Term of Use - Optima Werkz

TERMS AND CONDITIONS OF USE

1. Introduction

Optima Werkz Pte Ltd, Singapore company registration No. 201212455W (“OW”, “we”, “our”, “us”), makes available to you the information on this Website (“Site”), and Mobile App in accordance to the following Terms and Conditions of Use, and any other rules posted on our Site and Mobile App (collectively, the “Terms”).
By using our Site or mobile app, you are deemed to have accepted and agree to be bound by these Terms; If you do not agree to any of the Terms, please immediately leave and stop using our Site and/or Mobile App. Furthermore, we reserve the right, and at our sole discretion, to change, modify, add or remove portions of these Terms, at any time and without notice. Your continued use of the Site or Mobile App following the posting of any changes to these Terms constitutes your acceptance of those changes. Please check back periodically for changes and updates. All changes will be updated in their respective links on our Site and Mobile App and are effective immediately when we post them.
OW owns and operates both the Site and the Mobile App in Singapore. OW makes no representation that the contents of the Site or Mobile App are appropriate or available for use in your location outside of Singapore. If you choose to access the Site and Mobile App from such location, you do so on your own initiative and are responsible for any consequences and for compliance with all applicable laws.

2. Ability to accept the Terms

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to concede to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

3. Site and Mobile App Access

We will use reasonable efforts to ensure that the Site and Mobile App are available at all times. However, we cannot guarantee that the Site or Mobile App or any individual function or features within will always be available and/or error free. The Site and/or Mobile App may be unavailable during periods of technical failures, third-party activity (such as the transmission of viruses and other malicious acts) outside our control, or when we are implementing upgrades/carrying out essential maintenance.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site or Mobile App at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

4. User Obligations

Our permission to use the Site and Mobile App is personal to you and non-transferable, and you may not use the Site or Mobile App for commercial purposes. Your use of the Site or Mobile App is conditional on your compliance with the rules of conduct set forth in our Terms and you agree that you will not:
1. Use the Site or Mobile App in a commercial manner, including by distributing, transmitting or publishing the Site or Mobile App or any of its content;
2. Interfere with others’ use of the Site or Mobile App;
3. Use the Site or Mobile App to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
4. Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or Mobile App, or express or imply that we endorse any statement you make;
5. Use the account of another member at any time, whether with or without his/her permission;
6. Impair the Site or Mobile App’s operation or interfere with or disrupt the servers or networks connected to it;
7. Transmit or otherwise make available in connection with the Site or Mobile App any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
8. Interfere with OW’s intellectual property rights;
9. Create a database by systematically downloading and storing our content;
10. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Mobile App;
11. Frame or otherwise co-brand the Site or Mobile App or any of its content without our consent;
12. Use the Site or Mobile App for any fraudulent or unlawful purpose.

5. Intellectual Property Rights

The intellectual property rights in the Site and Mobile App, and all the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
The trademarks, logos and service marks (“Marks”) displayed on the Sites and Mobile App are the property of OW or other third parties, and all rights to the Marks are expressly reserved by OW or relevant third parties. You are not permitted to use any Marks without the prior written consent from us or such third party. OW and its related corporations will not hesitate to enforce their intellectual property rights of the law. The name of OW or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission from us.
The domain name on which our website and Mobile App is hosted on is the sole property of OW, and you may not use or otherwise adopt a similar name for your own use.

6. Copyright Infringement

If you believe that your copyright has been infringed, and such infringement is occurring on our Site or Mobile App, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”). All Infringement Notices shall be delivered to us by hand or via email at the following address:
Attention: Data Protection Officer
Email: dpo@ow.sg
159 Sin Ming Road, Amtech Building Lobby 2 #04-05 Singapore 575625
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 copyright infringement, unless you have first given us the Infringement Notice and sufficient opportunity to remove the infringing material, and only if 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 any applicable laws which you may have in respect of any infringing material appearing on our Sites prior to such removal by us.
You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of infringing material appearing on third-party sites linked on our Sites.

7. Third-Party Websites

Links on the Site or Mobile App to third-party websites are provided solely as a convenience to you. We have not reviewed all these third-party websites, and do not control nor are we responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other goods or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party website’s links on our Site or Mobile App, you do this entirely at your own risk.

8. Collection of Personal Data and User Content

You may be required to register with the Site or Mobile App. You agree to keep your password confidential and will be responsible for all use of your account and password.
By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Site or Mobile App, you hereby grant to us rights to collect, use and disclose as subjected to our privacy policy. You can view a copy of this policy on our website at https://www.ow.sg.
By using the Site or Mobile App, you consent to such processing and you warrant that all data provided by you is accurate.
You agree that OW is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or Mobile App or other products or services.

9. Reservation and transaction

All reservations and transactions made through the Site or Mobile App are subject to OW’s acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. Rental contracts between OW and website or Mobile App users are exclusively entered into at branch locations of OW and its affiliates and their respective franchisees and are not entered into through this Site and Mobile App.

10. Electronic Communications

By using the Site or Mobile App, you consent to receiving electronic communications and notices from OW. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

11. No Guarantee of Information

OW does not promise that the Site or Mobile App, or any content, service or feature will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site or Mobile App will provide specific results. The Site and Mobile App, with its content, are delivered on an “as-is” and “as-available” basis. All information provided on the Site or Mobile App are subjected to changes without notice. We cannot ensure that any files or other data you download from the Site or Mobile App will be free of viruses or contamination or destructive features.
We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Moreover, we disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site, Mobile App and/or any the company’s services. You assume total responsibility for your use of the Site or Mobile App, and any linked sites. Your sole remedy against us for dissatisfaction with the Site, Mobile App or any content is to stop using the Site, Mobile App or any such content. This limitation of relief is a part of the bargain between the parties.

12. Suspension and Termination

You agree that you will be personally responsible for your use of our Site or Mobile App, and for all your communication and activity on and pursuant to the Site and Mobile App. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms, we may deny you access on a temporary or permanent basis.
We reserve the right to suspend, terminate, change or discontinue any aspect of the Site or Mobile App, including the availability of any feature(s), at our sole and absolute discretion, at any time and without notice.
If we terminate your access to the Site or Mobile App, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site or Mobile App.

13. Indemnity

You agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses,
1. your use or misuse of the Website or Mobile App;
2. your breach of these Terms;
3. and/or your violation of any law or the rights of a third party, including the use by any other persons accessing the Site or Mobile App using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

14. Limitation of Liability

We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:
1. any access, use or the inability to access or use our Site or Mobile App, or reliance on the content and/or any information in them;
2. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
3. any use of or access to any other website linked to the Site or Mobile App, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks.
We are not obligated to monitor, control or endorse the content on the Site or Mobile App, and therefore specifically disclaims any liability arising from or in connection with your use of the Site or Mobile App. We also reserve the right to review materials posted, to edit, refuse to post, to remove any content, terminate your access at our sole discretion at any time, without notice, for any reason whatsoever. This exclusion clause shall take effect to the fullest extent permitted by Singapore law.

15. Relationship of Parties

Nothing in our Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between OW and you and neither party shall have any authority to bind the other in any way.

16. Waiver

Our failure to enforce at any time or for any period any one or more of the Terms and Conditions of Use shall not be a waiver of them or the rights attaching to any of them. These Terms and Conditions of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. If any of the provisions of these Terms and Conditions of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions of Use, so that these Terms and Conditions of Use shall remain in full force and effect.

17. Governing Law and Jurisdiction

The Terms and all matters relating to your access or use of our Site, Mobile App and our services shall be governed in all respects by the Laws of Singapore.

18. Contact Information

Should you have any further enquiries regarding our Terms, please feel free to contact us at:
Optima Werkz Pte Ltd
+65 6472 1313 (Weekdays: 9am – 6pm, Sat: 9am – 1pm)
Feedback@ow.sg
159 Sin Ming Road, Amtech Building Lobby 2 #04-05 Singapore 575625