1.1. “Account” refers to the online account of a Member with Wesley created on this website (the “Website”).
1.2. “Affiliates” has the meaning given in Clause 7.2 below.
1.3. “Content” has the meaning given in Clause 2.2 below.
1.4. “Listing” refers to a listing on the Website of any tier including a Basic Listing, Basic + Translation Listing, Silver Listing, Gold Listing and Platinum Listing.
1.5. “IPRs” has the meaning given in Clause 5.1 below.
1.6. “Member” refers to a user who has registered with Wesley and holds an Account on the Website.
1.7. “Privacy Statement” refers to the Privacy Statement of this Website.
1.9. “Visitor” refers to any user who browses the Website and includes both Members and users who are not Members.
2. Acceptance of Terms
3. Access to the Website
3.2. The Content is offered for your personal consumption as an end-user only. You agree not to distribute, reproduce, retransmit, sell, rent, disseminate, publish, broadcast, circulate, adapt, modify, exploit, use or create derivative works from the Content or commercially exploit the Content and shall not engage in any dealings with any other party in relation to the Content, without the prior written permission of Wesley. Such dealings include but are not limited to commercial dealings and dealings which will affect (adversely or otherwise) the commercial value of the Content.
3.3. You are prohibited from using the Content (in whole or in part) to develop any information, storage and retrieval system, database, compilation, information base or other resources, that is offered for commercial distribution, including without limitations using the Content for direct mailing services.
3.4. 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.
3.6. You are responsible for all access to the Website using your Internet account or connection, even if the access is by another person.
3.7. If you use our Website on your mobile device, your mobile carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Website. You are responsible for ensuring that at all times while using the Website you are not in violation of your wireless data service agreement. You are solely responsible for all fees and costs associated with your access to and use of the Website.
4.1. Visitors may register for a Member’s Account with Wesley by completing the Sign Up form. An Account allows a Member to access exclusive functions.
5. Acceptable Use and Intellectual Property
5.1. The Content, and all other materials on this Website are proprietary and protected by copyright, trademark and other intellectual property rights (collectively "IPRs") laws. The IPRs in the Website and all of the Content made available on it are owned by us and our licensors. You are hereby granted a personal non-transferable, non-exclusive, non-sublicensable right to access and use materials displayed on this Website for your own personal and non-commercial use only. You are however required to retain all copyright, trade mark and other proprietary notices on material that you download or copy from this Website (which require our express written permission). Save as specifically permitted hereunder, no materials contained in this Website may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyperlinked in any form, manner or by any means without the prior written permission of Wesley or the respective owners of IPRs. In addition to Wesley’s rights in the individual elements of the Contents, Wesley and/or its licensors own the IPRs in the compilation, selection, coordination and arrangement of the Content (in whole or in part).
5.2. Certain product and company names mentioned on this Website or material displayed on this Website may be IPRs belonging to third parties. Wesley does not warrant or represent that if you use such material, you will not infringe the legal rights of these third parties.
6.1. The collection and use of any information collected from you, including but not limited to personal data, by Wesley will be subject to our Privacy Statement.
7. Website Content
7.3. The respective Members are solely responsible for the accuracy of their Listings, and for all claims, losses, costs, expenses or damages whatsoever from any person arising (directly or indirectly) from the publication of any Listing.
8. Links to External Websites
9. Links from External Websites
9.1. Wesley reserves the right to block links from other websites.
9.2. Except as set forth below, caching and links to, and the framing of this Website or any of the Content is strictly prohibited. You are obliged to obtain written permission from Wesley before hyper-linking to, or framing, this Website or any of the Content, or engaging in similar activities. Wesley reserves the right to impose conditions when permitting any hyper-linking to, or framing of this Website and/or any of the Content.
10.1. Wesley offers the Content on an “as is” basis for information purposes only and make no representations as to the quality, completeness or accuracy of any content made available on the Website.
10.3. The accessibility and operation of the Website rely on technologies outside our control. To the fullest extent permitted by law, Wesley and its Affiliates, make no warranty and hereby disclaim all and any warranty, express or implied:-
(1) in respect of the use, security, accuracy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability, satisfactory quality or fitness for any particular purpose of the content or of the use of this Website;
(2) in respect of harm arising from downloading or accessing any information or material through this Website, including without limitation, harm caused by viruses worms, and/or other harmful or invasive elements or similar contamination or destructive features, or hackers or any technical glitches or limitations (“Malware”); and
(3) that the Content and any functions associated therewith will be uninterrupted or error-free or that this Website and its server will be free of any and all Malware.
10.4. In no event shall Wesley and/or its Affiliates, be liable to any party for any damages, expenses, claims, costs or losses of any kind (other than for death or personal injury resulting directly from the use of this Website, caused in whole or in part by Wesley's negligence) arising out of any legal claim (whether in contract, tort or otherwise), your use of or inability to use this Website, the Content, the links or the content of any third party website linked to this Website, including but without limitation, special, incidental, indirect or consequential damages.
11.1. You hereby agree to indemnify, hold harmless and defend Wesley and its Affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, legal fees, resulting directly or indirectly from a claim that arises in connection with your use of the Website and/or Content.
11.2. Notwithstanding the indemnification given by you, Wesley reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under this Clause, and in such case, you agree to fully cooperate as reasonably required with such defence and in asserting any available defences.
12. Limitation of Liability
12.1. In no event shall Wesley and/or its Affiliates, be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the Website and/or Content, whether based upon warranty, contract, tort (including negligence), or otherwise, even if Wesley has been advised of the possibility of such damages or losses.
13. Reliance on Information on Website
13.1. Companies and businesses listed on this Website may not have been vetted or verified by Wesley. Visitors are advised to make appropriate inquiries when choosing and engaging companies and businesses. Wesley does not accept any responsibility or liability whatsoever arising from the engagement of a company or business appearing on this Website.
13.2. The Website is a source of general information only and the Content do not constitute financial or professional advice or recommendation.
14. Jurisdictional Matters
14.1. Wesley endeavours to prepare the Website and/or Content in accordance with Singapore law. It does not warrant that the Website, and the Content will satisfy the laws of any jurisdiction other than Singapore, or that they/it are/is appropriate or available for use outside Singapore.
14.2. Your use of the Website constitutes your consent to having your Personal Data transferred to and processed in Singapore and the jurisdiction of the company/business that you may be engaging, subject to the restrictions on such data applicable to Wesley.
17. Rights of Third Parties
17.1. None of the terms herein shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B) or otherwise, by any person or entity who is not a party hereto.
18. Section Headings
19.2. You assume responsibility for controlling how your Personal Data is disclosed or used on the Website, including, without limitation, taking appropriate steps to protect such information.
19.3. The terms of our Privacy Statement shall be incorporated herein by reference.
20. Entire Agreement
20.2. Members are additionally governed by the Terms and Conditions of Members’ Accounts and Payment Terms referred to therein.
22. Governing Law
23. For Additional Information