Terms of Use
1. Who are we
1.1 We are Bengawan Solo Pte Ltd (Co. Reg 199102507H), a limited liability company registered in Singapore (the “Company”) and we own and operate this website at https://www.bengawansolo.sg (the “Website”).
1.2 In this Terms of Use, references to “we”, “us” or “our” refer to the Company, which owns and operates the Website.
2. Acceptance to Terms of Use and changes hereafter
1. Your use of the Website is subject to these Terms of Use. By using the Website, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Website. You can determine when we last changed these Terms of Use by referring to the “LAST UPDATED” statement above. Your use of the Website following changes to these Terms of Use will constitute your acceptance of those changes. If you do not agree to be bound by those changes, you should not use the Website any further after they are published.
3. Ensuring Availability of access to the Website
3.1 We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. In particular, the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website.
4. Responsibility of users concerning usage and access to the Website
4.1 You are responsible for all access to the Website using your internet connection.
4.2 Your permission to use the Website is personal to you and non-transferable, and you may not use the Website for commercial purposes. Your use of the Website is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
- 4.2.1 Use the Website for any fraudulent or unlawful purpose;
- 4.2.2 Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- 4.2.3 Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
- 4.2.4 Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
- 4.2.5 Transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse 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;
- 4.2.6 Frame or mirror any part of the Website without our express prior written consent;
- 4.2.7 Create a database by systematically downloading and storing Website content; and
- 4.2.8 Use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent.
- Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
5. Restrictions of Website access
5.1 We reserve the right to restrict your access to the Website or part of it. Access to restricted areas of the Website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
6. Registration, passwords and user obligations for Website membership
6.1 Certain areas of the Website are only open to you if you register with us. You are solely responsible for the confidentiality and use of and access to the Website using your user name and sign-on password.
6.2 Each registration is for a single user only. You may not share your user name and password with any other person. We do not permit access through a single name and password being made available to multiple users on a network. We may cancel or suspend your access to the Website if you do this without further obligation to you.
6.3 You agree to immediately notify us 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 us with accurate, complete registration information (including in particular your e-mail address) and inform us of any changes to such information.
6.4 For the purpose of confirming your compliance with these Terms of Use, we reserve the right to monitor and record activity on the Website.
7. Intellectual Property Rights and Protection
7.1 The contents and design of the Website and any material e-mailed to you or otherwise supplied to you in conjunction with the Website (such contents, design and materials being collectively referred to as the "Bengawan Solo Pte Ltd Content"), are copyright of the Company. You may not reproduce, duplicate, modify, copy, sell, resell or otherwise exploit for any commercial purposes, any trade marks (including but not limited to the "Bengawan Solo Pte Ltd" name and logo or other trade names appearing on the Website), any copyrighted content (including but not limited to the Bengawan Solo Content) and any other proprietary rights notice from the Website, for any reason without express prior written permission from the Company.
7.2 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 in this Paragraph 7.2, you may not reproduce, duplicate, copy, sell, resell, modify or in any way commercially exploit any of the Bengawan Solo Pte Ltd Content.
7.3The software, which operates the Website, is proprietary software and you may not use it except as expressly allowed under these Terms of Use. You may not copy, reverse engineer, modify, translate, decompile, disassemble or otherwise deal with the software or any portion of the Website.
8. Disclaimers of warranties and liability and indemnity
8.1 Whilst every effort has been made to ensure the high quality and accuracy of the Website, we make no warranty, express or implied, concerning the Bengawan Solo Pte Ltd Content, the Website, software or products or services available through the Website (the "Site Services"), which are provided "as is".
8.2 We expressly disclaim all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will we, our 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, loss of data, damage to property, claims by third parties or other pecuniary loss), arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if we and our affiliates have been advised of the possibility that such damages may arise. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this Paragraph 8.2 are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
8.3 We do 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.
8.4 Parts of the Website may contain advertising, links to other websites 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. We are not responsible for any third party content or error, omission or inaccuracy in any advertising material. These third party content are provided “as is” with no warranty, express or implied, for the information provided within them.
8.5 Upon our request, you agree to defend, indemnify and hold harmless us and our affiliates from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of any the abovementioned Site Services.
9. Force Majeure
9.1 We and our 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.
10. Assignment of Agreement
10.1 This agreement is personal to you and your rights and obligations under these Terms of Use may not be assigned, sub-licensed or otherwise transferred. Our rights and obligations under these Terms of Use may be assigned to a third party by us.
11. Non-Waiver
11.1 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.
12. Notices
12.1 Notices to us and our affiliates must be given in writing by letter to the following address:
- Bengawan Solo Pte Ltd
- 23 Woodlands Link
- Singapore 738730
13. Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.
14. Headings
14.1 Headings in these Terms of Use are for convenience only and have no legal meaning or effect.
15. Governing Law and Jurisdiction
15.1 These Terms of Use 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 of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of Singapore courts.
15.2 For the exclusive benefit of the Company and its affiliates, we and our 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 of Use are entered into in the course of your trade or profession, the country of your principal place of business.