By accessing and/or using these web pages of Start First Pte. Ltd. referred to as “Start First”, at the URL/domain name www.startfirst.sg (the “Site”), you, as a user of the Site, hereby accept and agree to abide by the “START FIRST Terms and Conditions of Use”.
If you do not agree with any of the above, please discontinue your use of the Site.
START FIRST Terms and Conditions of Use
1. By accessing the Site, you agree to comply with and observe all applicable laws, regulations and directives including without limitation the laws of the Republic of Singapore in connection with your access to, and use of, the Site.
2. You shall also be solely responsible for the set-up, configuration or compatibility of your hardware, equipment and software for access to the Site and you shall provide at your own expense all facilities or resources necessary for such proper access. Without prejudice to the foregoing, you shall not create any circumstances whereby other users are affected in their access to, and use of, the Site.
3. You agree not to use the Site to send, post, promote or transmit on any place on the Site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, hateful, vulgar, obscene, profane, threatening, racially or ethnically offensive or otherwise as determined by Start First in its sole discretion to be objectionable. In this regard, please note that any material that (a) depicts nudity or genitalia in a manner calculated to titillate; (b) promotes sexual violence or sexual activity involving coercion or non-consent of any kind; (c) depicts a person or persons clearly engaged in explicit sexual activity; (d) depicts a person who is, or appears to be, under 16 years of age in sexual activity, in a sexually provocative manner or in any other offensive manner; (e) advocates homosexuality or lesbianism, or depicts or promotes incest, paedophilia, bestiality and necrophilia; (f) depicts detailed or relished acts of extreme violence or cruelty; or (g) glorifies, incites or endorses ethnic, racial or religious hatred, strife or intolerance is prohibited. Start First reserves the right to delete any such material from the Site.
4. Without limiting the generality of the foregoing, you are prohibited from any of the following actions while using the Site: (a) posting any unlawful, libelous, threatening, abusive, disruptive, or obscene material or message in violation of the rights of any person or which constitute a criminal offense, or otherwise violate any local, state, national, or international law; (b) uploading or reproducing any information protected by any intellectual property right without obtaining permission of the relevant intellectual property right owner. Only public domain files, and files which the relevant intellectual property right owner has given you express consent to copy and redistribute online or otherwise, may be uploaded to the Site, including any software files or libraries; (c) uploading files containing computer viruses or other disruptive programs; (d) engaging in abusive behaviour while in chat rooms. Such abusive behaviour includes but is not limited to obscene, racist, and other offensive language, harassment of other members, or purposefully disrupting the Site through means such as scrolling and impersonating another member; (e) acquiring or attempting to acquire passwords, financial or personal information from members; (f) using an obscene or offensive handle or name; (g) engaging in actions designed to disrupt a chat or otherwise reduce other members’ enjoyment of the Site; or (h) violating any terms, rules or policies which are posted or otherwise made available or communicated to you in any manner.
5. You are also prohibited from using the Site for (a) the furtherance of games and lotteries unless licensed under applicable laws; (b) horse racing analysis, commentaries or tips for the purposes of gambling; (c) advertising or promoting astrology, geomancy, palmistry or fortune telling devices; (d) prostitution or other immoral activities; (e) professional advice or specialist consultancy services where such services are offered by persons with qualifications recognised by the relevant professional bodies in the relevant jurisdiction; or (f) broadcasting films, video or sound recordings unless approved by the relevant authorities or government bodies. You shall also not use the Site to propagate, promote or discuss political or religious issues which may incite political or racial disharmony.
6. You should also not use the Site to publish advertisements that: (a) contain any express or implied inducement, suggestion or request to purchase or to smoke any tobacco product; (b) relates to smoking in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of any tobacco product for the purpose of smoking; or (c) which mentions, illustrates or depicts – (i) the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product; (ii) a brand name of or trade mark relating to any tobacco product; or (iii) any pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product.
7. All contents of the Site including, but not limited to the text, graphics, links and sounds are the copyright of Start First or its licensors. Although Start First authorises you to view and access the contents of the Site solely for your personal and non-commercial use, you may not otherwise copy, download, distribute, display, perform, adapt, modify, publish, create derivative works from, decompile, reverse engineer or otherwise deal with in any way all or any of the contents of the Site without the prior written consent of Start First.
8. Where expressly provided for by Start First on the Site, some contents on this Site are available for download by you (the “Downloadable Content”). Start First hereby grants you a non-exclusive, limited, non-transferable, royalty-free right to download the Downloadable Content for your personal and non-commercial use only. You shall not sub-license, distribute, adapt, modify, create derivative works from, decompile, reverse engineer the Downloadable Content without the prior written consent of Start First.
9. All marks, names and logos (whether registered or unregistered), including but not limited to those used on the Site (unless otherwise stated) are trade marks, service marks and intellectual property rights held by Start First and/or companies within the Start First group. Other product, trade and/ or company names mentioned in this site may be the trademark of their respective owners. No permission or licence is granted to use any such trade mark, service mark or intellectual property right without the prior written consent of Start First, companies within the Start First group or its legal representatives (as the case may be)
10. For the purposes of these Start First Terms and Conditions of Use, “Products” shall mean any and all goods and services advertised and/or promoted by Start First or any third party on the Site, in accordance with these terms and conditions.
11. Features and specifications of Products advertised, provided and/or made available on the Site are subject to change at any time without notice. Without limiting the generality of the foregoing, Start First draws your attention to the following: (a) weights, measures, colours and sizes provided are only approximates; (b) all monitor screen measurements are taken diagonally; and (c) all monitor screen images provided are simulated pictures unless otherwise indicated.
12. While Products advertised, provided and/or made available on the Site are generally available for purchase in Singapore, nothing on the Site shall imply, represent or warrant that such Products are or will be available at the various local Start First authorised representatives in Singapore. You should therefore check with your local Start First authorised representative for specific product availability in your locality.
13. Where applicable, only orders for Products on the Site that are accepted by Start First shall constitute a legal, valid and binding contract between yourself and Start First.
14. The processing of the orders for the Products, their delivery and provision shall be subject to a separate set of terms and conditions from these Start First Terms and Conditions of Use. Similarly, any warranties or repair or refund policies (if any) on the Products are also addressed separately.
15. The possession, distribution, circulation, importation or other dealing with such Products that are available on the Site may be subjected to the laws and regulations of some countries and jurisdictions. It is your responsibility to ensure that any such dealings with such Products is in compliance with all applicable laws and regulations of the relevant countries and jurisdictions, including such licensing, intellectual property, taxation, revenue, customs, import and export control laws of such relevant countries and jurisdictions, and to observe all such laws and regulations.
16. START FIRST MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR WARRANTY, TERM OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY THAT THE PRODUCTS ADVERTISED, PROVIDED AND/OR MADE AVAILABLE ON THE SITE INCLUDING THE DOWNLOADABLE CONTENT ARE OF GOOD TITLE, CORRESPOND WITH DESCRIPTION, MERCHANTABLE, OF SATISFACTORY FITNESS OR QUALITY FOR ANY GENERAL OR PARTICULAR PURPOSE. NOR IS START FIRST UNDER ANY OBLIGATION TO PROVIDE ANY WALK-IN, HOUSE CALL, BACKUP OR TECHNICAL SUPPORT OR ANY OTHER POST-SALE SERVICE. ALL PRODUCTS MADE AVAILABLE TO YOU SHALL BE THE SUBJECT MATTER OF A SEPARATE CONTRACT BETWEEN YOURSELF AND START FIRST. FURTHER, START FIRST SHALL NOT IN ANY WAY BE RESPONSIBLE FOR THE NON-RECEIPT OF ANY ORDER YOU MAKE, OR ANY DELAY IN THE DELIVERY OF ANY PRODUCT YOU MAY ORDER.
17. START FIRST MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR WARRANTY, TERM OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SITE AND ITS OPERATION, OR THE MATERIALS AND INFORMATION CONTAINED OR REFERRED TO ON EACH PAGE HEREIN INCLUDING THE DOWNLOADABLE CONTENT. THE SITE AND ITS AVAILABLE MATERIALS AND INFORMATION INCLUDING THE DOWNLOADABLE CONTENT ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE” BASIS. START FIRST MAKES NO GUARANTEE, ENDORSEMENT, REPRESENTATION OR WARRANTY, TERM OR CONDITION IN RESPECT OF ANY ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OF ANY SOFTWARE, COMMUNICATIONS, TRANSMISSIONS, INFORMATION, DATA, PRODUCT OR SERVICE PROVIDED PURSUANT TO THE SITE.
18. OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FOR FRAUD, ANY WARRANTY, TERM OR CONDITION WHICH MAY BE IMPLIED OR INCORPORATED WITHIN THESE START FIRST TERMS AND CONDITIONS OF USE BY REASON OF STATUTE OR COMMON LAW OR OTHERWISE (INCLUDING WARRANTIES AS TO DESCRIPTION, MERCHANTABILITY, SUITABILITY, SATISFACTORY QUALITY AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE) IS HEREBY EXPRESSLY EXCLUDED.
19. START FIRST ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR USE OF THE SITE, HOWSOEVER ARISING, AND INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO, ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY IN, OF OR ON THE PART OF (AS IS APPLICABLE) THE SITE OR ITS CONTENTS, THE DOWNLOADABLE CONTENT OR DUE TO ANY UNAVAILABILITY OF THE SITE OR ANY PART THEREOF OR ANY CONTENTS OR ASSOCIATED PRODUCTS OR SERVICES.
20. WITHOUT PREJUDICE TO THE OTHER PROVISIONS OF THESE MY START FIRST TERMS AND CONDITIONS OF USE AND TO ANY OTHER RIGHTS AND REMEDIES WHICH START FIRST MAY POSSESS, YOU HEREBY AGREE TO INDEMNIFY AND HOLD START FIRST HARMLESS AT ALL TIMES AGAINST ALL ACTIONS, PROCEEDINGS, COSTS, CLAIMS, EXPENSES (INCLUDING ALL LEGAL COSTS ON A FULL INDEMNITY BASIS), DEMANDS, LIABILITIES, LOSSES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) AND DAMAGES (WHETHER IN TORT, CONTRACT OR OTHERWISE) WHATSOEVER AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION CLAIMS MADE BY THIRD PARTIES AND CLAIMS FOR DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, DEATH, BODILY INJURY, WRONGFUL USE OF COMPUTERS, UNAUTHORISED OR ILLEGAL ACCESS TO COMPUTERS (INCLUDING BUT NOT LIMITED TO HACKING), PROPERTY DAMAGE OR PECUNIARY LOSSES WHICH START FIRST MAY SUSTAIN, INCUR, SUFFER OR PAY ARISING OUT OF, IN CONNECTION WITH OR PURSUANT TO YOUR ACCESS TO AND/OR YOUR USE OF THE SITE, WHETHER OR NOT SUCH ACCESS OR USE WAS AUTHORISED OR WHETHER IT WAS DUE TO ANY ACT OR OMISSION ON YOUR PART. FOR THE PURPOSES OF THIS CLAUSE, ANY REFERENCE TO THE USE OF THE SITE SHALL INCLUDE BUT IS NOT LIMITED TO THE DOWNLOADABLE CONTENT OR THE PURCHASE OF ANY PRODUCT BY YOU.
21. START FIRST SHALL NOT HAVE ANY LIABILITY FOR ANY DELAY OR DEFAULT IN ITS OPERATION OF THE SITE CAUSED BY CIRCUMSTANCES BEYOND ITS CONTROL INCLUDING BUT NOT RESTRICTED TO ACTS OF GOD, ACTS OF THE PUBLIC, ENEMY, DECREES OR RESTRAINTS BY GOVERNMENTAL AUTHORITIES, TELECOMMUNICATIONS, COMPUTER OR UTILITIES FAILURE, STRIKES, WAR, RIOTS, INSURRECTIONS, CIVIL COMMOTION AND OTHER CAUSES OF SUCH NATURE. IN ANY OF THE EVENTS MENTIONED ABOVE, START FIRST SHALL FOR THE DURATION OF SUCH EVENT, BE RELIEVED OF ANY SUCH OBLIGATION UNDER THESE START FIRST TERMS AND CONDITIONS OF USE AS IS AFFECTED BY THE SAID EVENT. PROVIDED THAT THE PROVISIONS OF THESE START FIRST TERMS AND CONDITIONS OF USE SHALL REMAIN IN FORCE WITH REGARD TO ALL OTHER OBLIGATIONS WHICH ARE NOT AFFECTED BY SUCH EVENT. AND PROVIDED FURTHER THAT THE PARTIES SHALL RESUME THEIR FULL OBLIGATIONS UNDER THIS AGREEMENT UPON THE CESSATION OF SUCH EVENT.
22. YOU ACKNOWLEDGE THAT CIRCUMSTANCES COULD ARISE IN WHICH THE REMEDIES AND LIMITATIONS ON LIABILITY SET FORTH IN THESE MEMBERSHIP RULES MAY APPEAR INSUFFICIENT TO YOU. IN THE LIGHT OF THE OVERALL AGREEMENT REACHED HEREUNDER, START FIRST AND YOU HAVE AGREED THAT THE LIMITED REMEDIES AND LIABILITIES SET OUT HEREIN ARE PART OF A REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN START FIRST AND YOU, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION INCLUDING THE VALUE OF THE CONSIDERATION PROVIDED BY YOU AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS.
23. Please note that any software downloaded from the Site (including the Downloadable Content) is at your own risk and Start First neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), howsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of the Site.
24. Start First does not guarantee that any e-mails sent from the Site will be received by you or received by Start First if sent by you nor does Start First warrant the privacy and/or security of e-mails during Internet transmission.
25. Start First controls and maintains the Site from the Republic of Singapore and Start First makes no representation that the material and information contained herein is appropriate or available for use in other locations/jurisdictions.
26. Unless restricted by applicable law, you agree that any and all personal information/data relating to you collected by Start First from the Site from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with the START FIRST Privacy Statement.
27. In respect of any information or materials which you submit to Start First using the Site, you agree that such information or materials are non-proprietary and non-confidential and grant to Start First, companies within the Start First group and its affiliates, a word-wide perpetual licence without charge to use such information or materials for any purpose it deems necessary, including without limitation, the copying, transmission, distribution, broadcast and publication thereof, unless restricted by applicable law. In addition, you hereby grant to Start First, companies within the Start First group and its affiliates, a word-wide perpetual right to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any information or materials submitted to Start First for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products using such information or materials. Start First shall also be entitled to make use of, to publish and to make available, in any way, any demographical and statistical data it collates from your usage of the Site.
28. You agree that Start First shall not be under any obligation of confidentiality to you regarding any such information or materials submitted to it using the Site unless agreed otherwise in a separate direct contract between you and Start First or as required by law.
29. The Site may contain links to other web sites (the “Linked Sites”). The Linked Sites are not under the control of Start First and Start First is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Start First is not responsible for web casting or any other form of transmission received from any Linked Site. Start First is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Start First of the web site or any association with its operators. You are responsible for viewing and abiding by the terms and conditions, privacy statements and other legal notices posted at the Linked Sites.
30. START FIRST ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING CONSEQUENTIAL LOSS) FROM THE ACCURACY OR OTHERWISE OF MATERIALS OR INFORMATION CONTAINED ON THE PAGES OF SUCH LINKED SITES OR LOSS ARISING DIRECTLY OR INDIRECTLY FROM DEFECTS WITH SUCH LINKED SITES.
31. By accessing and/or performing transactions on the Site, you are deemed to be a “user” of the Site. These START FIRST Terms and Conditions of Use are applicable to the Site, but not necessarily to other Start First web sites on the World Wide Web. When leaving the Site, please read any terms and/or guidelines of use applicable to such web sites to ensure you agree with the terms and/or guidelines of use applicable to that web site. 32. Start First may terminate or suspend your access to and use of the Site at any time, without liability and for whatsoever reason or cause, without notice.
32. Start First reserves the right in its discretion to modify without prior warning or notice these START FIRST Terms and Conditions of Use and any information or material contained on the Site, including, without prejudice to the generality of the above, revisions, amendments, alteration of prices, withdrawals and discontinuations of any Product at any time and at the sole discretion of Start First or the participating merchants. You agree that your continued use of the Site after such modification shall constitute an affirmative acknowledgement by you of the modifications and agreement by you to abide and be bound by such modifications. As such, Start First recommends and advises you to visit this web page to review the prevailing START FIRST Terms and Conditions of Use on the Site.
33. In case of any conflict or inconsistency between these START FIRST Terms and Conditions of Use and any other terms or legal notices posted on the Site or otherwise applicable between the parties in relation to the Site, the documents shall prevail in the following order: (a) START FIRST Privacy Statement; (b) START FIRST Terms and Conditions of Use.
34. These START FIRST Terms and Conditions of Use are governed by the laws of the Republic of Singapore and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
35. Save for in relation to clause 27, parties agree that the application of the Contracts (Rights of Third Parties) Act 2001 is hereby excluded.
