AsiaOne’s Terms and Conditions

General Information

This website is owned and operated by AsiaOne Online Pte Ltd (“AsiaOne”).

These Terms & Conditions and our Personal Data Protection Policy (collectively, the “Agreement”) govern your use and/or access of the Site.

By using or accessing the Site, you acknowledge that you have read and understood the Agreement and you are deemed to have accepted and agreed to be bound by this Agreement.

If you disagree with any part of the Agreement, please stop your use and/or access of the Site and leave the Site.

Definitions

  1. Definitions. In this Agreement (and shall include this Agreement as amended and/or supplemented from time to time), the following words or expressions shall have the following meanings unless the context otherwise requires or this Agreement expressly provides otherwise:

    “Agreement” means this Terms & Conditions and AsiaOne’s Personal Data Protection Policy collectively;

    “App” means any goods and/or services offered and made available by application(s) made and/or offered by AsiaOne that you may download and install, or that may come pre-installed, on supported operating systems and/or devices;

    “AsiaOne Content” means all Content of AsiaOne that is made available on or via the Site;

    “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 6.4 herein;

    “Personal Data” means data, whether true or not, about an individual who can be identified:

    1. from that data; or
    2. from that data and other information to which a party has or is likely to have access;

    “Personal Data Protection Policy” is AsiaOne’s personal data protection policy published on the Site, as amended and/or supplemented from time to time;

    “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services;

    “Service” and “Services” are defined in Clause 2.2 herein;

    “Site” means this website and/or platform and/or App(s) owned and operated by AsiaOne and includes the material and information contained in this website and/or platform, including any Content and RSS feeds, APIs, software code and scripts, and any other downloadable materials displayed or incorporated therein, as well as the Services offered thereon, as may be applicable;

    “Third Party Products” means products and services of third parties advertised on or available at the Site or websites linked from the Site;

    “Third Party Content” means all Content which is created and/or provided by User(s), AsiaOne’s syndicated partner(s) or other third party/parties to AsiaOne  via this Site or otherwise and/or published on the Site by AsiaOne with permission;

    “User” means a visitor to the Site;

    “User Submitted Content” means information, material, photographs, text, graphics, video and/or audio content provided by a User to AsiaOne or to the Site and/or Services via the Site, Services and/or Apps;

    “Work” means the definition of “work” in Section 8 of the Copyright Act 2021, as amended and/or supplemented from time to time.

  2. Use of “include”, “includes” and “including”. The words “include”, “includes” and “including” shall not have any limiting effect.
  3. Headings. The headings in this Agreement shall not have any legal effect.

The Site and Services

  1. The Site. AsiaOne owns the Site and has the sole exclusive right to maintain and manage the Site.

  2. The Services. AsiaOne may, at its sole and absolute discretion, provide any of the following services on or via the Site (each a “Service” and collectively the “Services”): ***

  3. Undertaking to comply with the Agreement. By using and/or accessing the Site and/or the Services, you undertake to comply with this Agreement and such other notices or guidelines that may be posted on the Site by AsiaOne from time to time.
  4. Changes and modifications. AsiaOne may change, modify, limit, suspend or cease the Site or Services (whether in whole or in part) at any time without notice.

Your Representations and Warranties

Your representations and warranties. You represent and warrant that: 

  1. you have read, agreed and consented to this Agreement;
  2. you are at least 18 years old and have the legal capacity to enter into this Agreement and you are:
    1. does not infringe any third party’s copyright, patents, trade marks, registered designs and other intellectual property and proprietary rights; and

    2. are not false, fraudulent, inaccurate or misleading, defamatory, offensive, or violate any law;

    3. does not contain any form of malware, viruses, worms or other types of malicious coding routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

  3. any information provided to AsiaOne by you is accurate and complete and that you consent to the terms of, and to the collection, use and disclosure of your Personal Data in accordance with, the Personal Data Protection Policy. If you provide the Personal Data of any third parties in connection with your use of the Site and/or Service(s), you further warrant and represent that these third parties have also consented to the terms of, and to the collection, use and disclosure of their Personal Data in accordance with, the Personal Data Protection Policy.

Online Conduct and Use of the Site and/or Services

  1. No copying, duplicating etc. You shall not, for any purposes, copy, duplicate, disseminate, publish, deal in or use any technological means (including framing, mirroring, linking, spidering and scraping) to duplicate or provide access to the whole or any part of the Site, any Service, any AsiaOne Content and/or any Third Party Content except with the prior written consent of AsiaOne.

  2. No access or use of source code. You shall not obtain access to or use the source code of the Site, any AsiaOne Content and/or any Third Party Content except with the prior written consent of AsiaOne.

  3. No hacking. You shall not hack into, disrupt or otherwise prevent or impair the proper functioning of the Site, Services and Servers. This is an offence under the Computer Misuse Act 1993 even if you are outside Singapore.

  4. No scripting. You shall not use any scripting process, software, bots or service to access the Site and/or Services and/or AsiaOne Content.

Intellectual Property

  1. AsiaOne’s intellectual property. AsiaOne owns the copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site and all AsiaOne Content, including the copyright in the compilation of all content on the Site (collectively, the “AsiaOne IP”). You shall not use any of the AsiaOne IP except with the prior written consent of AsiaOne.

  2. AsiaOne’s domain name. AsiaOne owns the domain name on which the Site is hosted on. You shall not use the said domain name or a similar name for any purpose.

  3. Third Party Content and User Submitted Content provided to AsiaOne. By providing any Third Party Content or User Submitted Content to AsiaOne via the Site or otherwise: 

    1. you unconditionally grant a non-exclusive, worldwide, perpetual, irrevocable and royalty-free licence to AsiaOne to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of  the Third Party Content or User Submitted Content;
    2. you warrant and represent that all Third Party Content or User Submitted Content provided by you to AsiaOne:
      1. does not infringe any third party’s copyright, patents, trade marks, registered designs and other intellectual property and proprietary rights; and
      2. are not false, fraudulent, inaccurate or misleading, defamatory, offensive, or violate any law;
      3. does not contain any form of malware, viruses, worms or other types of malicious coding routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Disclaimers & Limitations

  1. Disclaimer on liability. To the fullest extent permitted by law, AsiaOne shall not be responsible for any loss, damage, expense or liability under any cause of action arising from this Agreement and/or the use and/or access of (or the inability to use and/or access) the AsiaOne Content, Third Party Content, Service(s), Third Party Products and/or the Site.

  2. Disclaimer on suitability of information and data. AsiaOne makes no representation as to the suitability of the information and data on the Site, Service(s), AsiaOne Content, Third Party Content and Third Party Products and they should be used and relied upon with care and discretion at your own risk. To the fullest extent permitted by law, AsiaOne shall not be responsible for any loss, damage, expense or liability incurred by you arising from such use or reliance.

  3. Disclaimer on Third Party Content and/or Third Party Products. AsiaOne does not endorse, promote, recommend or have control over any Third Party Content and/or Third Party Products made available and/or advertised on the Site. To the fullest extent permitted by law, AsiaOne shall not be liable for any loss, damage, expense or liability arising from your reliance on such Third Party Content and/or the purchase of such Third Party Products.

  4. Disclaimer on Linked Sites. AsiaOne may provide links to other websites (“Linked Sites”) on the Site and/or through AsiaOne Content. AsiaOne has no control over the content in Linked Sites and makes no representation for such content. AsiaOne does not endorse the content of the Linked Sites. To the fullest extent permitted by law, AsiaOne shall not be liable for any loss, damage, expense or liability incurred from your use and/or access of the Linked Sites.

  5. Disclaimer on loss of Third Party Content or User Submitted Content. To the fullest extent permitted by law, AsiaOne shall not be responsible for the loss of any Third Party Content or User Submitted Content provided by you to AsiaOne.

Personal Data Use & Privacy

  1. Personal Data Protection Policy. By submitting any personal data to AsiaOne, you acknowledge that you have read and understood AsiaOne’s Personal Data Protection Policy and you are deemed to have consented to AsiaOne’s Personal Data Protection Policy.

  2. No representation on policy of Linked Site(s). AsiaOne does not make any representations in respect of any personal data protection policy and/or privacy policy of any Linked Sites and AsiaOne shall not be held liable for any such policy.

  3. Use of cookies. The Site uses cookies to collect information about your use of the Site and AsiaOne uses the cookies to improve your experience when using the Site. If you choose to block the cookies for the Site, you may be excluded from some functions and features provided by the Site. For more information about the cookies used by AsiaOne for the Site, please see AsiaOne’s Cookie Policy / Personal Data Protection Policy.

  4. Infringement Notice. If you suspect that there is any copyright, trademark and other intellectual property infringement (“Infringement”) of your Work by any AsiaOne Content (“Infringing Material”), please notify AsiaOne immediately by sending a written notice in the form prescribed under any applicable law (where applicable) (“Infringement Notice”) to AsiaOne by email to editor@asiaone.com.

  5. No legal action against AsiaOne while investigating. You agree not to commence any legal action against AsiaOne in respect of any Infringing Material unless:

    1. you have given AsiaOne the Infringement Notice as per Clause 7.4; and
    2. you have given AsiaOne at least fourteen (14) days to investigate and respond to the Infringement Notice but AsiaOne has refused or failed to do so.
  6. Waiver in respect of Infringing Material. If AsiaOne removes any Infringing Material from the Site in response to your Infringement Notice, you agree to irrevocably waive any right of action against AsiaOne in respect of that Infringing Material.

Content

  1. Notices and directions from authorities. AsiaOne shall investigate all notices and/or directions under the Protection from Online Falsehoods and Manipulation Act 2019 (“POFMA”) and/or any other written law in Singapore issued by the relevant authorities to AsiaOne in respect of AsiaOne Content and other material(s) on the Site and take any action as it considers appropriate to comply with the requirements of POFMA and/or any other written law.

  2. Suspected vulnerabilities. Please notify AsiaOne immediately at developer@asiaone.com if you detect any suspected vulnerabilities in the Site, Services and/or Servers which may potentially affect the provision of AsiaOne's Services. You shall not: 

    1. publish or disclose to any third party any such suspected vulnerabilities;
    2. use destructive, disruptive or any other unlawful methods to detect any such suspected vulnerabilities; and
    3. conduct testing of, exploit or otherwise make use of any such suspected vulnerabilities on your own accord.

Jurisdictional issues

AsiaOne makes no representation that the Contents of the Site are compliant for use with the laws governing any location outside Singapore. If you access the Site from any location outside Singapore, you shall be solely responsible for your compliance with the laws governing such location.

Indemnity

To the fullest extent permitted by law, you shall indemnify and hold AsiaOne, its officers, directors, employees, partners, agents and representatives harmless from all claims, demands, actions, proceedings, liabilities, penalties, costs (including legal costs on a full indemnity basis), awards, losses and/or expenses arising from your use of the Site or any Service(s) and/or your breach of any terms of this Agreement.

Severability

Should any provision of this Agreement be found to be illegal, void or unenforceable under any law or court order, such provision shall be severed from this Agreement and the remaining provisions shall continue in force.

Waiver

  1. Form of waiver. Any waiver of rights or remedies under this Agreement by AsiaOne shall not be effective unless in writing and signed by an authorised representative of AsiaOne.

  2. No waiver by way of exercising or failing to exercise rights. Any right or remedy under this Agreement shall be in addition to and without prejudice to all other rights and remedies under this Agreement. The exercise of a particular right or remedy under this Agreement, or the failure or delay of the same, shall not prevent further exercise of any right or remedy under this Agreement.

Governing Law & Jurisdiction

This Agreement shall be governed by the laws of the Republic of Singapore and you agree to submit to the exclusive jurisdiction of the Singapore courts. Any dispute arising out of the use of the Site and/or Service(s) shall be referred to arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference into these terms and conditions. The seat of arbitration will be Singapore. The Tribunal will consist of 1 arbitrator. The language of the arbitration shall be English.