSITE AND PROGRAMS TERMS & CONDITIONS
If you do not accept these Website Conditions, please leave the Website immediately.
1.1 You hereby represent and warrant that you have read these Website Conditions.
1.2 You have the necessary legal capacity, right, power and authority to agree to these Website Conditions.
1.3 TDE reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Website at any time. TDE may also impose limits on certain features or restrict your access to parts or the entire Services or Website without notice or liability.
1.4 TDE may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Website. Any use of the Services 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 terminate your Subscription and/or cease using the Services.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:
"Application" means an application for subscription to TDE Services.
"Agreement" means the agreement formed by these Website Conditions and in the case of a Subscriber, by these Website Conditions, and the Subscription conditions.
"Content" means materials, information, news, advertisements, listings, data, text, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, comments, suggestions, ideas and other content.
"Linked Sites" is defined in Clause 8.1.
“Member” means a person with a Subscription
“Membership” means the package of TDE Services made available to a Member, whether pursuant to an Application or otherwise, either free or upon payment of a fee.
"Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Website and the Services.
"Services" is defined in Clause 3.2.
"Subscriber" means a person with a Subscription.
"Subscription" means the package of Urban Remedy Services made available to a Subscriber, whether pursuant to an Application or otherwise.
"TDE" means TDE.
"TDE Content" means all Content that is made available on or via this Website.
"Website" means the TDE website www.thedailyescape.com containing the link to these Terms & Conditions.
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. Website and Services
3.1 The Website is owned and maintained by TDE.
3.2 TDE may offer one or more of the following TDE services on or through this Website (each a "Service" and collectively the "The Daily Escape Services"):
3.2.1 the whole or any part of the programmes known as TDE Programs, TDE Loyalty Programs, or by such other names as may be given by TDE from time to time; and
3.2.2 any other features, content or applications that TDE may offer on or through the Website from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to access and use certain Services, you will be required to register as a Subscriber and/or Member. Additionally, you shall be bound to comply with the Subscription and/or Membership conditions in addition to these Website Conditions.
4. Content Use Conditions
4.1 You may for your personal use or in connection with the purchase of products and/or services:
4.1.1 retrieve and display The Daily Escape Content on any compatible device owned by you;
4.1.2 print reasonable copies of The Daily Escape Content on paper; and
4.1.3 store such The Daily Escape Content 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).
4.2 You may not modify, adapt, translate, publish, display, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
4.2.1 any The Daily Escape Service;
4.2.2 the Website;
4.2.3 any The Daily Escape Content except, to the extent permitted, with the prior written consent of TDE or unless expressly permitted in these Website Conditions.
4.3 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any The Daily Escape Content available on the Website or through a Service except under the specific circumstances expressly permitted by law or TDE in writing.
5. Intellectual Property
5.1 All IP conceived, developed, comprising, embodied in, or practiced in connection with the Website and the TDE Services, including all text, graphics, logos, icons, trademarks, service marks, domain names, video and sound recordings, data compilations, computer programs and computer code, are owned by TDE or its licensors and shall not be reproduced, modified, adapted, distributed, published, displayed, uploaded, broadcast, posted, transmitted or hyperlinked in any manner and in any form without the prior written approval of TDE or its licensors. You acknowledge and agree that you have no right, title or interest in or to the Website or the The Daily Escape Services and will not challenge the ownership or right of TDE or its licensors thereto.
5.2 "IP" means any ideas, data, inventions, discoveries, developments, enhancements, works of authorship, computer programs, databases and technical, business and other information, and any property rights protected under the patent, copyright, mask work rights, trade secret, trademark or other intellectual property or moral rights laws of any state or national government, including all rights under any registrations issued now or in the future by any governmental authority with respect to the same, and all rights under any pending applications for registration filed now or in the future, in any part of the world.
5.3 The domain name on which the Website is hosted on is the sole property of TDE and you may not use or otherwise adopt a similar name for your own use.
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 Website by TDE from time to time (which are hereby incorporated by reference into these Website Conditions);
6.1.2 not to use any The Daily Escape Content or The Daily Escape Services for any unlawful purpose, and to 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 Website, The Daily Escape 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.
7. Disclaimers & Limitations
7.1 THE WEBSITE AND THE DAILY ESCAPE SERVICES (INCLUDING WITHOUT LIMITATION ALL DATA, INFORMATION, CONTENT OR OTHER MATTER THEREBY MADE AVAILABLE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, TDEPL DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE AND TDE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED CONDITIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
7.2 TDE does not warrant that the Website and The Daily Escape Services will meet your requirements or that the Website and The Daily Escape Services will be accurate, complete, reliable, timely, secure or error-free or perform in an uninterrupted manner or be free from viruses, Trojan horses, worms, software bombs or any other malware or be free from defects of any kind, or that the use of the Website or the The Daily Escape Services will not harm any data or computing system. TDE shall not be liable in any way whatsoever for any losses, damage, fees, costs or expenses arising out of or in connection with the use of or reliance on the Website or The Daily Escape Services (including without limitation all data, information, content or other matter thereby made available) or any downtime or service outage affecting them.
7.3 The data and information made available on the Website and in the TDE Programmes do not purport, and shall not in any way be deemed, to constitute an offer or provision of any medical, health, professional or expert advice. You should at all times consult a qualified medical expert or health professional to obtain advice and independent verification of the information and data contained herein before acting on it.
7.3.1 . TDE excludes all liability for death, injury or damage caused by an individual carrying out exercises contained on the TDE website and within the TDE programmes.
7.4 You agree that:
7.4.1 TDE 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 Website or The Daily Escape Services without assigning any reason; and
7.4.2 access to or the operation of the Website, Servers and/or the The Daily Escape 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, TDE shall not be liable for any loss, liability or damage which may be incurred as a result.
7.5 Under no circumstances, including, but not limited to, negligence, shall TDE be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the The Daily Escape Content, The Daily Escape Services, Website, or any other website.
8. Linked Sites
8.1 The Daily Escape may provide links to other websites ("Linked Sites") that may be of relevance and interest to users. v 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 TDE 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 Website or The Daily Escape Services, without assigning any reason.
11. Jurisdictional Issues
11.1 This Website is owned and operated by TDE in Singapore. TDE makes no representation that the Contents of the Website are appropriate or available for use in your location. Those who choose to access this Website 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.
12.1 You agree to indemnify and hold TDE, 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:
12.1.1 any use of the Website or any Service;
12.1.2 your connection to the Website;
12.1.3 your breach of any terms and conditions of these Website Conditions;
12.1.4 your violation of any rights of another person or entity; or
12.1.5 your breach of any statutory requirement, duty or law.
13.1 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.
14. Relationship of Parties
14.1 Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between TDE and you and neither party shall have any authority to bind the other in any way.
15.1 No waiver of any rights or remedies by TDE shall be effective unless made in writing and signed by an authorised representative of TDE.
15.2 A failure by TDE 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.
16. Rights of Third Parties
16.1 Except as provided for in Clause 12, 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 No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
17.2 For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement.
18. Governing Law & Jurisdiction
18.1 These Website Conditions and all matters relating to your access to, or use of, the Website and the Urban Remedy Services shall be governed by and construed in accordance with the laws of Singapore.
18.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.