2. USE CONSTITUTES ACCEPTANCE
By accessing the Site or using any of our services, you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
4. OUR RELATIONSHIP WITH YOU
Red Dot Best offers a platform for sharing products (goods and services) related content. We provide most of this content ourselves but we also facilitate the sharing by other members of the Red Dot Best community. We do not have control of, or liability for, the goods, services or other content displayed or any comments or other communication. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT PROVIDED BY THE INDEPENDENT THIRD PARTIES WHO MAKE UP THE RED DOT BEST COMMUNITY. Our role is strictly limited that of a facilitator and third-party record-keeper. We do not endorse, promote or represent the content provided by any individual Red Dot Best user(s) or any other content made available on or through the Site or Services. References in this Agreement to “third parties” include all third party websites and all Red Dot Best account holders (both Providers and Seekers).
5. PROTECTION OF MINORS
You should be 18 years or older to use the Site and Services and must be 18 years or older to register for a Red Dot Best account or make purchases. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
6. CHANGES TO THIS SITE
We may discontinue or change any Red Dot Best content, service, function or feature at any time with or without notice and in our sole discretion.
7. DISCLAIMER OF CONTENT and USER CONTENT
The content on Red Dot Best’s website are provided ‘as is’. Red Dot Best makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Also, Red Dot Best does not warrant or make any representations concerning accuracy, likely results, or reliability of the use of the content on its website or otherwise relating to such content or on any sites linked to this site.
Red Dot Best is not responsible for and assumes no liability for any reviews, or other advertising, posts or other content posted, stored or uploaded by you or any third party, or for any loss or damage that arises from such content, nor is Red Dot Best liable for any errors, misrepresentations, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As the provider of this interactive platform, we are not liable for any data, information, claims, promises, representations or any other content provided by Red Dot Best account holders or other third parties.
8. THIRD PARTIES
You agree that your dealings with third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party, and you agree not to hold Red Dot Best liable for any disputes you may have with any such third party.
9. ADVERTISING AND BUSINESS PARTNERSHIP DISCLOSURE
Red Dot Best may display paid advertising such as Google AdSense on the Site and we may also enter into business relationships with third party commercial partners. In such circumstances we may get paid if you click on ads or links or be paid a fee for display of their products on our site. We wish to be transparent in our dealings with you and hereby disclose the incorporation of paid advertising and compensated promotions on this Site.
10. EXTERNAL LINKS
10.1 Social Media Sharing: The Red Dot Best Site both enables and encourages social media sharing, for example through popular social media channels such as Facebook, Twitter and Google. Red Dot Best has no control over, and is not responsible for, the privacy practices and policies of any such third party social media channels.
10.2 Links on this Site: This Site may provide, and third parties may provide, links to social media apps, other websites or resources. As we have no control over these, you agree that links to third party resources are provided solely for your convenience and we are not responsible for the availability of such external apps, sites or resources and are not liable for such third party content. If you decide to access any third parties linked to this Site, you do so entirely at your own risk. Links do not imply that Red Dot Best is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Red Dot Best.
10.3 Linking to this Site:
If you would like to link to this Site, you must comply with the following:
12. PRIVACY AND PERSONAL INFORMATION
13. OWNERSHIP AND INTELLECTUAL PROPERTY
13.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The Red Dot Best domain name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Red Dot Best or its licensors and are protected by Singapore’s and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without prior written permission from Red Dot Best.
13.2 Trademarks: All rights in the trademarks, service marks, logos, trade names, product names, product packaging and designs of Red Dot Best or third parties whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners and are protected under national and international trademark and copyright laws. You are not permitted to reproduce, download or otherwise use such trademarks, service marks, logos, trade names, product names, product packaging and designs without the prior express written consent of the owner of such mark.
13.3 License to Host Your Content: In these Terms, “your content” means all works and materials (including but not limited to data, text, photographs, images, illustrations, documents, graphics, audio material, video material, audio-visual material and files) that you submit to the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store your content on and in relation to our Site and Services and any successor websites or services. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
13.4 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services. You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, you acknowledge and agree that in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Red Dot Best that will be liable.
13.5 Copyright Infringing Content: We will act expeditiously to remove copyright infringing content as soon as we have we have actual knowledge that any of the Site content infringes copyright. If you believe there is copyright infringing material on the Site, please contact us by email at email@example.com with the following information:
14. LICENSE TO USE OUR SITE AND SERVICES
15. ACCEPTABLE USE OF OUR SERVICES
You must not:
16. PROHIBITED CONTENT
You may not use the Site or Services for any of the following purposes:
We reserve the right to refuse to post material on our Site or to remove material already posted on the Site at any time and for any reason in our sole discretion.
You must NEVER post a photograph or video of or with someone unless you have their explicit permission. It is strictly prohibited to submit media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.
Any information, statements, opinions or other information obtained from third parties and made available on Red Dot Best are those of the respective author(s) and not Red Dot Best. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement or other content on the Site, including but not limited to the content of any listing, whether paid or unpaid. Under no circumstance will Red Dot Best be liable for or in connection with any loss or damage caused by your reliance on any such content. Please contact us at firstname.lastname@example.org to remove, correct or update a listing. Where data is obtained by us through an open source such as the Internet, we are acting in good faith and aggregating factual and publicly available data and will remove any listing where we learn it is infringing intellectual property rights or other laws such as data protection legislation. Please contact us at email@example.com if you have knowledge of any such infringing content.
18. CONTENT SUBMISSION AND POSTING
We reserve the right to edit or reject all and any content in our sole discretion. By providing any content to Red Dot Best, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold Red Dot Best harmless for any and all claims resulting from any content you provide. You may not post or transmit any material that is unrelated to the Site’s subject matter, including spam.
19. PAYPAL AND OTHER PAYMENT PROCESSOR TERMS AND FEES
Payments by you to Red Dot Best are processed by third payment processors such as PayPal and credit providers and processors. Your use of a third party payment processor such as PayPal or a credit card company is subject to any additional terms and conditions and fees imposed by such third party payment processor.
20. USE OF YOUR FEEDBACK AND SUGGESTIONS
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
21.1 Password: If you register for an account (either as a Provider or as a Seeker), with Red Dot Best you may be required to use a password. You must keep your password confidential and you must notify us immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority.
21.2 Your Security Responsibilities: The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data. You are responsible for maintaining the security of any password, account ID or username, or other form of authentication involved in obtaining accessing our Site or Services. In order to protect you and your data, we may suspend your use, without notice, pending an investigation, if any breach of security is suspected. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.
22. DISCLAIMER – NO WARRANTY
22.1 No Warranty: YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF THE SITE’S OWNERS, OFFICERS, AUTHORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
22.2 Medical Information: Any medical or health or fitness related content, whether User Generated Content or otherwise found on the Site, is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. If you think you may have a medical emergency, call your doctor or your local emergency number immediately. The Site is not a substitute for professional medical advice, examination, diagnosis, or treatment. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on any Site content. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment. The Site should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. The Site does not recommend or endorse any tests, physicians, products, procedures, opinions, or other information found on the Site. The Site is not regulated by any state or national medical board. Information posted to the Site publicly or sent in an unsolicited message to a user is not confidential and does not establish a physician-patient relationship without the express consent of the person providing any medically related content.
22.3 Deals, Offers, Promotions Disclaimer: Descriptions of deals, offers, promotions and products on the Site are provided by the merchant or other referenced third parties. Red Dot Best does not investigate or vet these providers and is not responsible for, and will not be liable for, any claims associated with the description of the deals or products. Deals and prices may change at any time. Red Dot Best does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors or changes. Red Dot Best is not a provider of goods or services and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. The relevant merchant, and not Red Dot Best, is solely responsible for the sale, shipment and provision of goods and services obtained by you through the Site.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL RED DOT BEST OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR:
Your sole and exclusive remedy for any cause or claim whatsoever relating to the Site or the Services, shall be limited to discontinuing use of the Site and Services.
24. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
You agree to defend, indemnify and hold harmless Red Dot Best, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of the Site or the Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. Red Dot Best reserves the right to assume the exclusive defence and control of any matter subject to such indemnification and you hereby agree to cooperate with Red Dot Best in asserting any available defences.
We reserve the right, in our absolute discretion, to terminate your Red Dot Best account or your access to all or part of the Site or Services without notice. Upon such termination you will be denied access to any information or files you have stored on the Site, and we may remove, delete, or otherwise destroy any and all such related information at our sole discretion.
27. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
28. INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outside Singapore. If you choose to access this Site from a location outside Singapore, you do so at your own initiative and you are responsible for compliance with local laws.
29. DOWNTIME AND EVENTS BEYOND OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“force majeure”) or due to our compliance with any applicable laws or regulations.
We will make every available effort to keep the Site and Services available but there will be periods of downtime for maintenance and upgrades, and sometimes, for reasons beyond our control that we do not anticipate. There may be unscheduled downtime or outages. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THESITE OR SERVICES.
30. GENERAL PROVISIONS
30.2 Governing Law: You agree that the laws of Singapore govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of Singapore, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
30.3 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
30.4 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to this Agreement by email, paper mail, publication on our Site, by SMS, or in any other way recognized by law.
30.5 Waiver: Our failure to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision.
30.6 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and this Agreement otherwise remains in full force and effect.
30.7 Compliance with Laws: In using the Site and Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
30.8 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
30.9 Changes to these Terms: We may change these Terms at any time and for reason in our sole discretion.
LAST UPDATE TO THESE TERMS AND CONDITIONS: 28 February 2018