TERMS OF USE (NSRCC)

Definitions

The following terms shall have the following meanings:

“Account” means a registered account of a member opened under NSRCC’s website;

“Agreement” means the agreement formed by Terms of Use, the Privacy Policy, the membership terms and conditions in force from time to time, and any other policies, rules as well as regulations which NSRCC may impose;

“Computer” means your computer, notebook computer, mobile phone or other electronic devise used to access the Website or NSRCC’s Services;

“Content” means materials, information, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content;

“Member” means a registered member of the Website and NSRCC;

“NSRCC” means the National Service Resort and Country Club;

“NSRCC Content” means Content that is made available by NSRCC, including Content uploaded by NSRCC via the Website and/or the Platforms;

“NSRCC Services” means all services rendered by NSRCC to the public and/or its members, including, but not limited to, the bungalows, golf courses, sports and recreational activities and facilities, food and beverage outlets available at NSRCC, and all other services belonging to NSRCC;

“Personal Data” means data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access;

“Platforms” means any social media platforms (e.g. Facebook, Instagram, or any other social media platform which may be available from time to time) or any other platforms made available by NSRCC for the posting of User Content by Members and/or the public;

“User Content” means all Content on the Website or any other social media platforms of NSRCC which is created, transmitted, posted or uploaded by a user of the Website and/or a user of the Platforms;

“Terms of Use” means the terms and conditions for using and accessing the Website;

“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you or NSRCC;

“Website” means this website (www.nsrcc.com.sg).

General

These Terms of Use shall be read in conjunction with the Privacy Policy, NSRCC’s membership terms and conditions in force from time to time, and any other policies, rules, bye-laws and regulations which NSRCC may impose from time to time (collectively referred to as the “Agreement”).

This Website is owned and operated by NSRCC. NSRCC reserves the right to maintain, update, modify, suspend and discontinue with this Website without prior notice and without having to ascribe any reason.

By accessing the Website, you are deemed to have understood and agreed to the terms of the Terms of Use and/or the terms of the Agreement. In the event you do not agree to any of the terms of the Agreement, please leave the Website and discontinue your use of the NSRCC’s Services accordingly.

NSRCC reserves the right to amend, change or modify the Terms of Use, and/or any other terms of the Agreement, at its sole and absolute discretion. All amendments, changes or modifications will be posted on this page. By accessing and using the Website and/or accessing NSRCC’s Services via the Website and/or the Platforms at any time after the amendment of the Terms of Use, you shall be deemed to have accepted the modified Terms of Use and/or the terms of the Agreement, as the case may be. You also accept that it is your obligation to check the Website regularly and ensure that you are aware of all the terms of the Agreement. Notice is hereby given that there may be a lapse of time between the change and the effect of posting.

To access NSRCC’s Services via the Website and/or the Platforms, you must be at least eighteen (18) years of age. If you are under the age of eighteen (18) and you wish to access NSRCC’s Services through the Website and/or the Platforms, you must get consent from your parent or guardian before doing so.

The information on the Website and/or the Platforms are provided for general information only, and shall not be used or relied on by anyone for any purpose, whether commercial or otherwise. NSRCC does not warrant the completeness, correctness, accuracy, timelines, non-infringement, reliability, title, satisfactory quality or fitness of any particular purpose of any information provided on the Website.

Contents

You may post, upload, or otherwise contribute User Content on the Platforms. You agree that whether or not such User Content is published, NSRCC does not guarantee confidentiality and/or security of the User Content.

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. NSRCC does not have control of or in any way endorse any User Content or any opinion, recommendation, or advice expressed therein, and NSRCC expressly disclaims any and all liability in connection with the User Content.

The User Content (or any materials contained therein):

shall not contain any information and/or materials that is false, inaccurate, incorrect, untrue or misleading;

shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

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);

shall not be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing in any way;

shall not be obscene or contain child pornography or anything adult in nature or harmful to minors;

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;

shall not create any liability for NSRCC or cause NSRCC to lose (in whole or in part) the services of NSRCC’s ISPs or other suppliers;

shall not bring NSRCC into any disrepute in any way whatsoever;

shall not have any religious, racist or political connotations; and

shall not cause NSRCC to violate any applicable law, statute, ordinance or regulation.

By submitting and/or uploading User Content on any of the Platforms, you hereby grant NSRCC 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).

By using the Website and/or the Platforms, and/or by submitting User Content on the Website and/or the Platforms, you agree to indemnify and hold NSRCC 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.

NSRCC may, but has no obligation to, monitor, review or edit the User Content. NSRCC 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. NSRCC 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.

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. NSRCC does not have control over or in any way endorse the Third Party User Content found in any Community, and, therefore, NSRCC 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 and/or Communities are considered to be non-confidential. By posting any Content on the Website and/or the Platforms, you agree to grant to NSRCC the right to use such Content for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.

You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to: (a) NSRCC’s Services; (b) NSRCC’s Website; (c) any NSRCC Content except with the prior written consent of NSRCC or unless expressly permitted in these Terms of Use and the Agreement.

Without prejudice to the generality of Clause 15, you agree not to reproduce, display or otherwise provide access to the NSRCC Services, the NSRCC Content and/or the Third Party User Content on another website or server, for example thorough framing, mirroring, linking, spidering, scraping or any other technological means, which includes any technology available in the future, without the prior written permission of NSRCC.

You may, for your personal and/or non-commercial use, retrieve and display NSRCC Content on any compatible device owned by you, and store such NSRCC Content in electronic form on a disk or on a mobile device owned by you, but not on any server or other storage device connected to a network.

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any NSRCC Content available on the Website or Platforms except under the specific circumstances expressly permitted by law and/or by NSRCC in writing.

Intellectual Property Rights

All Content accessible on or through the Website and Platforms are the exclusive property of NSRCC and/or its content suppliers and protected by Singapore and international intellectual property laws.

All software used on any of the Website and Platforms (as the case may be) is the property of NSRCC and/or its software suppliers and protected by Singapore and international intellectual property laws. NSRCC 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 NSRCC has not authorized to be displayed with the same.

The trademarks, service marks and logos (collectively, the "Trademarks") used and displayed on the Website and Platforms may consist of registered and/or unregistered trademarks of NSRCC, its affiliates or its licensors. Nothing on such Website and Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Website and Platforms, without the prior written permission of NSRCC. NSRCC, 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.

The name of NSRCC and its affiliates and the Trademarks may not be used in any way, including in advertising or publicity on the Website and Platforms, without the prior written permission of NSRCC. NSRCC 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 by NSRCC in writing.

Restrictions

You hereby undertake:

To comply with the Terms of Use and other terms of the Agreement;

Not to use any of NSRCC’s Services or NSRCC Content for any unlawful purpose, and to comply with all applicable laws and regulations, including but not limited to, copyright law;

Not to use any robot, spider, device, software or routine to interfere with or attempt to interfere with, disrupt, over-burden, hack or otherwise impair the proper working in any way whatsoever of the Website and the Platforms and/or any registered Account(s) thereof; ;

Not to use the Account of another Member at any time, whether with or without his or her permission;

Not to 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 Website and Platforms or any registered Account(s) thereof;

Not to 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 Website and Platforms or any registered Account(s) thereof;

Not to exploit in any way for any personal or other gain any or any part of the Website and Platforms or any registered Account(s) thereof;

Not to 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;

Not to assume a false identity or the identity of some other registered user to access or use any or any part of the Website and/or the Platforms or any registered Account(s) thereof;

Not to use any part of the Website and/or Platforms and/or any registered Account(s) for sending out unsolicited emails;

Not to use any part of the Website and/or Platforms and/or any registered Account(s) that will or could result in NSRCC violating any law, statute, ordinance, regulation, code of practice, direction, order, or guideline(s) issued by any regulatory authority;
Not to use any part of the Website and/or Platforms and/or any registered Account(s) that will or could result in NSRCC suffering any form of loss or damage or any third party suffering any form of loss or damage;
Not to use any part of the Website and/or Platforms and/or any registered Account(s) that will or could result in creating any liability for NSRCC to lose the services (in whole or in part) of any internet or telecommunication service provider or any other supplier of goods and/or services.

The provision of the Website and 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 Website and Platforms. To use the Website and 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 Website and the Platforms. NSRCC 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.

Disclaimers and Indemnities

You acknowledge and agree that the NSRCC Services may, from time to time, be adversely affected by events outside NSRCC’s control and/or a service provider's control. NSRCC and the service provider will make all reasonable endeavours to ensure the uninterrupted and timely supply of the NSRCC 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 NSRCC Services, howsoever caused (whether through the negligence of NSRCC 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 Website and/or Platforms.

The NSRCC Services on the Website and/or the Platforms are available on an “as is where is” basis. NSRCC does not warrant that the Website and/or 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. NSRCC shall not be responsible for the availability or Content of other services that may be linked to third party sites. NSRCC 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 Website and the Platforms or any Content that are available or advertised or sold through the Platforms.

NSRCC does not make any representations, nor does NSRCC 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 Website and/or Platforms. NSRCC reserves the right to correct any errors or omissions on the Website and/or Platforms as it deems fit in its sole discretion.

Destructive Materials

Although NSRCC intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses", malware or other destructive materials to the Website and/or the Platforms, NSRCC does not guarantee or warrant that the Website and/or the Platforms or materials that may be downloaded from or accessed through the Website and/or the Platforms do not contain such destructive features. NSRCC is not liable for any damages or harm attributable to such features.

Reliance on the Website and/or the Platforms and any materials available through the Website and/or the Platforms is solely at your own risk. NSRCC, 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):

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 Website and/or the Platforms; and

in respect of harm arising from downloading or accessing any information or material through the Website and/or the Platforms, including without limitation, harm caused by viruses or similar contamination or destructive features, whether or not known.

Third Party Sites

NSRCC may provide links to other sites that may be of relevance and interest to users. You agree that NSRCC has no control over, and is not responsible for the Content and/or for any loss or damage which you may suffer from accessing the third party sites (including any virus, spyware, malware, worms, errors or damaging material contained therein).

Your payment for any of NSRCC’s Services (e.g. the booking of golf facilities, bungalows, sports and recreational facilities) from the Website is processed by third party payment system providers, and NSRCC does not retain or process such payment information. NSRCC does not guarantee the security of such third party payment system(s) or any payment data on the Website.

Without prejudice to the generality of the above, NSRCC shall not be responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties.

Limitation of Liability

In no event shall NSRCC, 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 Website and/or the Platforms in any way whatsoever. Any claim against NSRCC shall not exceed the total amount payable for one (1) year of membership subscription fees to be paid by you. 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.

Indemnity

You agree to indemnify and hold harmless NSRCC, 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 of Use and/or the Agreement, and/or resulting from any dispute between any users of the Website and/or the Platforms. NSRCC reserves the right to take over the exclusive defence of any claim for which NSRCC is entitled to indemnification under these terms and conditions herein. In such event, you shall provide NSRCC with such cooperation as is reasonably requested by NSRCC.

Termination

NSRCC reserves the right to terminate your use of the Website and/or 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 NSRCC or any third party, or for any other reason whatsoever with or without any prior notice to you.

You agree that NSRCC may modify or discontinue any of the Website and/or the Platforms, with or without any prior notice to you, and that NSRCC shall not be liable to you or any third party as a result of any such modification or discontinuation of the Platforms.

Waiver

Any failure by NSRCC 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 NSRCC’s rights in relation to that particular breach or any subsequent or similar breaches.

Severance

If a Court of any competent authority decides that any provision (or part thereof) of these Terms 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.

Contracts (Rights of Third Parties) Act

A person who is not a party to these 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 these Terms of Use and/or the Agreement.

Governing Law

These Terms 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 Website and/or 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.