Whizzard Asia Pte Ltd is an Asia-focused strategy and branding firm dedicated to serving change leaders and market makers shaping the future of business. We and our affiliates (“Whizzard” or “we”) provide content and services on our website, platforms and services (collectively referred to as “Site”) that post a link to this Terms of Service (“Terms”) describing the terms and conditions on which Whizzard offers access to our services. Before accessing and using the Site, please read these Terms carefully because they constitute a legal agreement between Whizzard and you. If you do not agree to be bound by these terms and conditions, do not use the Site.
For an explanation of Whizzard's practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.
Information on the Site may contain technical inaccuracies or typographical errors. Whizzard may, in its sole discretion, revise, amend, modify or delete portions of these Terms at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms. Your continued use of the Site constitutes your acceptance of any revisions, amendments, modifications or deletions to these Terms.
1. USE OF SITE CONTENT
Subject to these Terms, Whizzard hereby grants you a personal, revocable, non-exclusive, non-transferable, limited right to access and use the Services. You may access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), solely for your personal, non-commercial and lawful purposes provided that you maintain all copyright, trademark and other intellectual property notices therein. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Whizzard's prior written consent.
Further, Whizzard does not grant you permission, by implication, estoppel or otherwise, to state or suggest that Whizzard promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.
In addition, you may not “mirror” the Site Content or any portion thereof without Whizzard's express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Whizzard intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
2. RESPECTING COPYRIGHT
The copyright in all materials, features and functionality on the Site, including without limitation all text, photographs, graphics, video and audio content, compilation(s) (meaning the collection, arrangement and assembly) of all content, software, algorithms along with any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof, is the exclusive property of Whizzard or its licensors and is protected by Singapore and international intellectual property laws (including without limitation copyright and trade mark laws).
Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission. You shall not "mirror" or "frame" any Content or the Site itself, in whole or in part, without Whizzard's express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are reserved.
3. TRADEMARKS
The trademarks, service marks, trade names, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Whizzard and its licensors.
Other trademarks, service marks, logos and trade names may be owned by others. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Whizzard intellectual property displayed on the Site.
You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you shall not refer to or attribute any information to Whizzard or its licensors in any public medium (e.g., press release, websites, or public social media) for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party.
4. USER SUBMITTED CONTENT
You are solely responsible for all information that you post, submit, share or otherwise publish on the Site ("Submissions"). Whizzard and/or relevant subsidiaries acts as a passive conduit for your online distribution and publication of Your Information. You should ensure that Your Information is not false, fraudulent, inaccurate or misleading, and does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
You hereby also grant Whizzard the a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. This means that anything posted, submitted, shared or otherwise published by you to the Site shall be owned by Whizzard and may be used by Whizzard for any purpose, now or in the future, without any payment to, or further authorization by, you.
Whizzard does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, Whizzard does not and cannot review all information posted to the Site by users and is not responsible for such information. Whizzard expressly disclaims any and all liability related to Submissions, and you acknowledge and agree that any reliance upon such Submissions shall be at your sole option, liability and risk. Whizzard in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Site, in whole or in part, for any reason. You shall also not assume a false identity or the identity of some other member when using the Site or transmit libellous, harassing, vulgar or otherwise objectionable messages through the Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Site for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).
5. NOTICES OF INFRINGEMENT AND TAKEDOWN BY WHIZZARD
Whizzard shall have the right, but not the obligation, to monitor the content on the Site and/or Services, and shall have the right to remove or delete any material (including Your Information) that it, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. Whizzard shall have the right to remove any material (including Your Information) that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefor. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Whizzard.
6. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
The site, including all content therein, is provided "as is" and "as available," without any warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Whizzard does not represent or warrant the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose and that the Sites will be uninterrupted and free of any viruses or bugs and that you shall remain solely responsible for your use of all site content and acknowledge that any reliance upon the site content shall be entirely at your sole option and risk. Whizzard and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. Whizzard shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the site, or provided by third parties.
You agree that Whizzard is not liable for indirect, special, exemplary, incidental, consequential or punitive damages (including loss of use, data or profits or business interruption), however caused and under any theory of liability, whether arising in any way in connection with these Terms and whether in contract, strict liability or tort (including negligence or otherwise) even if Whizzard has been advised of the possibility of such damage. You also agree that Whizzard is not liable for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with your use of the services.
The disclaimers and limitations herein do not purport to limit liability or alter any right that cannot be excluded under applicable Singapore law. Whizzard's maximum liability for damages arising from your use of the services is limited to five hundred Singapore dollars (S$500). You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Whizzard would not grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
7. INDEMNIFICATION
You agree to defend and hold Whizzard, affiliates and related companies from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site and/or Services or any breach of this Agreement. In addition, Whizzard may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site and/or Services, including informing any third party Whizzard deems appropriate of such breach or use and/or disclosing your personal information to such third party.
8. HYPERLINKING TO THIRD-PARTY WEBSITES & PROVIDERS
The Services may contain links to third-party websites and services, including social media (collectively, “Linked Services”) and some of the content appearing to be on this Site is in fact supplied, supported, or provided indirectly by third parties.
Linked Services are not under the control of Whizzard and Whizzard is not responsible for Linked Services or for any information on or available from or through Linked Services. These links are provided solely as a convenience to you. When you access a non-Whizzard web site, please understand that it is independent from Whizzard, and that Whizzard has no control over the content on that web site, even if Whizzard provides information or services to the owner of that web site. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement of such third-party site or service. In fact, Whizzard disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
9. AGREEMENT AND TERMINATION
These Terms and Conditions constitute the entire agreement between you and Whizzard with respect to the subject matter of these Terms and Conditions and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of these Terms and Conditions shall be effective only if in writing and signed by Whizzard. Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of a future breach of that or any other provision of these Terms and Conditions.
Whizzard may terminate the Services or modify your access to the Services, with or without notice to you, at any time for any reason. For example, Whizzard may prohibit your use of the Services if we believe that you are a minor. Termination will not limit any of Whizzard's other rights or remedies. Sections 2, 3, 6, 7 and 10, together with any other provision that must survive in order to give proper effect to the intent and purpose of these Terms, shall survive termination.
10. GOVERNING LAW; JURISDICTION
All matters related to the Services are governed by the laws of the Republic of Singapore without reference to the principles of conflicts of laws thereof.
Any dispute arising out of the use of the Sites or any Services shall be referred to arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference into these terms and conditions.
Last updated: 05 May 2023
