Version date: 1.0 dated 22 July 2022
The terms hereafter set forth (“Agreement“) set out the basis upon Barghest Building Performance Pte Ltd (“BBP Singapore”) and its subsidiaries, affiliates, and related corporations (hereinafter “BBP”, “us“, “we“, or “our” as the context requires) makes our website at https://tw.bbp.sg/, or our social media pages (each a “Site” and collectively, the “Sites”) available to you. A reference to the “Site” includes but is not limited to the material and information contained in the Site, including any products, production information, services, tools, calculators, widgets, applications, documents, data, text, images, links, animations, sounds, graphics, application programming interfaces, software, other downloadable materials, and video sequences displayed therein, as may be applicable (collectively, the “Content”).
In this Agreement, the individual, entity or person to whom this Agreement applies to shall hereinafter be referred to as “you” or “your” as the context requires.
Any Site users, by accessing and/or using this website, any web pages, or any of our social media pages, agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this website, any of our social media pages or any web pages thereof.
We may update and amend this Agreement at our sole discretion from time to time by posting amendments at the following URL: https://tw.bbp.sg/. By continuing to use any Site after any such amendment, you agree to be bound by this Agreement as so amended.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE ANY SITE (OR IMMEDIATELY DISCONTINUE YOUR ACCESS OF THE SAME).
1. YOUR USE OF THE SITES
1.1 To the maximum extent permitted by applicable law, you undertake:
(a) that you shall take sole responsibility for any activities or actions you take on any Site, whether or not you have authorised such activities or actions;
(b) Not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) Not to upload or distribute in any way files which you know or have reason to suspect contain viruses, corrupted files or any other similar software, programs, macros or files that may detrimentally interfere with the operation of any Site;
(d) Not to gather and use the information and/or particulars posted or transmitted through any Site for any unauthorised purposes;
(e) Not to use any Site for illegal purposes;
(f) Not to infringe the rights of any third party, including but not limited to any third party’s intellectual property rights or other proprietary rights or rights of publicity or privacy;
(g) decompile, reverse engineer or otherwise attempt to discover the source code of any Site or any components, applications, tools, widgets, or calculators thereof, unless expressly permitted by us in writing;
(h) comply with all applicable laws; and
1.2 You agree and acknowledge that:
(a) we may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, any Site and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing any Site or any part thereof;
(b) the Sites will use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of any Site may be made public on any Site, and also read or intercepted by others. Access and/or use of any Site is entirely at your own risk;
(c) we shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from any Site shall be without prejudice to our other rights and remedies available at law;
(d) although we may manage our social media pages, the third party social media applications or platforms that we use may have their own terms and conditions, including privacy policies, over which we have no control. You agree to be bound by such terms and conditions, in addition to the terms of this Agreement.
2. USER GENERATED CONTENT
2.1 For the purposes of this Agreement, “User Content” refers to all information and/or content created, transmitted, posted, submitted and/or uploaded by you on any Site and/or Tools, including materials, information, news, advertisements, listings, data, input, text, songs, audio, videos, photographs, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, and other content.
2.2 You are solely responsible for making backups of any User Content you submit and/or upload. We may move, remove or delete User Content at any time without notice to you.
2.3 All User Content are not monitored by us. We do not pre-screen nor do we exercise editorial control over any User Content, and are not responsible for the same.
2.4 We shall have the right to screen, delete and/or remove any User Content if we receive a complaint from another User or a notice of intellectual property infringement or other legal instruction for removal, or which in our sole and absolute opinion violates these Terms, or is otherwise illegal or objectionable, or any other reason as we may see fit.
3. INTELLECTUAL PROPERTY AND CONTENT USE CONDITIONS
3.1 All Content provided via any Site and/or User Content, and all intellectual property rights comprised therein respectively (including but not limited to goodwill and copyright) (“IPs”), shall vest in and remain with BBP, and save as expressly provided herein, you acquire no right, title or interest to the same. By posting, uploading, transmitted, providing or otherwise submitting User Content to BBP, you warrant and represent to BBP that you own all of the rights to the User Content and if not, that you have obtained all licences and/or permissions as are necessary to post, upload, input, provide or submit the User Content to BBP.
3.2 While we do not claim ownership of your User Content, by your creation, transmission, submitting and/or uploading of User Content through any Site, you hereby grant us a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, transferable and sub-licensable right to use and exercise any of the rights comprised in any intellectual property and other rights (including without limitation, rights in copyright, publicity and database rights) you have in your User Content in connection with hosting, using, distributing, modifying, running, copying, publicly performing, communicating, displaying, translating and creating adaptations and derivative works of your User Content.
3.3 No part of the IPs may be reproduced, adapted, republished, translated, published, displayed, communicated, hyperlinked, posted, transmitted, broadcasted, podcasted, webcasted, distributed, sold, traded or exploited in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner.
3.4 Without prejudice to the generality of the foregoing, you agree not to reproduce, display or otherwise provide access to the IPs on another website or server, for example through linking, spidering, scraping or any other technological means (including any technology available in the future) without our prior written permission.
3.5 All trade marks, logos and service marks (“Marks”) displayed on any Site are the property of BBP or other third parties, and all rights to the Marks are expressly reserved by BBP or relevant third parties. You shall not use any Marks without the prior written consent of BBP or such third party. The name of BBP or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without the prior written permission of BBP.
3.6 The Sites may provide information or make available certain products, services and/or tools (including, without limitation, any calculators, applications or widgets) (“Tools”) offered by BBP.
3.7 While every care is taken by BBP to provide the Tools, the Tools and any results or information provided to you from your use of the Tools are for informative purposes only, 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, BBP disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, or compliance with description. BBP does not warrant or make any representations, and disclaims all liability whatsoever regarding your use of the Tools or the results of your use of the Tools in terms of their fitness for purpose, correctness, accuracy, completeness, reliability, or otherwise. You agree that you (and not BBP) shall bear and assume all risk arising out of your use of any Site and/or Tools.
3.8 The data and information made available on any Site and/or through your use of the Tools, are of a general nature, and do not purport, and shall not in any way be deemed to constitute an offer or an agreement to provide you with the products and/or services as described on any Site.
4.3 You warrant and represent to us that all personal data which is submitted to us by you through your access and/or use of any Site is complete, accurate, true and correct.
4.4 The Sites may provide links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
5. THIRD PARTY CONTENT
5.2 You further acknowledge and agree that any use by you of any content submitted by any third party or which is made available through any Site (including Third Party Content) is entirely at your own risk. BBP does not verify and is not in a position to verify any party’s rights to submit any content on any Site, and BBP takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content posted by you or any third party, or for your use of the same.
6. THIRD PARTY SITES AND LINKS
6.1 We may provide links and references to third party sites, applications and/or platforms (collectively, the “Third Party Sites”). We have no control over such Third Party Sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources, including Third Party Content. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
6.2 You further acknowledge that your access and/or use of Third Party Sites is entirely at your own risk, and that Third Party Sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.
6.3 We do not warrant that the Third Party Sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by applicable law, BBP shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.
7. DISCLAIMER OF WARRANTIES AND LIABILITY
7.1 To the maximum extent permitted by applicable law, you irrevocably acknowledge and agree that:
(a) Any Site and/or Tools (including any material and/or information on BBP’s products and/or services provided via any Site and/or Tools) are provided on an “as is” basis with all faults and without warranty of any kind and subject to modifications, replacements and/or removal at any time. Without prejudice to the generality of the foregoing, we do not warrant that any Site and/or Tools nor any Content therein will meet your requirements or that the same will not cause you any loss of any kind; and
(b) WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR IN WRITING, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, ADEQUACY, COMPLETENESS, ACCESSIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH ANY SITE AND/OR TOOLS (INCLUDING ANY MATERIAL AND/OR INFORMATION PROVIDED VIA ANY SITE AND/OR TOOLS).
7.2 Any material and/or information provided via any Site and/or Tools is only meant to provide non-binding general information, and should not in any event be relied upon as incontrovertible and complete in relation to the making of any specific business or commercial decision. You acknowledge and agree that you should still seek professional advice at all times and obtain independent verification of the material and/or information contained herein before making any decision based on any such material and/or information.
You agree to fully indemnify, defend and hold harmless BBP, its group of companies, affiliates and subcontractors, and any subsidiaries or affiliates of our group of companies and their subcontractors and their agents, directors, owners, employees, officers, service or information providers, advertisers or partners, licensors, licensees, successors and assigns (collectively, the “Indemnitees“) from and against any claim, action, proceeding, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from: (a) your breach of this Agreement and any terms relating to your use of any Site and/or Tools; (b) your access, use and/or misuse of any Site and/or Tools; (c) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (d) your breach of any applicable law or any rights of any other person, including the use by any other person to access and/or use any Site and/or Tools through your Internet account. You shall cooperate as fully as reasonably required in the defence of any such claim, action or proceeding. BBP reserves the right, at its own expense, to assume the exclusive defence and control of any claim or matter subject to indemnification by you.
9. EXCLUSION OF LIABILITY
9.1 To the maximum extent permitted by applicable law:
(a) the Indemnitees shall not be liable for any claim, damage or loss of any kind or any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your access, use, inability to access or use, and/or reliance on any Site and/or Tools, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any Third Party Content or other content or any other information made available or accessed on or through any Site and/or Tools or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
(b) in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use any Site and/or Tools, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
9.2 In the event that BBP is liable for damages despite the foregoing provision, in no event shall the Indemnitees’ total liability to you for any and all damages not excluded (other than as may be required by applicable law in cases involving personal injury) exceed in aggregate S$100.
10.1 We shall have the right to terminate and/or suspend your access and/or use of any Site and/or Tools (or any part thereof) without prior notice to you at any time for whatsoever reason, and are not obliged to disclose the reason behind the termination and/or suspension.
10.2 Upon suspension or termination of your access and/or use of any Site and/or Tools, you remain liable for all liabilities and/or any other obligations which you may have incurred under this Agreement.
10.3 Clauses 1.2 to 1.3, 3, 7, 8 and 9, and those rights and obligations in this Agreement which are expressly or by implication intended to survive termination or expiry of this Agreement shall survive the termination or expiration of this Agreement (howsoever caused).
11.1 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
11.2 Force Majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, epidemic, international and/or national health crisis, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
11.4 Relationship: Nothing in this Agreement shall create any form of partnership, joint venture, fiduciary, employment, agency, relationship between the Parties
11.5 No Waiver: No failure by us to exercise and no delay by us in exercising any right, power or remedy under this Agreement will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless signed in writing by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
11.6 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
11.7 Third Party Rights: No person shall have any right pursuant to the Contracts (Rights of Third Parties) Act 2001 to enforce any term of this Agreement.
11.8 Interpretation: In this Agreement:
(a) the headings are inserted for convenience only and shall not affect the construction of this Agreement;
(b) the term “person” shall include any individual, company, or association or body of persons, regardless whether corporate or incorporate; and
(c) unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter).
12. NOTIFICATION OF INFRINGEMENT
12.1 We reserve the right to investigate notices of copyright, trade mark and other intellectual property infringement (“Infringement“) in respect of all content and information on any 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 any Site, please notify us in writing immediately in the form and containing the information prescribed by the Copyright Act 2021 (“Infringement Notice“).
12.2 All Infringement Notices shall be sent to us addressed as follows:
Legal Counsel, Barghest Building Performance Pte. Ltd.
12.3 We will only process notices in the English language that comply with the Singapore Copyright Act, other applicable laws and the terms of this Agreement. Any notices that do not comply with the above will be rejected.
12.4 We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter we refuse or fail to remove the Infringing Material within a reasonable time. Where we remove the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on any Site prior to such removal by us.
13. GOVERNING LAW & DISPUTE RESOLUTION
Your access and/or use of any Site and/or Tools as well as this Agreement shall be governed by Singapore law. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
14. CONTACT US
If you have any queries, you may contact us by email at [email protected].