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Website Terms & Conditions

Website Terms & Conditions

Welcome to Peter Knipp Holdings Pte Ltd. Please read the following Terms & Conditions carefully (including our Privacy Policy) (collectively "Website T&Cs") before using this Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to Peter Knipp Holdings Pte Ltd and/or its related entities, affiliates and subsidiaries (individually and collectively, "PKH"). These Terms & Conditions constitute a binding legal agreement (or where Clause 1) between You, an individual User (“You” or “Your”) and the applicable Peter Knipp Holdings Pte. Ltd. (UEN 199604103W), with office at 8 Jalan Kilang Barat, #01-05, Central Link, Singapore 159351 (“PKH”).


By your access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website T&Cs. If you DO NOT accept these Website T&Cs, please leave the Site and discontinue use of the Services IMMEDIATELY. 

 

PKH may revise these Website T&Cs for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of Website T&Cs. Should you DO NOT accept these Website T&Cs, please leave the Site and discontinue use of the Services IMMEDIATELY.

 

1.       Definitions and Interpretations

1.1.In these Website T&Cs, the Privacy Policy and the Member T&Cs, the following terms have the following meanings:

-          Account means the registered account of a Member opened under this Site.

-          Agreement means the acknowledgement and understanding of these Website T&Cs and the Privacy Policy, and in the case of a Member, by these Website T&Cs, the Privacy Policy and the Member T&Cs.

-          Computer means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services. 

-          Content means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.

-          Linked Sites is defined in Clause 7.1.

-          Member means user of a registered account opened under this Site.

-          Member T&Cs means the terms and conditions applicable to Members accessible here.

-          Partners means all advertisers and participating company/brands/individuals linked to PKH events. 

-          PKH Content means all Content of PKH that is made available on or via this Site.

-          Products is defined in Clause 3.

-          Servers means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.

-          Services is defined in Clause 3.

-          Site means websites that are owned and maintained by PKH.

-          Third Party Products means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.

-          Third Party User Content means all User Content which is not created, transmitted, posted or uploaded by you.

-          User Content means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.

 

1.2.The words “include” and “including” shall not be construed as having any limiting effect.

 

2.       Agreement

2.1.You hereby represent and warrant that:

-          You have read and agreed to these Website T&Cs;

-          you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website T&Cs and you are either in your own personal capacity or acting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website T&Cs and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Website T&Cs;

-          you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website T&Cs; and

-          all of the information provided by you to PKH (including without limitation personal particulars and contact information) is accurate and complete.

 

2.2.PKH reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. PKH may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

 

2.3.PKH may revise these Website T&Cs for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of Website T&Cs. Should you DO NOT accept these Website T&Cs, please leave the Site and discontinue use of the Services IMMEDIATELY.

 

3.       Products and Services

3.1.PKH may offer one or more of the following products and services on or through the Site:

-          Subscription to Digital & Physical Bi-Monthly Magazine, Cuisine & Wine Asia;

-          photography services by Edward Studio Services;

-          event ticketing and Reservation linked to PKH events;

-          event and kitchen consultancy enquired through the site;

-          access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and other types of works regarding both PKH content and Third Party User Content;

-          an advertising and branding platform for partners;

-          email confirmation and alerts; and

-          PKH reserves the right to withdraw or amend the products or/and services in its sole discretion and without prior notice. PKH will not be liable if, for any reason, all or any part of the products or/and services are unavailable at any time or for any period.

 

3.2.You are free to use the services without providing us with information that may identify you specifically. You can also elect to register on our site to take advantage of our offers or promotions. You acknowledge and agree that to access and use certain Services, you may be required to register as a Member and additionally shall be bound to strictly comply with the Member T&Cs in addition to these Website T&Cs.

 

3.3.From time to time PKH will run competitions, promotions and surveys at the Site. These are subjected to additional terms and conditions that will be made available at the time they are run.

 

4.       Explanation of Content, Users Obligations, Intellectual Property Rights

4.1.PKH grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to access and use the services only for your personal use and not for any commercial purpose. PKH reserves all rights not expressly granted.

 

4.2.All PKH content is the copyrighted work of PKH or its content or software providers, and PKH reserves and retains all rights in the PKH Content.  Use of some PKH Content may be governed by the terms of an accompanying end user license agreement. 

 

4.3.You must not reproduce, save, distribute, modify, adapt, translate, create derivative works of, publicly display, publicly perform, broadcast, podcast, webcast, sell, trade, republish or exploit for any commercial or other purposes, any portion of, or any access to:

-          Any services;

-          the site;

-          any Third Party User Content except, to the extent permitted, with the prior written consent of PKH and the owner or licensee of the specific User Content; or

-          any PKH Content except, to the extent permitted, with the prior written consent of PKH or unless expressly permitted in these Website T&Cs.

 

4.4. When using the Services, it is prohibited to:

-          Use of robots, spiders, scrapers or any other automated means of access to the website for any purpose;

-          take measures that would put unreasonable or disproportionate pressure on PKH’s technical infrastructure;

-          implement operations to monitor or copy the content of the services;

-          employ devices, software or programming that impairs or attempts to impair the functioning of the services;

-          advertise within the services, for your own or for a third party’s benefit, without prior express written permission from PKH– including, without being limited hereto, advertising competitions or discounts, and inviting persons to take part in competitions;

-          impersonate any third person within the services, e.g. a PKH representative or a person responsible for the Service in some way, or implying a relationship to some such person that does not exist;

-          provide incorrect or false information to PKH or third parties, including fake e-mail addresses;

-          use any Service or PKH Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;

-          harass, insult, threaten, defame, cause unreasonable inconvenience in any way to, or claiming or spreading untrue claims regarding anyone including individuals, legal entities or companies; and

-          collect, save or distribute personal information and data about other users, if permission has not been expressly given by the affected parties and PKH.

 

4.5.You must not decompile, reverse engineer or otherwise attempt to discover the source code of any PKH Content available on the site or through services except under the specific circumstances expressly permitted by law or PKH in writing.

 

4.6.You hold harmless PKH (including their employees, staff, representatives, shareholders and other vicarious agents) from any third party’s claims and shall compensate PKH or any other named persons for damages or necessary expenses arising from claims caused by the user’s breach of their contractual warranties or duties. This also includes reasonable lawyer and court fees.

 

4.7.The copyright, patents, trademarks, registered designs and all intellectual property rights in the services, the site, and all PKH Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with PKH.

 

4.8.The trademarks, logos and service marks ("Marks") displayed on this site are the property of PKH or other third parties, and all rights to the Marks are expressly reserved by PKH or relevant third parties. You may not use such Marks without the prior written permission of or such third party. PKH and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of PKH or any other Marks must not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of PKH. 

 

4.9.The domain name on which the Site is hosted on is the sole property of PKH and you may not use or otherwise adopt a similar name for your own use.

 

If you have any questions or concerns about these Website T&Cs or any issues raised in these Website T&Cs or on the Site, please contact us at: althea@pkh.com.sg

 

5.       Disclaimer of Warranties

5.1.Your use of the service is at your own risk.

While we make every effort to ensure that all PKH Content displayed on the Site is accurate and complete, we provide the PKH Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied, statutory or otherwise, including but not limited to any warranties of satisfactory quality, merchantability or fitness for particular purpose, compliance with description, or the warranty of non-infringement.

 

5.2.Any purchases or reservations made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. PKH will make best endeavours to ensure that Products and reservation availability reflected on this is site is always accurate and up-to-date, but does not make guarantees on Third Party Products ability to honour such arrangements or reservations and expressly disclaims all liabilities or damages arising from the Third Party Products inability to do so.

 

5.3.You acknowledge and agree that PKH is not an agent, reseller or distributor of, and have no control over Third Party Products, and PKH hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.

 

6.       Limitation of Liabilities

6.1.Without limiting the foregoing, PKH does not warrant that the functions contained in or access to the Site, Services, PKH Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, PKH Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any PKH Content in or with any Computer will not affect the functionality or performance of the Computer. You (and not PKH) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. PKH does not warrant or make any representations regarding the use or the results of the use of the PKH Content, the Products, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You agree not to hold PKH liable for the loss of any of your User Content that is due to any circumstances beyond the control of PKH.

 

6.2.You hereby agree and understand that:

-          PKH shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, Products and/or Services without assigning any reason; and

-          access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and in any such event, PKH shall not be liable for any loss, liability or damage which may be incurred as a result.

 

6.3.In no event shall PKH be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the PKH Content, User Content, Products, Services, Third Party Products, any Computers, the Site, or any other website.  In the event that PKH is liable for damages despite the foregoing provision, you agree that PKH’s aggregate liability to you for any and all causes of action in relation to the PKH Content, Products, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Products and Services to PKH for the one (1) month period immediately preceding the time such liability arose.

 

6.4.Under no circumstances, including, but not limited to, negligence, shall PKH be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the PKH Content, Products, Services, Site, or any other website, even if PKH or a PKH authorised representative has been advised of, or should have foreseen, the possibility of such damages. 

 

7.       Linked Sites

7.1.PKH may provide links to other sites ("Linked Sites") that may be of relevance and interest to users.  PKH has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.

 

8.       Account Registration, Data Use & Privacy

8.1.You are free to use the services without providing us with information that may identify you specifically. You can also elect to register on our site to take advantage of our offers or promotions. You acknowledge and agree that to access and use certain Services, you may be required to register as a Member and additionally shall be bound to strictly comply with the Member T&Cs in addition to these Website T&Cs.

 

8.2.You should not submit any personal information or data without first reading and agreeing to our Privacy Policy, which explains our data use and privacy practices in detail. Should you not agree with our Privacy Policy, you may still use the Services anonymously and shall strictly comply with these Website T&Cs.

 

9.       Termination

9.1.The Service is provided free of charge to you. PKH reserves the right to suspend or terminate the operation of, or access to, all or any part of the Site or Service at any time in its sole discretion. In addition, PKH reserve the right to suspend or terminate your individual access and use to all or any part of the Site or Service at any time in our sole discretion.

 

10.   Copyright Infringement & Notification of Infringement

10.1.All content can be published by you (including text, comments, files, images, photos, videos, work, etc), possibly subject to property rights, intellectual property rights, image rights or other private law remain the property of you, subject to limited rights granted by the license set forth below in PKH or application, in each case, other special conditions previously accepted for specific services potentially available on sites PKH. You are free to publish or not publish such Content on the Site including via the service "photo sharing" and accept that these contents become public and freely accessible on the Internet in particular. You accept that this Content can be used by the PKH into some commercial communications. 

 

10.2.You acknowledge, agree and guarantee to have all necessary rights and authorizations for such publication on the Site, including under the legislation in force and the right to respect for private life, property, property intellectual, like, contracts or any other kind. By such a publication on the Site, you are aware of potential liability as a publisher of content within the meaning of the law, and agree on said Content, for the duration of publication, PKH, a non-licensed exclusive, free, worldwide, including the rights of reproduction, representation, loading, displaying, running, transmission, storage, and sublicense, including its subsidiaries, technical and other partners Users site. You also allow your name to be associated with the content and accept that this association is not always done.

 

10.3.Your publication, you can authorize a content automatically become available on the internet, including on other websites and / or blogs and / or web pages including PKH pages including social networking site of PKH can share some content.

 

10.4.PKH reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of PKH Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify PKH in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).

 

10.5.All Infringement Notices shall be sent to PKH addressed as follows:
The Management
Address       : 8 Jalan Kilang Barat, #01-05, Central Link, Singapore 159351
Email             :
 althea@pkh.com.sg

 

10.6.PKH will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take or exercise any legal action, in any right of actions, that you may have against PKH in respect of any Infringing Material, unless you have first given PKH the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter when PKH refuses or fails to remove the Infringing Material within a reasonable time. Where PKH removes the Infringing Material in response to your Infringement Notice, you agree not to exercise any legal action and you hereby waive, any right of actions against PKH under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by PKH.

 

10.7.You acknowledge and agree that PKH has no control and will not undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

 

11.   Dispute Resolution

11.1.Informal Dispute Resolution - PKH wants to address your concerns without needing a formal legal proceeding. Before filing a claim against PKH, you agree to try to informally resolve the dispute by contacting us as indicated in the How to contact us section. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, you or PKH may bring a formal legal proceeding.

 

11.2.Use of Arbitration - You agree that any dispute between you and PKH arising out of or relating to the Service, or any other Products or Services obtained through the Service will be governed by the arbitration procedure below. Disputes will be arbitrated by a mutually agreeable neutral arbitrator. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received the dispute will be arbitrated by SIAC arbitration services. The arbitrator will use the applicable SIAC arbitration rules unless a different set of rules are agreed upon. The SIAC rules are available at www.siac.org.sg or by calling +65 6713 9777.

 

12.    Jurisdictional Issues

12.1.This Site is owned and operated by PKH in Singapore. PKH makes no representation that the Contents of the Site are appropriate or available for use in your location.  Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

13.   Governing Law & Jurisdiction

13.1.These Website T&Cs and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

 

13.2.You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

 

14.   Indemnification

14.1.You agree to indemnify and hold PKH, and its subsidiaries, affiliates, officers and directors, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses, expenses, due to or arising out of:

-          Any use of the Site, any Products or any Services;

-          your connection to the Site;

-          your breach of any terms and conditions of these Website T&Cs;

-          your violation of any rights of another person or entity; or

-          your breach of any statutory requirement, duty or law.

 

15.   Waiver and Severability

15.1.PKH’s failure to enforce any right or provision of these Website T&Cs will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PKH.

 

15.2.If any provision of these Website T&Cs is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.

 

16.   Rights of Third Parties

16.1.Except as provided for in Clause 14, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. 

 

17.   Force Majeure

17.1.Under no circumstances will PKH be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, hardware failures, software failures, electrical power failures, telecommunication equipment failures, other equipment failures, strikes, labour disputes, riots, insurrections, civil disturbances, war, labour or materials shortages, fires, floods, earthquakes, explosions, acts of God, governmental actions, and orders of domestic or foreign courts or tribunals.

 

(Last updated on 21st January 2019)

 

 

Privacy Policy

This Privacy Policy describes the principles and practices that apply to the collection and use of personal information (defined below) that Peter Knipp Holdings Pte Ltd and/or its related entities, affiliates and subsidiaries (individually and collectively, "PKH") collects from or through Site from You, an individual User (“You” or “Your”).

 

Your privacy is very important to PKH and we are committed on safeguarding your Privacy. Hence PKH is providing this Statement to explain our online information collection and usage practices, as well as to inform you on the choices you can make about the way your information is collected and used on the Website. This policy also describes your data protection rights, including a right to object to some of the processing which we carry out. More information about your rights, and how to exercise them, is set out in the “What rights do I have?” section.

 

1.       Summary of the use of your personal data

1.1.PKH collect your personal information to provide you with the content, products and services that you requests;

 

1.2.PKH may use your personal information to understand how to better market our products to you;

 

1.3.PKH do not share your personal information with third parties other than our service providers, or in the course of our business with you, or in the event of a dispute, unless required by law;

 

1.4.PKH take reasonable measures to protect the security of your personal information;

 

1.5.PKH want to sell our products to you, but PKH do not want to annoy them. PKH provide numerous ways for you to limit our use of your personal information;

 

1.6.You are entitled to a transparent relationship. You have the right to access, and obtain correction or deletion of, personal information about yourself that PKH have collected and retained.

 

1.7.PKH rely on your consent, such as for direct marketing, technical support, software updates and analytics, you can withdraw this consent at any time.

 

2.       Scope and Consent

2.1.This Privacy Policy applies to the information that PKH collect or receive from you of the Website; and any individual with whom PKH interact through telephone, correspondence, or electronic communications, newsletters, interviews, surveys, contests or promotions.

 

By using our Website, you are consenting to the processing of your information by or on behalf of PKH as set forth in this Privacy Policy. Your continued use of the Website, or continued interaction with us after we have notified you of a material change in our Privacy Policy in accordance with the Updates section below will be deemed an acceptance of these new terms.

 

3.       What personal information does PKH collect?

3.1.We collect and process personal data about you when you interact with us, our Site, and when you purchase Products and Services from us. This includes:

-          Your name, username and password;

-          your email address and phone number;

-          date of birth;

-          your home address;

-          your payment and delivery details, including billing address and credit card details, where you make purchases from us;

-          your Facebook login;

-          your IP address and browser location when visiting our Site and at the time of purchase;

-          information related to the browser or device you use to access our Site;

-          cuisine preference;

-          analytical information regarding your usage of our Site; and

-          your marketing preferences, including any consents you have given us.

 

3.2.In addition, we may receive personal data from sources other than you, such as from third-party websites, applications, services, Partners and other third parties, including individuals who have added you as a guest to their reservation. If you are an existing PKH user we may combine this information with information we have on you and use it for the purposes described below. We may collect information through cookies and other technologies, such as information about a user's online activity, the pages of our Site that you visited, the search terms used, and any link or advertisements on which you click. For more information, please see the Cookies and Other Technologies section.

 

4.       How does PKH use personal information, and what is the legal basis for this use?

4.1.Our primary goals in collecting personal information are to assist you in completing the purchase of our Products or Services; to interact with you, such as providing information about our new Products or Services; to better understand the individuals who are interested in our Products or Services, so that we can find more efficient and effective ways to respond to your questions and inquiries, and market our products to you. The more we know about your interests, the better we can communicate with you, anticipate your needs and communicate with you in a productive and enjoyable manner.

 

4.2.We process your personal data for the following purposes:

4.2.1.        Performance of a contract - To fulfil a contract, or take steps linked to a contract: this is relevant where you make or purchase Products or Services from us. This includes:

-          Verifying your identity;

-          taking payments;

-          communicating with you;

-          delivering to you the Products and Services that you have purchased; and

-          providing after-sales support to you.

 

4.2.2.        Legitimate purpose - Where PKH has a legitimate interest. This includes:

-          Where we use information you provide to personalise our Site, Products or Services for you;

-          where we monitor customer accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;

-          monitoring use of our Sites and online services, and use your information to help us monitor, improve and protect our Products, Content, Services and Sites, both online and offline; and

-          conducting research, analysis and analytics.

 

4.2.3.        Consent - Where you give us consent:

-          We will send you direct marketing in relation to our relevant Products and Services, or other Products and Services provided by our Partners.

-          We place cookies and use similar technologies in accordance with our Cookies Policy and the information provided to you when those technologies are used.

-          On other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.

 

4.2.4.        Required by law - For purposes which are required by law:

-          We need parental consent from parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services. However, our Sites are not designed for children under 18.

-          In response to requests by government or law enforcement authorities conducting an investigation.

4.3.The Site is not directed to persons under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us as indicated in the How to contact us section. If we become aware that a child under 13 has provided us with personal information, we will remove such information from our files.

 

4.4.In certain jurisdictions, consent is the primary ground on which personal data may be processed by an organisation. In those jurisdictions, processing personal data in connection with the performance of a contract or legitimate purposes is not recognised as an accepted ground on which personal data may be processed. Accordingly, if you are a resident in such a jurisdiction, you agree that consent will be the ground on which PKH will process your personal data instead of performance of a contract or legitimate purposes.

 

5.       User’s Right

5.1.Right not to provide information - You can choose not to provide us with any personal information. However, if you wish to obtain access to certain content, ask us a question, initiate a transaction, or to take advantage of certain features of the Site, you may be required to provide certain contact or other Personal Information, as indicated in the relevant form. 

 

5.2.Right to block cookies - You can choose to block cookies. To do so, please review the Cookies and Other Technologies section. Please note that if you refuse to accept cookies from this Site, you will not be able to access certain portions of the Site. 

 

5.3.Right to object to new uses of your Personal Information - If at any time we wish to disclose, or use your personal information in a way, or for a purpose other than as described in this Privacy Policy, we will give you the opportunity to choose (opt out) whether your personal information may be used for a purpose other than the purposes that are set forth in this Privacy Policy before the changes become effective. 

 

5.4.Right to know about third party marketing - We do not currently share your personal information with third parties for their direct marketing purposes. If at any time we wish to disclose, or use your personal information in a way, or for a purpose other than as described in this Privacy Policy, we will give you the opportunity to choose (opt out) whether your personal information may be disclosed to a third party. 

 

5.5.Right to block marketing communications - In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting as indicated in the How to contact us section. Please note that even if you opt-out of receiving marketing communications, we may need to send you service-related communications such as confirmations of any future services you may make.

 

5.6.Accessing, Changing or Deleting Personal Information - If you are a Registered User of the Site, you may update or correct the information you provided to us by logging into your account and making the applicable changes or by requesting us to make such changes by contacting as indicated in the How to contact us section. We will respond to requests for access as soon as possible.

 

6.       With whom will PKH share Personal Information

6.1.Partners - We may team up with other companies ("Partners") to offer certain promotions, jointly sponsor and promote such promotions, and develop subsites or separate websites that are used for a promotion. If you decide to participate in one of these promotions, the personal information that is collected from the relevant subsite will be collected by both PKH and the Partner(s) participating in the promotion. We will use that information in accordance with this Privacy Policy, and our Partner will use it in accordance with its own privacy policy. Please note that we do have any control over these third party websites and your use or the third party websites are subject to their privacy policy. Your use of the third parties' website is at your own risk. We encourage you to read the privacy policies of those third party websites. Personal data will also be shared with Partners when a reservation is made or if an event ticket is purchased. This can include your name, email address, phone number, profile, time and date of visit, party size, dining preferences, special requests, guest information and other comments that you chose to submit to us. We may also share with Partners any feedback that we receive from you or any comments that you might submit through our Site. Any feedback or comments may be shared with or may be accessible by that Partner so as to enable that Partner to respond directly to you.

 

6.2.Service Providers - We may engage certain third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, storage, database management, credit card processing, shipping, fraud prevention, business analytics, chat, website analytics, website optimization, lead scoring, retargeting, direct marketing campaign and the sending of newsletters, or similar services. We will share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your personal information.

 

6.3.To Defend or Enforce our Rights - We may use or share personal information to protect PKH or protect the Site, to establish or exercise our legal rights, respond to a breach of our Website T&Cs, when we believe it is appropriate to protect the property and rights of PKH or a third party, the safety of our company, our customers or others, to investigate, prevent, take action against, or stop any fraudulent, illegal, unethical, or legally actionable activity, in connection with our Site, or other products the PKH Website T&Cs, or other agreements. 

 

6.4.Business Transfers - If any or all of the assets of PKH are acquired by, or merged with those of another entity, or in the unlikely event of a bankruptcy, we may disclose, share or transfer some or all of our users' personal information to or with our advisers, this entity’s adviser or this entity in preparation of the transaction, as part of the due diligence, or after the transaction has been consummated, so that the successor entity can continue providing our services to our users. If the recipient of the personal information has personal information practices that do not meet the substance of this Privacy Policy, you will be given the opportunity not to continue to use the Site. 

 

6.5.Compliance with Laws and Third Party Requests - PKH cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our reasonable discretion, believe necessary or appropriate to respond to and defend against legal claims, respond to legal process (including a facially valid subpoena, warrant, court order or other legal process), or otherwise as required by law. Please note that we may not be able to notify you of a request for the disclosure of your information as described above, because doing so might be prohibited by law, or because doing so would jeopardize an investigation into illegal or fraudulent activity, or because we do not have your contact information.

 

6.6.Aggregate Information - We may prepare reports, market analysis, and trend analysis that are based on compilation of data that PKH has collected. These reports do not contain specific user information, but only aggregate information regarding a group of users. Data aggregation is a process in which data is gathered and expressed in a summary form for purposes such as statistical analysis, in order to obtain information about a particular group based on specific variables. This aggregated information is used for industry analysis, demographic profiling, and other purposes.  

 

7.       Data Security

7.1.PKH employs administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers, Partners and agents is only on a need-to-know basis, to protect your information from unauthorized access, collection, loss, misuse, disclosure, alteration, copying, destruction or similar risks. While we do our best to implement security measures, we do not guarantee that our safeguards will always work. 

 

7.2.When we need to transfer information out of our firewall, we use industry-standard technological means to protect personal information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security when transmitting sensitive information (such as credit card information). While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

 

8.       Data Retention

8.1.We will retain user information for as long as the user account is active or as needed to provide services to the user. If you wish to cancel your account or request that we no longer use your information to provide you services contact us as indicated in the How to contact us section.

 

8.2.We will process personal data in connection with performing a contract; we will keep the data for 6 years from the date of contract.

 

8.3.We will process personal data for site security purposes; we retain it for 12 months or such other long period as may be required in certain jurisdictions.

 

8.4.We will process personal data for marketing purposes or with your consent, we will process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We will also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.

 

8.5.Please note, however, that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will respond to requests for access as soon as practicable. 

 

9.       Policy Disputes and Updates

9.1.If you have any concerns or claims with respect to our Privacy Policy, please contact us as indicated in the How to contact us section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of personal information. If the complaint or dispute cannot be resolved through our internal process, the dispute will be resolved in accordance with the Dispute section in our Website T&Cs.

 

9.2.This Privacy Policy may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Policy on the Site, and will obtain the necessary consents as may be required under applicable law if we seek to collect, use or disclose personal information for purposes other than those for which consent has been obtained.

 

9.3.Except as stated above, all changes will apply to the personal information that are already collected, and to personal information that are collected after the effective date of the revised policy. If any proposed change is unacceptable to you, you will have the right to terminate your account with us. You are advised to consult this Privacy Policy regularly for any changes.

 

(Last updated on 21st January 2019)

 

Cookies and Other Technologies Policy

PKH uses cookies and other technologies as described below to distinguish you from other users of our Sites, to provide you with a better user experience and to improve our Sites. All personal information collected through cookies is processed in accordance with this Cookies and Other Technologies Policy. For further information about this policy, please contact  althea@pkh.com.sg

1.       What are Cookies and Other Technologies?

1.1. Cookies are small data files that contain a string of characters. Unless you have adjusted your browser setting so that it will refuse cookies, our system will send your device a cookie when you visit our Sites.

 

1.2. These cookies are used for a variety of purposes. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

 

1.3. Cookies help us to improve our site and to deliver a better and more personalised service, for instance by storing information about your preferences and allowing us to recognise you when you return to our web sites.

 

1.4. The use of cookies by our partners, affiliates, tracking utility company, or service providers is not covered by our Privacy Policy. We do not have access or control over these cookies.

 

1.5. Some cookies enable services that you have specifically asked for, while other cookies are used to remember the choices you made in order to make it easier for you to use our Site when you return. Other cookies collect information about how you use our Site, for example which pages they visit most often, or how long you stay on a particular page. 

 

1.6. Finally, other cookies are used to collect information about your perceived interest in our Products and Services so that we can arrange for advertisements regarding these products to display on other sites that you visit on the Internet. This way when you visit other sites that display advertisements, the advertisements that you see are more relevant to you. 

 

1.7. Tags (also known as clear gifs, pixel tags or Web beacons) are tiny graphics with a unique identifier, similar in function to cookies that are placed in the code of a webpage. 

 

1.8. We use tags to monitor the traffic patterns of users from one page within our Site to another, to deliver or communicate with cookies, to understand whether you have come to our Site from an online advertisement displayed on a third-party website, and to improve Site performance. We also may allow our service providers to use tags to analyse visitor traffic and actions on our Site and to help us understand which pages are more attractive to Users, or which emails have been opened by recipients. This helps us measure the effectiveness of our content and other offerings. 

 

1.9. You can find more information about cookies at: www.allaboutcookies.org.

 

2.       Your Consent & Choices About Cookies

2.1. On your first visit to this Site you will have seen a pop-up to inform you about the purposes for which cookies are being used and the means to opt-out. Please read this Cookies and Other Technologies Policy carefully for more details about the way we use cookies. Although this pop-up will not usually appear on subsequent visits you may withdraw your cookie consent at any time by following the instructions in this Cookies and Other Technologies Policy.

 

2.2. If you don’t want to allow cookies at all, or only want to allow use of certain cookies, you can use your browser settings to withdraw your consent to our use of cookies at any time and also delete cookies that have already been set. These settings are usually found in the 'options' or 'preferences' menu of your internet browser. The website www.allaboutcookies.org contains comprehensive information about the process of opting out on different browsers.

 

2.3. Note that by disabling certain categories of cookies, you may be prevented from accessing some features of our web sites or certain content or functionality may not be available.

 

2.4. If you have queries about our use of cookies, you can contact us at althea@pkh.com.sg

 

 

(Last updated on 21st January 2019)

 

Member Terms & Conditions

By clicking on the “I Accept”, “Submit”, “Login” or similar button or checking the “I Accept” or similar box at the end of the Account registration process or when logging in to your Account, you hereby agree to be bound by these Member Terms and Conditions (“Member T&Cs”) as well as the Website Terms And Conditions (“Website T&Cs) which are hereby incorporated by reference into these Member T&Cs, including without limitation, the representations set out in Clause 1.1 of the Website T&Cs. In the event of any conflict, inconsistency or ambiguity between these Member T&Cs and the Website T&Cs, these Member T&Cs shall govern and take precedence over the Website T&Cs.

 

1.       Definitions and Interpretations

1.1. All Definitions and Interpretations terms in the Website T&Cs apply to these Member T&Cs unless specifically defined in these Member T&Cs.

 

2.       Account Registration and Information

2.1. You agree that your Account is for your sole, personal use or you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Member T&Cs. You acknowledge and agree that any unauthorised sharing or disclosure of your Account will cause wrongful loss to PKH and constitutes an offence under Section 8 of the Computer Misuse Act (Cap. 50A). You hereby agree not to:

-          Share or allow others to use your Account as defined in Clause 2.3; or

-          transfer your Account to any other person or entity.

 

2.2. You shall at all times ensure all information provided upon Account Registration be updated, accurate and complete. Failure to do so shall constitute a breach of these Member T&Cs, which may result in the restriction, suspension or immediate termination of your Account.

 

2.3. All Account Registration process will require you to select a password (“Password”) and user name, which by default to be your Email Address or Telephone number; you must treat such information as confidential. You are not to:

-          Create an Account with the intent to impersonate another person; or

-          use a name subject to the rights of any other person without authorization. 

 

2.4. You shall promptly notify PKH in the How to contact us section of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.

 

2.5. You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your Account. You agree that PKH shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. 

 

2.6. Unless prior written notice of no less than thirty (30) days (or such other period specified by PKH) is given to PKH, you agree that PKH may automatically renew your membership or subscription account upon expiration. 

 

3.       Use of Account Information

3.1. In addition to and without limiting the terms of our Privacy Policy, you hereby consent to PKH’s use and disclosure of all such information and information relating to your Account of the Site or Services for the following purposes:

-          Verifying your identity;

-          taking payments;

-          communicating with you;

-          responding to your requests and queries;

-          enforcing these Member T&Cs and the Website T&Cs and our legal rights and remedies;

-          sending you information, promotions, updates, and marketing and advertising materials in relation to our Products and Services and those of our Partners;

-          complying with law, the requests of law enforcement and regulatory officials, or orders of court;

-          delivering to you the Products and Services that you have purchased;

-          providing after-sales support to you; and

-          conducting research, analysis and analytics.

 

4.       Suspension and Termination of Account

4.1. You agree that PKH has the right in its sole and absolute discretion and without notice to:

-          Restrict, suspend, or terminate your access to all or any part of the Services; and/or

-          terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason. Without prejudice to the generality of the above, PKH reserves the right to deactivate your Account if it has been inactive for a period of one (1) year or more, or if you are in breach of any of our Website T&Cs or these Member T&Cs or if PKH believes that you have been using the Account for unlawful and/or undesirable activities.

 

4.2. You agree not to hold PKH liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account. 

 

5.       Prohibited Uses

5.1. You may use the Site only for lawful purposes and in accordance with our Website T&Cs or these Member T&Cs. In addition to other prohibitions as set forth in our Website T&Cs or these Member T&Cs, you are prohibited from using this Site or its content:

-          In any way that infringes or violates any regulations, rules or laws;

-          to solicit others to perform or participate in any unlawful acts;

-          to exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

-          to harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate against others;

-          for any obscene or immoral purpose;

-          to submit false or misleading information;

-          to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

 

5.2. Additionally, you agree not to:

-          Use the Site in any manner that could affect the functionality or the operation of the Service.

-          use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

-          use any manual or automated process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;

-          introduce any viruses, Trojan horses, worms, logic bombs or malicious or technologically harmful material;

-          attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer or database connected to the Site;

-          attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

 

5.3. Without prejudice to PKH’s rights of restriction, suspension and termination under Clause 4 above, PKH reserves the right to terminate your Account and/or your access to all or any part of the Site or Services if you are in breach of any of these Member T&Cs or the Website T&Cs or if PKH believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.

 

5.4. You agree to indemnify and hold PKH, and its subsidiaries, affiliates, officers and directors, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses, expenses, due to or arising out of:

-          Any use of the Site, any Products or any Services;

-          your connection to the Site;

-          your breach of any terms and conditions of these Website T&Cs;

-          your violation of any rights of another person or entity; or

-          your breach of any statutory requirement, duty or law.

 

6.       Fees

6.1. PKH may offer the use of any Product or Service, subject to payment of a fee or other charges to PKH. If you wish to use such Product or Service, you shall make full and prompt payment to PKH of the applicable fees in accordance with the payment terms specified by PKH at the point of transaction. Unless otherwise stated, all fees are quoted in Singapore dollars.

 

6.2. In the event that any fee for any Product or Service is stated erroneously on the Site or otherwise, as determined in the sole discretion of PKH, PKH will not be:

-          obliged to provide the Product or Service to you at the erroneous fee; and

-          shall be entitled to rectify such error by giving you written notice of the error and of the correct fee.

6.3. In the event that you do not agree to make payment of the correct fee after being notified, you may refund or terminate the Product or Service and PKH shall refund any fees paid by you to PKH on a pro-rated basis for the remaining and unexpired portion of the term for such Product or Service, as your sole remedy.

 

6.4. In the event that PKH terminates or withdraws the operation of any Product or Service, PKH may (but is not obliged to) refund any fees paid by you to PKH, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant Product or Service.

 

6.5. If your Account is terminated at any time by PKH for breach of the Agreement, or if you cancel any payable Product or Service, you shall not be entitled to any refund of any fees that have been paid to PKH and shall be liable to pay PKH the unpaid balance of the full amount of the agreed fees for the Product or Service.

 

7.       Legal & Regulation Compliance

7.1. You acknowledge that PKH may be required under applicable law or upon the receipt of legitimate instructions from government authorities, to carry out acts in breach of the terms of this Agreement, and you hereby agree not to hold PKH liable or responsible for any such breach of the Agreement. 

 

(Last updated on 21st January 2019)

 

How to Contact Us

This Site is operated and maintained by PKH. All feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service and the Products displayed on or sold through the Site should be directed to:

-          Email : althea@pkh.com.sg

-          Address : 8 Jalan Kilang Barat, #01-05, Central Link, Singapore 159351