WEBSITE TERMS AND CONDITIONS
TABLE OF CONTENTS
1. By using our website you accept these terms and conditions..................................1
2. There are other terms that may apply to you..........................................................1
3. We may make changes to these Terms and Conditions...........................................1
4. We may modify, suspend or withdraw our site.......................................................2
5. Proprietary rights....................................................................................................2
6. Access to our Website.............................................................................................2
7. Restrictions on use of materials..............................................................................3
8. Disclaimer of liability..............................................................................................4
9. You must keep your account details safe................................................................5
10. We are not responsible for websites we link to.......................................................5
11. We are not responsible for third party content.......................................................6
12. Rules about linking to our site................................................................................6
13. Uploading content to our site.................................................................................6
14. Governing law........................................................................................................7
15. General...................................................................................................................8
Website Terms and Conditions
Last updated on [date].
Please read these Terms and Conditions carefully before using this Website.
1. By using our website you accept these terms and conditions
1.1 By clicking on the “I Agree” icon on [Company’s Website] (Website), you confirm
that you accept these terms and conditions of use of our Website (Terms and
Conditions) and that you agree to comply with them.
1.2 If you do not agree to these terms, you must not use our Website.
1.3 We recommend that you print a copy of these terms for future reference.
2. There are other terms that may apply to you
These terms of use refer to the following additional terms, which apply to your use
of our Website: [Drafting Note: Please review and amend this paragraph
accordingly.]
(a) Our Privacy Policy [Insert link]
(b) Our Rules of Usage [Insert link]
(c) If you purchase [applicable goods/services] from our Website, our Terms and
Conditions of Sale [Insert link] will apply to such sales.
(d) [Insert link to other policies as appropriate]
3. We may make changes to these Terms and Conditions
3.1 We may amend these Terms and Conditions from time to time. Every time you wish
to use our Website, please check these Terms and Conditions to ensure you
understand the Terms and Conditions that apply at that time.
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3.2 You may determine if any such amendment has taken place by referring to the date
on which these Terms and Conditions were last updated. Your continued use of our
Website constitutes your acknowledgement and acceptance of such changes.
4. We may modify, suspend or withdraw our Website
4.1 We reserve the right to update or modify our Website from time to time. We do not
guarantee that our Website, or any content on it, will always be available or be
uninterrupted. We may suspend or withdraw or restrict the availability of all or any
part of our Website at any time without ascribing any reasons.
4.2 You are also responsible for ensuring that all persons who access our Website
through your internet connection are aware of these Terms and Conditions and any
other applicable terms, and that they comply with them.
5. Proprietary rights
5.1 This Website is owned and operated by [Insert Company Name] (we, our, us or
“[Insert acronym]”).
5.2 The materials located on this Website, including the information as well as any
software programmes made available on or through this Website (the Contents), are
protected by copyright, trademark and other forms of proprietary rights. All rights,
title and interest in the Contents are owned by, licensed to or controlled by [Insert
Company Name].
6. Access to our Website
6.1 You agree to comply with any and all terms, guidelines, notices, policies, and
instructions pertaining to the use and/or access of our Website, as well as any
amendments to the aforementioned, issued by us, from time to time.
6.2 You acknowledge and agree that to access and use certain services on our Website
(including but not limited to [insert the services that require registration]), you will
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be required to register and additionally shall be bound to strictly comply with any
other terms and conditions (where applicable) in addition to these terms.
6.3 You may not adapt or circumvent the systems in place in connection with our
Website, nor access our Website other than through normal operations.
6.4 Failure to comply with these Terms and Conditions may result in our taking of
actions we reasonably deem appropriate, including any or all of the following
actions:
(a) immediate, temporary or permanent withdrawal of your right to use our
Website;
(b) immediate, temporary or permanent removal of any posting or material
uploaded by you to our Website;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all of our costs (including,
but not limited to, reasonable administrative and legal costs) resulting from
the breach;
(e) further legal action against you; and/or
(f) disclosure of such information to law enforcement authorities as we
reasonably feel is necessary.
6.5 All disclaimers, indemnities and exclusions in these Terms and Conditions shall
survive termination of the agreement between us for any reason.
7. Restrictions on use of materials
7.1 Except as otherwise provided, the Contents of this Website shall not be produced,
republished, uploaded, posted, transmitted or otherwise distributed in any way,
without the prior written permission of [Insert Company Name].
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7.2 You must not use any part of the Contents of this Website for commercial purposes
without obtaining a licence to do so from us or our licensors.
7.3 Modification of any of the Contents or use of the Contents for any other purpose will
be a violation of [Insert Company Name]’s copyright and other intellectual property
rights. Graphics and images on this Website are protected by copyright and may not
be reproduced or appropriated in any manner without the written permission of
their respective copyright owners.
7.4 If you print off, copy or download any part of our Website in breach of these Terms
and Conditions, your right to use our Website will cease immediately and you must,
at our option, return or destroy any copies of the material you have made.
8. Disclaimer of liability
8.1 The Contents of this Website are provided on an “as is” basis without warranties of
any kind. To the fullest extent permitted by law, [Insert Company Name] do not
warrant and hereby disclaim any warranty:
(a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title,
merchantability or fitness for any particular purpose of the Contents of this
Website; and
(b) that the Contents available through this Website or any functions associated
therewith will be uninterrupted or error-free, or that defects will be
corrected or that this Website and the server will be free of all bugs, viruses
and/or other harmful elements.
8.2 To the fullest extent permitted by law, we shall not be liable for any damage or loss
of any kind, howsoever caused as a result (indirect or direct) of the use of this
Website, including but not limited to any damage or loss suffered as a result of
reliance on the Contents contained or available from this Website.
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8.3 The Contents of this Website do not constitute financial, legal or other professional
advice. If financial, legal or other professional advice is required, services of a
competent professional should be sought.
8.4 You are responsible for configuring your information technology, computer
programmes and platform to access our Website. You should use your own virus
protection software.
8.5 Although we make reasonable efforts to update the information on our Website, we
make no representations, warranties or guarantees, whether express or implied,
that the content on our Website is accurate, complete or up-to-date.
9. You must keep your account details safe
9.1 If you choose, or you are provided with, a user identification code, password or any
other piece of information as part of our security procedures, you must treat such
information as confidential. You must not disclose it to any third party.
9.2 We have the right to disable any user identification code or password, whether
chosen by you or allocated by use, at any time if, in our reasonable opinion, you have
failed to comply with any of the provisions of these Terms and Conditions.
9.3 If you know or suspect that anyone other than you knows your user identification
code or password, you must promptly notify us at [Insert E-mail Address].
10. We are not responsible for websites we link to
Where our Website contains links to other websites and resources provided by third
parties, these links are provided for your information only. Such links should not be
interpreted as approval or endorsement by us of those linked websites or
information you may obtain from them. We have no control over the contents of
those websites or resources. When you click on a third-party link, you will leave our
Website. Any personal data you submit on the resulting site will not be collected or
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controlled by us but will be subject to the privacy policy or terms of use of the
resulting site.
11. We are not responsible for third party content
Our Website may contain third party content, including but not limited to
[comments and articles posted by third parties, the content of advertisements
posted by third parties, applications posted by third parties and content accessed
through such applications]. You agree that we shall not be responsible or liable for
any third-party content on our Website or your access or use of any third-party
content on our Website.
12. Rules about linking to our site
12.1 You may not establish a link to the home page or to any other page on our Website
without our express written consent. Even if consent is provided, you may only
establish a link to the home page or to any other page on our Website in a way that
is fair and legal and does not damage our reputation or take advantage of it.
12.2 You must not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.
12.3 You must not establish a link to our Website in any website that is not owned by you.
12.4 We reserve the right to withdraw linking permission without notice.
12.5 The website in which you are linking must comply in all respects with the content
standards set out in our Rules of Usage [Insert link].
12.6 If you wish to link or make any use of Content on our Website other than that set out
above, please contact [Insert E-mail Address].
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13. Uploading content to our site
13.1 Whenever you make use of a feature that allows you to upload content to our
Website, or to make contact with other users of our Website, you must comply with
the content standards set out in our Rules of Usage [Insert link].
13.2 You warrant that any such contribution does comply with those standards, and you
will be liable to us and indemnify us for any breach of that warranty. This means you
will be responsible for any loss or damage we suffer as a result of your breach of
warranty.
13.3 Any content you upload to our Website will be considered non-confidential and non-
proprietary. You retain all of your ownership rights in your content, but you are
required to grant other users of our Website a [limited licence] to use, store and
copy that content and to distribute and make it available to third parties. You also
grant us a [worldwide, royalty-free, non-terminable licence] to use, copy, distribute,
publish and transmit such data in any manner.
13.4 We also have the right to disclose your identity to any third party who is claiming any
content you posted or uploaded to our Website constitutes a violation of their
intellectual property rights or of their right to privacy, in accordance with our Privacy
Policy [Insert link].
13.5 We have the right to remove any posting you make on our Website if, in our sole
opinion, your post does not comply with the content standards set out in our Rules
of Usage [Insert link].
14. Governing law
14.1 These Terms and Conditions shall be governed and construed in accordance with the
laws of Singapore. By clicking on the “I Agree” icon in our Website, you and we both
agree or are deemed to have agreed that the [Singapore courts] will have exclusive
jurisdiction.
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[Or, if the Company prefers to direct the dispute to arbitration, then:
Any dispute arising out of or in connection with these Terms and Conditions,
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.
The law of the arbitration agreement shall be Singapore law.]
15. General
15.1 A failure by us to exercise or enforce any rights conferred upon us by these Terms
and 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.
15.2 If any provision of these Terms and Conditions is held to be unlawful, invalid or
unenforceable, that provision shall be deemed severed and the validity and
enforceability of the remaining provisions of these Terms and Conditions shall not be
affected.
15.3 A person who is not a party to these Terms and Conditions shall have no right under
the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of these
Terms and Conditions, and the application of the Contracts (Rights of Third Parties)
Act 2001 of Singapore is expressly excluded.
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15.4 You agree that we can transfer our rights and obligations under these Terms and
Conditions to any company, firm or person. You may not transfer your rights or
obligations under these Terms and Conditions to anyone else.
16.
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Disclaimer: This precedent (the “Precedent”) is intended to give legal information only
and has been developed specifically for use in Singapore. The Precedent is drafted
based on the applicable laws as at the date of publication. You acknowledge and agree
that the Precedent may not be up to date in accordance with changes to the law or
market practice and Singapore Academy of Law (“SAL”) and the contributor of the
Precedent (“Contributor”) are under no obligation to update it.
You acknowledge and agree that the making available of the Precedent to you by SAL
and Contributor does not constitute the provision of legal advice or other professional
advice by SAL and Contributor and you will not rely on such documents as legal advice.
You further agree and acknowledge that the Precedent has not been prepared with
your specific circumstances in mind, may not be suitable for use in your situation, may
not be exhaustive in respect of provisions that are to be included, and does not
constitute legal or tax advice. In relying on the Precedent, you assume all risks and
liabilities that may result.
You are strongly advised to advise your client of the implications of entering into such
an agreement and ensure appropriate customization of the provisions as set out in this
specimen to ensure that the terms and conditions required in light of the
circumstances faced by your client are included.
You should review the Precedent carefully for accuracy before using it. These terms
and the operations or availability of the Precedent may be changed by SAL, with or
without notice, at its sole discretion.
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