TERMS & CONDITIONS
1. Terms of Use
1.1. All services available from Wonderwall.sg (“WW”), including but not limited to services provided through its website, social media platforms, (collectively referred to as the “Platforms”) are available to all Singapore residents subject to this Terms and Conditions of Use, the End User Licence Agreement, the Privacy Policy, the WW Contest Rules, and any other policies, rules and regulations as may be imposed and/or required by WW from time to time, all of which are incorporated herein by reference (collectively referred to herein as the "Agreement").
1.2. By downloading, browsing, accessing, signing up or otherwise using the services available from WW through the Platforms, including all associated features and functionalities, websites and user interfaces, all content and software applications associated with the said services, accessing videos or photo images or other content or material that are made available through or on any or all the Platforms, (collectively, the “Services”), you agree to be bound by the Agreement.
1.3. WW reserves the right to amend these Terms and Conditions of Use at any time. As such, the obligation is on you to review the Terms and Conditions of Use regularly for such changes. If you disagree with any of these Terms and Conditions of Use or the Agreement, you must immediately discontinue your access to any of the Platforms and your use of the Services offered on or through the Platforms. Continued use of the Services through any of the Platforms shall constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time by WW.
1.4. To access the Platforms and/or to access certain functions available on the Platforms, you may be requested to register and provide your personal details, notwithstanding that you may be allowed to use a unique username for purposes of accessing the relevant platforms. In particular, in such an event, you must provide your real name, telephone number, e-mail address, NRIC number, and/or such other requested information as may be stipulated by WW. WW shall be entitled to require you to provide proof of the authenticity of the aforementioned information given for verification purposes.
1.5. For the purposes of these Terms and Conditions of Use, the term "Platforms" shall include all services, information, communications, compilations, images, software, text, graphics, messages, publications and all other materials supplied by WW to you, whether posted or published on any of the Platforms or otherwise offered, supplied, produced, provided and/or delivered to you whether by way of electronic communications in the form of electronic mails, SMS, written correspondences, or any other method or technology whether now known or hereafter developed.
1.6. All services provided on or through the Platforms are intended solely for use in Singapore. WW makes no representation that the products and services are available or otherwise suitable for use outside of Singapore. You further acknowledge that certain services on the Platforms, may only be viewed and/or accessed in Singapore.
1.7. WW may also, from time to time, launch and/or offer other services on or through the Platforms which may be governed by different terms and conditions. Your use of such other services will accordingly be subject to such different terms and conditions.
2. Account
2.1. You may not be able to access all services on each of the Platforms, as certain services on the Platforms will only be made available to parties who are registered as registered users of the relevant Platforms with WW. You warrant that all information provided by you at the point of account registration, including but not limited to all information in the application form(s), is true, correct and complete, and you have the capacity to enter into this Agreement and use the Services. You shall also be liable to ensure that all the information provided is updated, accurate and complete at all times.
2.2. Once you have registered as a registered user of any of the Platforms, please keep your account and your account information confidential, safe and secure. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify WW of any security breach of your account. WW shall not be responsible for any losses arising out of the unauthorized use of your account at any time. In particular, you must not:
2.2.1. disclose your registered account identification or password to any other party; or
2.2.2. allow any other party to use or share your registered account.
2.3. WW shall be fully entitled to decline, or refuse any registration or terminate any registered account in its sole discretion without providing any reason whatsoever.
2.4. Other users will be similarly responsible for all use of their respective registered accounts. Without affecting any limitation or exclusion of liability elsewhere in this Agreement, WW shall not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with any use made by other users of their respective accounts.
2.5. You acknowledge and consent to WW accessing, collecting and using certain personally identifiable information provided by you, whether on its own or through its agent, for various purposes, including without limitation, verification and record of your personal particulars, comparing the same with information from other sources, communicate with you to send you information, promotions and updates including marketing and advertising materials in relation to WW’s goods and services and those of third party organisations selected by WW and/or sharing it with third parties who work with or on behalf of WW to provide a product or service to you. Please review our Privacy Policy in this respect for its full terms and conditions.
3. Electronic Transactions
3.1. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and transactions as required. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on or through the Platforms, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
3.2. You hereby expressly agree and acknowledge:
3.2.1. that all electronic communications made pursuant to the Agreement and/or the use of the Platforms shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
3.2.2. that you shall not contest the legally binding nature, validity or enforceability of any transaction made through or on the Platforms on the ground that it was entered into electronically;
3.2.3. that you shall expressly waive any and all rights which you may have to assert any such claims and shall comply with all relevant laws concerning electronic communications; and
3.3.4. that any and all transactions, including but not limited to the passing of risk and/or title to any and all goods and services purchased and/or transacted on or through the Platforms pursuant hereto shall be deemed and construed to be transacted, transferred and/or passed to you in Singapore.
4. Contest Terms
4.1. All Wonderwall.sg (“WW”) contests are open to any contestant(s) of any age or residency in Singapore unless a specific age and/or residency is required by the type of contest, the participating agency, the advertiser and/or by law. The contestants hereby acknowledge and agree that certain contest(s) may be subjected to further rules and regulations not set out herein, and the contestants shall be subjected to such further rules and regulations which may be published on WW’s website and/or social media pages.
4.2. Contests that involve an alcohol beverage, club and/or pub sponsor are open to all contestants who are at least 18 years old.
4.3. All employees of WW, including their immediate families, as well as sponsoring companies and its agencies, shall not be eligible to enter any of WW contests.
4.4. The contestants acknowledge and agree that by participating in any of WW’s contests, they agree to the terms of WW’s Privacy Policy and Terms & Conditions of Use, as may be amended from time to time.
4.5. Contestants may only win once in the same contest conducted by WW on each of its platforms (including but not limited to its website and/or its social media platforms) within sixty (60) days, inclusive of the date the contestant won the said contest. WW reserves the right to disqualify any winner upon discovery that the winner has taken part and won in any contest held by WW in breach of this term.
4.6. WW reserves the right to disqualify any contestant in the event the name given by the contestant does not correspond with the name registered on the contestant’s NRIC / Passport / Work Permit.
4.7. All contestants acknowledge and agree to WW disclosing the contestant’s name, photograph, likeness, voice and/or character as WW may deem fit for promotional purposes.
4.8. All prizes are non-transferable. Winners of WW’s contests shall not be entitled to request for a substitution or any other form of consideration in lieu of the original prize. Notwithstanding this, WW reserves the right to substitute any prize(s) for another of similar value, and such discretion exercised by WW for the substitution shall be final.
4.9. WW reserves the right to revoke any prize and/or disqualify any contestant or winner if the contestant and/or the winner does not meet any or all of the eligibility requirements. WW shall be entitled to revoke any prize of a winner even though the winner may already have been announced by WW published in any other way.
4.10. All prizes must be claimed by the winners within 28 days from the date the results of the contests have been broadcast and/or announced by WW, failing which, such prizes shall be forfeited.
4.11. All winners shall provide their original identification card and/or passport and/or such other form of identification upon WW’s request for verification purposes.
4.12. All decisions by WW and/or WW’s appointed judges shall be final.
4.13. WW shall not be liable for any unforeseen cancellations or delays of contests and/or events and/or transportation caused by the weather, promoter and/or the performer.
4.14. WW reserves the right to cancel any contests and/or events as WW may deem fit without further notice. WWE shall not be liable to any contestants for such cancellations.
4.15. WW reserves the right to amend and/or withdraw its rules and regulations without prior notice.
5. Content
5.1. You may post, upload, or otherwise contribute content to such services as may be rendered through any of the Platforms which allows for the same, or third party sites, applications and/or facilities which may be linked to such Platforms, including, but are not limited to, pictures, text, messages, information, descriptions and/or other types of content (the “User Content”). You agree that whether or not such User Content is published, WW does not guarantee confidentiality and/or security of the User Content.
5.2. By submitting the User Content on any of the Platforms, you agree that you own or have the right to post such User Content, and that you are solely responsible for the same. Such User Content shall not violate any terms of the Agreement or any applicable laws of Singapore, including but not limited to any international intellectual property rights. WW does not have control of or in any way endorse any User Content or any opinion, recommendation, or advice expressed therein, and WW expressly disclaims any and all liability in connection with the User Content.
5.3. The User Content (or any materials contained therein):
5.3.1. shall not contain any information and/or materials that is false, inaccurate, incorrect, untrue or misleading;
5.3.2. shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
5.3.3. shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
5.3.4. shall not be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing in any way;
5.3.5. shall not be obscene or contain child pornography or anything adult in nature or harmful to minors;
5.3.6. shall not contain any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
5.3.7. shall not create any liability for WW or cause WW to lose (in whole or in part) the services of WW's ISPs or other suppliers; and
5.3.8. shall not cause WW to violate any applicable law, statute, ordinance or regulation.
5.4. By submitting and/or uploading User Content on any of the Platforms, you hereby grant WW a worldwide, non-exclusive, royalty-free, transferable licence (with the right to sub-licence) right to use and exercise the copyright and publicity rights you have in the User Content in any media or digital formats now known or not currently known. You agree that the licence granted by you vis-à-vis the User Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights (if any).
5.5. By using the Platforms and submitting User Content on any of the Platforms, you agree to indemnify and hold WW harmless from and against all damages, losses, and expenses of any kind (including legal fees and disbursements) arising from any claim which arises out of the User Content.
5.6. WW may, but has no obligation to, monitor, review or edit the User Content. WW reserves the right to remove any User Content or disable access to any User Content if such User Content is in violation of the terms of the Agreement and/or the applicable laws of Singapore. WW shall be further entitled to remove any User Content at its sole discretion without any prior notification to any user who had supplied such User Content.
5.7. You agree and acknowledge that all discussion for ratings, comments, bulletin board services, chat rooms, social media platforms, and/or other message or communication facilities, including but not limited to third party sites, applications and/or facilities which may be linked to the Platforms (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. WW does not have control over or in any way endorse the content, messages or information found in any Community, and, therefore, WW specifically disclaims any liability concerning the Communities and any consequence that may result from your participation in any Community, including any objectionable content. Generally, any communication which you or any other person posts to the Platforms (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages and/or social media platforms permit the submission of communications that will be treated by WW as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Platforms, you agree to grant to WW the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
6. Intellectual Property Rights
6.1. All content (including without limitation all text, photographs, graphics, video and audio content) accessible on or through the Platforms are the exclusive property of WW and/or its content suppliers and protected by Singapore and international intellectual property laws.
6.2. All rights in and to all materials displayed in the Platforms are reserved by WW and you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of the Platforms for any purpose, whether personal or commercial, save with the prior written consent of WW.
6.3. Without limiting the generality of the foregoing, you may not distribute or publish any part of the contents of the Platforms over any other website or any network, including a local area network, or through any other media, nor sell or offer it for sale. In addition, files may not be used to construct any kind of database. The collection, arrangement, assembly or compilation of all content on the Platform are the exclusive property of WW and protected by Singapore and international intellectual property laws.
6.4. All software used on any of the Platforms (as the case may be) is the property of WW and/or its software suppliers and protected by Singapore and international intellectual property laws. WW is concerned about the integrity of its digital Platforms when it is viewed in a setting created by a third party that includes advertising or other materials that WW has not authorized to be displayed with the same.
6.5. Without limiting the foregoing provisions, you shall not make use or authorise any third party to make use of the contents of the Platforms in any manner that constitutes an infringement of WW's rights, including but not limited to all of WW’s intellectual property rights.
6.6. The trademarks, service marks and logo (collectively, the "Trademarks") used and displayed on the Platforms may consist of registered and/or unregistered trademarks of WW, its affiliates or its licensors. Nothing on such Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Platforms, without the prior written permission of WW. WW, its affiliates and licensors shall aggressively enforce all its intellectual property rights to the fullest extent permitted by the law in the event of any breach or infringement of the same.
6.7. The name of WW, Wonderwall.sg, and its affiliates and the Trademarks may not be used in any way, including in advertising or publicity on the Platforms, without the prior written permission of WW. WW prohibits the use of the Trademarks as a "hot" link or inlink to the Platforms (as the case may be) or any other mobile applications unless establishment of such a link is approved in advance byWW in writing.
7. Termination
7.1. WW reserves the right to terminate your use of the Platforms, delete and/or block your registered user account permanently, if it believes that you are in violation of or have acted inconsistently with the letter or spirit of the Agreement, or have violated the rights of WW or any third party, or for any other reason whatsoever with or without any prior notice to you. You agree that WW may modify or discontinue any of the Platforms, with or without any prior notice to you, and that WW shall not be liable to you or any third party as a result of any such modification or discontinuation of the Platforms.
8. Restrictions
8.1. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any of the Platforms and/or the content contained therein without WW's prior written permission. You agree that you will not use any device, software or routine to interfere with or attempt to interfere with the proper working of the Platforms and/or to interfere with any other user’s access to any part of the Platforms. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on WW's infrastructure. A substantial part of the information on the Platforms is updated on a real time basis and is proprietary or is licensed to WW by WW's users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Platforms without the prior written permission of WW or the appropriate third party.
8.2. The provision of the Platforms for use by you does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Platforms in the case WW’s website and/or WW’s social media platforms. To use the Platforms, you may require internet connectivity and appropriate telecommunication links. You shall be responsible for providing all of the aforementioned to enable your use of the Platforms. WW shall not be responsible for any connection or access to the Platforms by you or the quality of the transmission of any information passing between you and the Platforms.
8.3. If you are not the bill payer for the mobile telephone, handheld device or any other electronic device or computers being used to access the Platforms, you will be assumed to have received permission from the bill payer for using the Platforms.
8.4. In particular and without limiting the generality of the foregoing, you shall not and/or shall not attempt to:
8.4.1. offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, any or any part of the Platforms or any registered account(s) thereof;
8.4.2. communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Platforms or any registered account(s) thereof;
8.4.3. exploit in any way for any personal or other gain any or any part of the Platforms or any registered account(s) thereof; or
8.4.4. deep link from any other website to, or frame on any other website, any or any part of the Platforms or any registered account(s) thereof.
8.5. You must NOT at any time:
8.5.1. assume a false identity or the identity of some other registered user to access or use any or any part of the Platforms or any registered account(s) thereof;.
8.5.2. take any action that damages, disables, overburdens, impairs or imposes an unreasonable or disproportionately large load on any part of WW’s infrastructure or any or any part of the Platforms or any registered account(s) thereof;.
8.5.3. use any or any part of the Platforms or any registered account(s) for sending out unsolicited emails thereof; or
8.5.4. use any or any part of the Platforms or any registered account(s) thereof in any way that will or could:
8.5.4.1. violate, or that will or could result in WW violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
8.5.4.2. cause any form of loss or damage to WW or any third party (including, without limitation, loss of reputation and goodwill); or
8.5.4.3. create any liability for WW to lose (in whole or in part) the services of any internet or telecommunication service provider or any other supplier of goods and/or services.
9. Disclaimers and Indemnities
9.1. You acknowledge and agree that the Services may, from time to time, be adversely affected by events outside WW's and a service provider's control. WW and the service provider will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Services and will take all reasonable steps to correct any error, omission or mistake, but will have no liability whatsoever for any error in, or delay in, or failure in transmission of the Services, howsoever caused (whether through the negligence of WW and/or the service provider or otherwise), or any loss, damage, costs or expenses incurred by you directly or indirectly in connection with your use of the Platforms.
9.2. The Services on the Platforms are available on an “as is where is” basis. WW does not warrant that the Platforms will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information, content or other materials available through the Platforms. WW shall not be responsible for the availability or content of other services that may be linked to the Platforms. WW does not make any warranties, express or implied, including without limitation, those of merchantability (or satisfactory quality) and fitness for a particular purpose, with respect to the Platforms or any information or goods or services that are available or advertised or sold through the Platforms.
9.3. WW does not make any representations, nor does WW endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Platforms or available through links in the Platforms. WW reserves the right to correct any errors or omissions in the Platforms as it deems fit in its sole discretion.
9.4. Although WW intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses", malware or other destructive materials to the Platforms, WW does not guarantee or warrant that the Platforms or materials that may be downloaded from or accessed through the Platforms do not contain such destructive features. WW is not liable for any damages or harm attributable to such features.
9.5. Reliance on the Platforms and any materials available through the Platforms is solely at your own risk. WW, its employees, subsidiaries, affiliates, associates and related entities make no warranty and hereby disclaim all and any warranty, express or implied, (to the extent permitted by law):
9.5.1. in respect of the use, security, accuracy, reliability, timeliness, non-infringement, satisfactory quality or fitness for any particular purpose of the content or of the use of the Platforms; and
9.5.2. in respect of harm arising from downloading or accessing any information or material through the Platforms, including without limitation, harm caused by viruses or similar contamination or destructive features, whether or not known.
9.6. In no event shall WW, its employees, subsidiaries, affiliates, associates and related entities be liable to you and/or to any party for any damages, expenses, claims, costs or losses of any kind, including without limitation, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, arising out of any legal claim (whether in contract, tort or otherwise) in relation to your use of or inability to use the Platforms, and/or the content of the hyperlinks thereof. Any claim against WW shall be limited to the amount you paid, if any, for the use of the Platforms or in relation to the particular transaction, whichever is lesser. All warranties, representations, conditions or other terms either expressed or implied in relation to this Agreement are excluded and limited to the maximum extent permissible by law.
9.7. You agree to indemnify and hold harmless WW, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from any claims, demands, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions of Use and/or the Agreement, and/or resulting from any dispute between any users of the Platforms. WW reserves the right to take over the exclusive defence of any claim for which WW is entitled to indemnification under these terms and conditions herein. In such event, you shall provide WW with such cooperation as is reasonably requested by WW.
10. General
10.1. All decisions made by WW in relation to the use of the Platforms and the Agreement shall be final and binding on you.
10.2. These Terms and Conditions of Use and the Agreement shall be governed exclusively by the laws of Singapore without any regard to any conflicts of laws principles. Any and all dispute arising out of the use of the Platforms shall be deemed to have taken place in Singapore and shall first be referred to arbitration in Singapore 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 into these terms and conditions. The arbitration shall be in the English language before a Sole Arbitrator.
10.3. WW reserves the right to revise, withdraw or make changes to the Agreement and the Platforms, in whole or in part, at any time and from time to time. This includes, without limitation, the right to introduce new, and change the then-current, fees, price plans and/or billing methods for any and all registered users. All revisions, withdrawals and/or changes will be posted on the relevant Platforms and all such revisions, withdrawals and/or changes shall automatically be effective once they are posted on the Platforms or once notification by electronic or conventional mail or such other means as determined by WW at its sole discretion are sent. You are responsible for checking the Platforms for the most current terms and conditions. Each time you access or use the Platforms, you will be deemed to have agreed to be legally bound by the most current terms and conditions.
10.4. You agree that WW can (but is not obliged to) send you notices (including, without limitation, those regarding changes to the Agreement) by email and/or regular mail and/or postings on the Platforms or any other mode of communication as WW may deem appropriate.
10.5. Any failure by WW to act on any breach by you or others of any of the provisions of the Agreement does not constitute a waiver of any of WW’s rights in relation to that particular breach or any subsequent or similar breaches.
10.6. If a Court of any competent authority decides that any provision (or part thereof) of this Terms and Conditions of Use and/or Agreement is void or ineffective in whole or in part, then the void or ineffective provision or part thereof will be deemed excluded and all other provisions and parts of this Agreement shall continue in full force and effect.
10.7. A person who is not a party to this Terms and Conditions of Use and/or Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this Terms and Conditions of Use.