Please read through this Disclaimer carefully. By accessing
bengawansolo.com.sg (“the Sites”) or by
otherwise accessing any content found on this web site, you are deemed
to have entered into an agreement with Bengawan Solo Pte Ltd and to have agreed to be bound by the terms set out below. The Site is owned and operated
by Bengawan Solo Pte Ltd.
• Intellectual Property Protection
• Use of Bengawan Solo Pte Ltd Content
• Changes to the Site
• Registration, Passwords and Responsibilities
• No Warranty, Disclaimer of Liability and Indemnity
• Force Majeure
• Governing Law and Jurisdiction
These terms were last updated on 02 August 2007.
Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you
or otherwise supplied to you in conjunction with the Site (such contents,
design and materials being collectively referred to as the "Bengawan Solo Content"), are copyright of Bengawan Solo Pte Ltd. You may not use or reproduce
or allow anyone to use or reproduce any trademarks (such as "Bengawan Solo Pte Ltd" name and logo or other trade names appearing on the
Site) for any reason without written permission from Bengawan Solo Pte Ltd. The software, which operates the Site, is proprietary software and you may not use
it except as expressly allowed under these Terms. You may not copy,
reverse engineer, modify or otherwise deal with the software.
Use of Bengawan Solo Pte Ltd Content
You may retrieve and display the Bengawan Solo Pte Ltd Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy
them) and store such pages in electronic form for your personal, non-commercial
use. Except as expressly set out above, you may not reproduce, modify
or in any way commercially exploit any of the Content.
Changes to the Site
Bengawan Solo Pte Ltd reserves the right, in its discretion, to suspend, change, modify,add or remove portions of the Bengawan Solo Pte Ltd Content available on the Site at any time and to restrict the use and accessibility of the Site.
Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You
are solely responsible for the confidentiality and use of and access
to the Bengawan Solo Pte Ltd Content and the Site using your user name and sign-on password. You agree to immediately notify Bengawan Solo Pte Ltd if you become aware of any loss or theft of any sign-on password or any unauthorised use of a sign-on password or user name. You will provide Bengawan Solo Pte Ltd with accurate, complete registration information (including in particular
your e-mail address) and inform Bengawan Solo Pte Ltd of any changes to such information. For the purpose of confirming your compliance with the terms of these
Terms, Bengawan Solo Pte Ltd reserves the right to monitor and record activity on the Site, including access to the Bengawan Solo Pte Ltd Content.
Each registration is for a single user only. You may not share your
user name and password with any other person. Bengawan Solo Pte Ltd does not permit access through a single name and password being made available to multiple
users on a network. Bengawan Solo Pte Ltd may cancel or suspend your access to the Site if you do this without further obligation to you.
The information that you provide about yourself and your company to
No Warranty, Disclaimer of Liability and
Whilst every effort has been made to ensure the high quality and accuracy
of the Site, Bengawan Solo Pte Ltd makes no warranty, express or implied, concerning the Bengawan Solo Pte Ltd Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Bengawan Solo Pte Ltd expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Bengawan Solo Pte Ltd, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business
profits, business interruption, loss of business information or other
pecuniary loss) arising directly or indirectly from the use of (or failure
to use) or reliance on the Site Services, even if Bengawan Solo Pte Ltd and its affiliates
has been advised of the possibility that such damages may arise. Bengawan Solo Pte Ltd does not guarantee the accuracy, content, or timeliness of the
Site Services or that they or related systems are free from viruses
or other contaminating or destructive properties.
Bengawan Solo Pte Ltd accepts no responsibility for the content on any site to which
a hypertext link from this site exists.
The links are provided "as is" with no warranty, express or
implied for the information provided within them.
Upon Bengawan Solo Pte Ltd's request, you agree to defend, indemnify and hold harmless
Bengawan Solo Pte Ltd and its affiliates from any claims and expenses, including reasonable
legal fees, related to any breach of these Terms by you or your use
of any Site Services.
Bengawan Solo Pte Ltd and its affiliates will not be liable or deemed to be in default
for any delay or failure in performance or interruption of the delivery
of the Bengawan Solo Pte Ltd Content resulting directly or indirectly from any cause
or circumstance beyond its or their reasonable control, including but
not limited to failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses, unauthorised
access, theft, operator errors, severe weather, earthquakes or natural
disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms. Bengawan Solo Pte Ltd may, in its discretion, change these
Terms (including those relating to your use of Site and/or the Bengawan Solo Pte Ltd Content). When Terms are changed, Bengawan Solo Pte Ltd will notify you by email
or by publishing details of those changes by including them in these
Terms. If you use the Site after Bengawan Solo Pte Ltd has published or notified
you of the changes, you are agreeing now to be bound by those changes.
If you do not agree to be bound by those changes, you should not use
the Site any further after they are published. Access to certain areas
of the Bengawan Solo Pte Ltd Content may be subject to additional terms and conditions.
While we try to ensure accuracy, we reserve the right to correct any errors in pricing or descriptions, and to cancel or refuse to accept any order based on an incorrect price or description. Such corrections may be made even after an order is accepted.
Advertising, Third Party Content and other Web Sites. Parts of the Site
may contain advertising or other third party content. Advertisers and
other content providers are responsible for ensuring that material submitted
for inclusion on the Site complies with international and national law.
Bengawan Solo Pte Ltd is not responsible for any third party content or error,
omission or inaccuracy in any advertising material. The Site may contain
links to other web sites. Bengawan Solo Pte Ltd is not responsible for the availability
of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your
rights and obligations under these Terms may not be assigned, sub-licensed
or otherwise transferred. This agreement may be assigned to a third
party by Bengawan Solo Pte Ltd and its affiliates.
Non-Waiver. No delay or omission
on the part of either party in requiring performance by the other party
of its obligations will operate as a waiver of any right.
Notices. Notices to Bengawan Solo Pte Ltd and its affiliates must be given in writing
Severability/Survival/Statute of Limitations. If any provision of these
Terms is invalid or unenforceable, such will not render all the Terms
unenforceable or invalid but rather the Terms will be read and construed
as if the invalid or unenforceable provision(s) are not contained therein.
Any cause of action of yours with respect to these Terms must be filed
in a court of competent jurisdiction in Singapore, within one year after
the cause of action has arisen, or such cause will be barred, invalid,
Whole Agreement. Save as expressly
referred to herein, any representation, warranty, term or condition
not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms
are for convenience only and have no legal meaning or effect.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the
Laws of the Republic of Singapore. The parties irrevocably agree that
the courts of Singapore shall (subject to the paragraph below) have
exclusive jurisdiction to settle any dispute which may arise out of,
under, or in connection with these Terms or the legal relationship established
by them, and for those purposes irrevocably submit all disputes to the
jurisdiction of Singapore courts. For the exclusive benefit of Bengawan Solo Pte Ltd
and its affiliates, Bengawan Solo Pte Ltd and its affiliates shall retain the right
to bring proceedings as to the substance of the matter in the courts
of the country of your residence or, where these Terms are entered into
in the course of your trade or profession, the country of your principal
place of business.
All rights reserved, ©Bengawan Solo Pte Ltd