Terms of Use

GENERAL


Please read these terms and conditions and our Privacy Policy (collectively, "Website Terms") carefully before using the Website and/or the Services, so that you are aware of your legal rights and obligations with respect to Umeko Pte Ltd, its related corporations and affiliates (collectively referred to as "Umeko", "us", "we" or "our").

By your access of the Website and/or use of the Services, you are deemed to have understood and agreed to these Website Terms. If you do not accept these Website Terms, please leave the Website and discontinue your use of the Services immediately.

 

Umeko may from time to time change these Website Terms by posting the amended Website Terms at the Website. By accessing and using the Website or using any of the Services after the amendment of these Website Terms, you are accepting that you are bound by the (then) current Website Terms. If you do not agree to the amended Website Terms, you have the right to close your Account and/or cease using the Services. Please check this Website regularly to ensure that you are aware of all terms governing your use of the Website and/or the Services.

 

If you have any questions or concerns about these Website Terms or any issues raised in these Website Terms or on the Website, please contact us at ecommerce@umeko.com.sg

1. USE OF THE WEBSITE

1.1. You hereby represent and warrant that:

1.1.1. You have read, understood and agree to these Website Terms (including our Privacy Policy);

1.1.2. You are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Terms and you are accessing the Website, using the Services and either contracting in your own personal capacity or contracting on behalf of a corporate entity;

1.1.3. 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 Terms; and

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

1.2. Umeko reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Website at any time. Umeko may also impose limits on certain features or restrict your access to the Services or the Website (or part thereof) without notice or liability.

2. DEFINITIONS

2.1. In this Agreement, unless otherwise required, the following terms have the following meanings:

2.1.1. “Agreement” means the agreement formed by these Website Terms and the Privacy Policy in force from time to time, and in the case of a Member, by these Website Terms, the Privacy Policy and the membership terms and conditions in force from time to time;

2.1.2. “Computer” means your computer, notebook computer, mobile phone or other electronic device used to access the Website or the Services;

2.1.3. “Content” means materials, information, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content;

 

2.1.4. “Member” means a registered member of the Website;

2.1.5. “Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access;

2.1.6. “Umeko Content’ means all Content of Umeko that is made available on or via the Website;

2.1.7. “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Website and/or the Services;

2.1.8. “Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you;

2.1.9. “User Content” means all Content on the Website which is created, transmitted, posted or uploaded by a user of the Website;

2.1.10. “Website” means the Umeko website containing the link to these terms and conditions; and

2.1.11. “Website User Terms” means the terms and conditions applicable to Members from time to time.

3. WEBSITE AND SERVICES

3.1. The Website is owned and maintained by Umeko.

3.2. Umeko may offer one or more of the following services on or through the Website (each a "Service" and collectively, the "Services"):

3.2.1. access to a collection of information, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works;

3.2.2. access to an online booking engine;

3.2.3. access to a web-based client management software;

3.2.4. any other features, content or applications that Umeko may offer on or through the Website from time to time in its sole and absolute discretion.

3.3. You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Website User Terms in addition to these Website Terms.

4. CONTENT USE CONDITIONS

4.1. You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:

4.1.1. any Service;

4.1.2. the Website;

4.1.3. any Umeko Content except, to the extent permitted, with the prior written consent of Umeko or unless expressly permitted in these Website Terms; or

4.1.4. any Third Party User Content except, to the extent permitted, with the prior written consent of Umeko and the owner or licensee of the specific User Content.

4.2. Without prejudice to the generality of Clause 4.i, you agree not to reproduce, display or otherwise provide access to the Services, Umeko Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological

means (including any technology available in the future), without the prior written permission of Umeko.

4.3. You may, for your personal, non-commercial use:

4.3.1. retrieve and display Umeko Content on any compatible device owned by you; and

4.3.2. store such Umeko Content in electronic form on disk or on a mobile device owned by you (but not on any server or any other storage device connected to a network).

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

4.5. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Umeko Content available on the Website or through a Service except under the specific circumstances expressly permitted by law or Umeko in writing.

5. INTELLECTUAL PROPERTY

5.1. The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Website, and all Umeko Content, including without limitation %li the copyright in the compilation of all User Content, shall vest in and remain with Umeko.

5.2. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Umeko or other third parties, and all rights to the Marks are expressly reserved by Umeko or the relevant third parties. You are not permitted to use any Marks without the prior written consent of Umeko or such third party (as the case may be). Umeko's name may not be used in any way without Umeko's prior

written permission.

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

6. ONLINE CONDUCT

6.1 You hereby undertake:

6.1.1 to comply these Website Terms, and such other notices or guidelines that may be posted on the Website by Umeko from time to time (which are hereby incorporated by reference into these Website Terms);

6.1.2 not to use any Service or Umeko Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;

 

6.1.3 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Website, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and

6.1.4 not to use the Account of another Member at any time, whether with or without his/her permission.

7. DISCLAIMERS AND LIMITATIONS

7.1. While we make every effort to ensure that all Umeko Content displayed on the Website is accurate and complete, we provide the Umeko Content for informative purposes and on an 'as is' and 'as available' basis only without warranties of any kind either express or implied. Without limiting the foregoing, Umeko does not warrant that the functions contained in or access to the Website, Services, Umeko Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Website, Services, Umeko Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Umeko Content in or with any Computer will not affect the functionality or performance of the Computer. Umeko does not warrant or make any representations regarding the use or the results of the use of the Umeko Content, the Services, the Website or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Umeko) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Umeko liable for the loss of any of your User Content that is due to any circumstances beyond the control of Umeko.

7.2. You agree that:

7.2.1. Umeko 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 Website or Services without assigning any reason; and

7.2.2. access to or the operation of the Website, 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,

7.2.3. and in any such event, Umeko shall not be liable for any loss, liability or damage which may be incurred as a result.

7.3. In no event shall Umeko 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 Umeko Content, User Content, Services, any Computers, the Website, or any other website. In the event that Umeko is liable for damages despite the foregoing provision, you agree that Umeko's aggregate liability to you for any and all causes of action in relation to the Umeko Content, Services, Website, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to Umeko for the 1-year period immediately preceding the time such liability arose.

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

7.5. To the maximum extent permitted by applicable law, Umeko disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.

7.6. You agree that the above exclusions and limitations of liability enable the Services and the Umeko Content to be provided by Umeko at either reasonable costs or no costs to you.

8. LINKED SITES

Umeko may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. Umeko 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.

9. PRIVACY

Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

10. TERMINATION

You agree that Umeko has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Website or Services, without assigning any reason.

11. GOVERNING LAW AND JURISDICTION

These Website Terms and all matters relating to your access to, or use of, the Website and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

PRIVACY POLICY

GENERAL

This policy statement provides information on the obligations and policies of Umeko Pte. Ltd.(the "Company") equal to any in the world in respect of the protections they provide to an individual. As such, the Company undertakes to apply, where practicable, those principles and the processes set out herein to its operations globally.

We at Umeko Pte. Ltd.(“Umeko”) take our responsibilities under Singapore’s Personal Data Protection Act 2012 (the “PDPA”) seriously. We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.

 

This Data Protection Policy is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data.

If you, at any time, have any queries on this policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our Data Protection

Officer (the “DPO”) at:

Data Protection Officer

Umeko Pte Ltd

Email: ecommerce@umeko.com.sg

 

1. INTRODUCTION TO PDPA

1.1. “Personal Data” is defined under the PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include names, identification numbers, contact information, medical records, photographs and video images.

1.2. We will collect your personal data in accordance with the PDPA. We will notify you of the purposes for which your personal data may be collected, used, disclosed and/or processed, as well as obtain your consent for the collection, use, disclosure and/or processing of your personal data for the intended purposes, unless an exception under the law permits us to collect and process your personal data without your consent.

1.3. Types of Personal Data Collected:

For the purpose of carrying on the Company's business, including registration and administration of the Company's related products and services (including relevant online services), you may be requested to provide personal data such as, but not limited to, the following, without which it may not be possible to satisfy your request:

1.3.1. Your name;

1.3.2. Correspondence address, and/or billing address;

1.3.3. Payment details, including credit card and banking information

1.3.4. Contact details, including contact name and telephone number or email address

1.3.5. Your image taken at our premises with a webcam (or like equipment) for visual identification

1.4. In some instances, you may also be requested to provide certain data that may be used to further improve our products and services and/or better tailor the type of information presented to you. In most cases, this type of data is optional although, where the requested service is a personalised service, or provision of a product or dependant on your providing all requested data, failure to provide the requested data may prevent us from providing the service to you. This type of data includes, but is not limited to:

1.4.1. Your age;

1.4.2. Gender;

1.4.3. Salary range and employment details;

1.4.4. Education and Profession;

1.4.5. Hobbies and leisure activities;

 

1.4.6. Other related products and services subscribed to; and

1.4.7. Family and household demographics

2. PURPOSES FOR COLLECTION, USE, DISCLOSURE AND PROCESSING OF PERSONAL DATA

2.1. Depending on the circumstances, we may/will need to process your personal data for, but not limited to, the following purposes:

2.1.1. Administration of your membership and enquiry

2.1.2. Marketing purposes

2.1.3. Any other purposes which we notify you of at the time of obtaining your consent (collectively, the ‘Purposes’)

2.2. For example, if you use our fitness app on this website, our fitness app will request you to furnish further personal data related to your fitness. This will be an example of paragraph 2.1.3 above, where we will notify you of such purpose at the time of obtaining your consent. The exception to paragraph 2.1 and 2.2 above is where processing of your personal data without your consent is permitted by the PDPA or by law.

2.3. In order to conduct our business operations more smoothly, we may also be disclosing the personal data you have provided to us to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties whether sited in Singapore or outside of Singapore, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes.

3. SPECIFIC ISSUES FOR THE DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

3.1. We respect the confidentiality of the personal data you have provided to us.

3.2. In that regard, we will not disclose your personal data to third parties without first obtaining your consent permitting us to do so. However, please note that we may disclose your personal data to third parties without first obtaining your consent in certain situations, including, without limitation, the following:

3.2.1. cases in which the disclosure is required or authorized based on the applicable laws and/or regulations;

3.2.2. cases in which the purpose of such disclosure is clearly in your interests, and if consent cannot be obtained in a timely way;

3.2.3. cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of yourself or another individual;

3.2.4. cases in which the disclosure is necessary for any investigation or proceedings;

3.2.5. cases in which the personal data is disclosed to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer;

3.2.6. cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest; and/or

3.2.7. where such disclosure without your consent is permitted by the PDPA or by law.

3.3. The instances listed above at paragraph [3.2] are not intended to be exhaustive. For more information on the exceptions, you are encouraged to peruse the Second, Third and Fourth Schedules of the PDPA which is publicly available at http://statutes.agc.gov.sg.

3.4. Where we disclose your personal data to third parties with your consent, we will employ our best efforts to require such third parties to protect your personal data.

4. COOKIES

4.1. Please note that we use cookies on our website. Cookies are text files that we put on your computer

and they store/record information about your visit to and use of the website. Cookies can compile information about your browsing habits and can also enhance your browsing experience. This information may include, but is not limited to, relevant login and authentication details as well as information relating to your activities and preferences across our Websites. For more information on cookies, please refer to www.aboutcookies.org. We set out below more details about the cookies we use. You can of course disable cookies.

4.1.1. We use cookies for the following purposes:

4.1.2. To improve your user experience on this website;

4.1.3. to remember your preferences;

4.1.4. to help us understand how this website is performing;

4.1.5. to monitor traffic to the website;

4.1.6. to enable this website to function properly;

 

4.1.7. (collectively the “Purposes”)

4.2. You can control cookies through your web browser settings. This allows you to determine which cookies to allow and which to refuse. If you disallow the use of cookies on our website, please note that you may not be able to access the full range of functions that our website offers.

4.3. Personal data (if any) that we collect from you through cookies may be passed to our third party service providers, whether located in Singapore or elsewhere, for one or more of the Purposes, for managing and/or administering our website, or for the purpose of data hosting/storage/backup.

4.4. Your use of our website constitutes consent by you to our use of cookies and to the matters set out herein.

5. ACCURACY OF PERSONAL DATA

Where possible, we will validate data provided using generally accepted practices and guidelines. This includes the use of checksum verification on some numeric fields such as account numbers or credit card numbers. In some instances, we are able to validate the data provided against pre-existing data held by the Company. In some cases, the Company is required to see original documentation before we may use the personal data such as with Personal Identifiers and/or proof of address.

6. DIRECT MARKETING

The Company will honor an individual's request not to use his or her personal data for the purposes of direct marketing. Any such request should clearly state details of the personal data in respect of which the request is being made. Specifically, we request that you include the corresponding Company assigned account numbers which are printed on the Company's statements/invoices. Please also state clearly the authority under which you are authorized to make such a request. Unless otherwise instructed as per the above, the Company may use any of the data collected in the normal course of its business for marketing purposes.

7. LINKS TO OTHER WEBSITES

Umeko provides links to web sites outside of the Umeko site. These linked sites are not under the control of Umeko, and Umeko is not responsible for the conduct of companies linked to the Umeko website, nor for the performance or otherwise of any content and/or software contained in such external websites.

8. REQUEST FOR ACCESS AND/OR

8.1. You may request to access and/or correct the personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. Hence, please submit your written request on our online enquiry forms.

8.2. For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that the PDPA exempts certain types of personal data from being subject to your access request.

8.3. For a request to correct personal data, once we have sufficient information from you to deal with the request, we will:

8.3.1. correct your personal data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the PDPA exempts certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request; and

8.3.2. subject to paragraph [9.4], we will send the corrected personal data to every other organisation to which the personal data was disclosed by Umeko within a year before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or business purpose.

8.4. Notwithstanding paragraph, we may, if you so consent send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made.

8.5. We will also be charging you a reasonable fee for the handling and processing of your requests to access your personal data. We will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.

9. REQUEST TO WITHDRAW CONSENT

You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by submitting your request at the following webpage and using the online form set out therein.

We will process your request [within a reasonable time] from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request.

However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us.

10. ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA

10.1. We will take reasonable efforts to ensure that your personal data is accurate and complete, if your personal data is likely to be used by Umeko to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your personal data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete personal data arising from your not updating us of any changes in your personal data that you had initially provided us with.

10.2. We will also put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.

10.3. We will also put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.

10.4. Where your personal data is to be transferred out of Singapore, we will comply with the PDPA in doing so. In this regard, this includes us obtaining your consent unless an exception under the PDPA or law applies, and taking appropriate steps to ascertain that the foreign recipient organisation of the personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the PDPA. This may include us entering into an appropriate contract with the foreign recipient organisation dealing with the personal data transfer.

11. COMPLAINT PROCESS

11.1. If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the PDPA, we welcome you to contact us with your complaint or grievance.

11.2. Please contact us through one of the following methods with your complaint or grievance: Email: ecommerce@umeko.com.sg (Attention it to the ‘Data Protection Officer’)

11.3. Where it is an email or a letter through which you are submitting a complaint, your indication at the subject header that it is a PDPA complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organisation to handle. For example, you could insert the subject header as “PDPA Complaint”.

11.4. We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.

12. UPDATES ON DATA PROTECTION POLICY

12.1. As part of our efforts to ensure that we properly manage, protect and process your personal data, we will be reviewing our policies, procedures and processes from time to time.

12.2. We reserve the right to amend the terms of this Data Protection Policy at our absolute discretion. Any amended Data Protection Policy will be posted on our website here.

12.3. You are encouraged to visit the above website from time to time to ensure that you are well informed of our latest policies in relation to personal data protection.

13. UPDATES ON DATA PROTECTION POLICY

Umeko reserve the right to alter any of the clauses contained herein in compliance with local legislation, to meet its global policy requirements, and for any other purpose deemed necessary by the Company.

14. GOVERNING LAW AND JURISDICTION

This Data Protection Policy and all matters relating to your use of this Data Protection Policy shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

 
 
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