Terms of Use

Thank you for visiting our website  (hereafter referred to as this “Website”). This Website is operated by Kids 21 Club Pte. Ltd (“Kids 21 Club”) The following Terms of Use create a legally binding agreement between you and Kids 21 Club (“”we” or “us” as the context may require).

By accessing and/or using any part of this Website and/or using any of the services provided via this Website and/or purchasing or attempting to purchase any product or service on this Website, you  (“the Customer” or “you”) shall be deemed to have accepted and thereby be legally bound by the Terms of Use set out below (these “Terms of Use”).

1. GENERAL

1.1.  Kids 21 Club affiliates include Kids 21 Pte Ltd, Club 21 Pte Ltd, COMO Hotels and Resorts (Asia) Pte Ltd, and related companies and business units which form part of the COMO Group. However, this Website is provided solely by Kids 21 Club and no other member of the COMO Group shall have any liability or responsibility for this Website and your purchase of any Products.

1.2.  These Terms of Use contain the provisions in the contractual relationship entered into between you and Kids 21 Club which you agree to be binding and enforceable at the time you access and/or use this Website and purchase or use any of the products or services provided by Kids 21 Club via this Website.  You are deemed to have read, understood and accepted these Terms of Use.

1.3 The Privacy Statement and Cookie Policy on this Website governs the processing including collection, use, disclosure and transfer of any personal information we collect from you, or that you provide to us. By using the Website you also agree to be bound by the terms of the Privacy Statement and Cookie Policy. 

1.4 Kids 21 Club reserves the right to modify, add, vary or amend all or part of these Terms of Use from time to time without prior notice to you.  Your use of this Website and any of the services provided here after such changes are posted on this Website, shall be deemed an agreement by you to these Terms of Use as modified.

2.  INTELLECTUAL PROPERTY RIGHTS

2.1.  This Website and all materials, including but not limited to photographs, illustrations, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programs, products and/or services offered by any part of Kids 21 Club and its affiliates (the “Contents”) appearing on this Website are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”)   owned, licenced to or controlled by Kids 21 Club,and its affiliates or partners.

2.2.  Except as otherwise expressly provided and agreed to in writing by Kids 21 Club, you are strictly prohibited from using, uploading, downloading, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Contents or any part thereof.

2.3.  Kids 21 Club and where applicable, its affiliates and partners, retain all rights, title and interest in all Intellectual Property in the Contents and all concepts, systems, whether written or graphic and all other materials on this Website.

3.  ACCESS TO WEBSITE

3.1.  Kids 21 Club reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.

4.  LINKS

4.1.  This Website may contain links to other websites and pages which are not controlled, maintained or endorsed by Kids 21 Club.  By clicking on or activating such links, you acknowledge that Kids 21 Club is not responsible for the consequences of your activities on the third party websites, tools, applications of other offerings or services and is not liable in any way whatsoever to you.  Kids 21 Club does not represent or exercise control over such third party and such third party is neither an agent nor servant of Kids 21 Club.  Any data or any information which you give to any other entity after leaving this Website is entirely at your own risk.  Kids 21 Club and, its affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites.

4.2.  All hyperlinks to such other websites are provided as a convenience to you, and Kids 21 Club and its affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.

5.  CONFIDENTIALITY

5.1.  No data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, Kids 21 Club cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.

5.2.  Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non- proprietary basis.  Kids 21 Club reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, disclosing such information to its affiliates or partners in connection with the development, marketing, manufacturing of products and services.

6. SECURITY OF WEBSITE

6.1. You hereby expressly acknowledge and agree that:-

6.1.1.  This Website is provided on an “as is” basis without warranties of any kind and Kids 21 Club does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;

6.1.2.  Kids 21 Club does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Contents including in particular the use of any representations and images;

6.1.3.  TO THE FULLEST EXTENT PERMITTED BY LAW, KIDS 21 CLUB IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION (WHETHER DIRECTLY OR INDIRECTLY) WITH YOUR USE OF THIS WEBSITE.  ACCORDINGLY, YOU HEREBY RELEASE KIDS 21 CLUB AND ALL OF ITS AFFILIATES (AND ITS AGENTS, REPRESENTATIVES, PARENT COMPANY, RELATED COMPANIES AND ASSOCIATED COMPANIES, SUBSIDIARIES, AND LEGAL AND OTHER PROFESSIONAL ADVISORS) FROM ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITY IN RESPECT OF ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE;

6.1.4.  Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material.  Neither Kids 21 Club nor any of its affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this Website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.

6.1.5.  While Kids 21 Club shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.

6.2.  You agree to indemnify and hold Kids 21 Club and each of its affiliates including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which Kids 21 Club or any of its affiliates and/or Hotel Affiliates may suffer or incur due to or arising out of in connection with:-

6.2.1.  Your breach of any of the provisions of these Terms of Use; and

6.2.2.  Otherwise in connection with these Terms of Use and your use of this Website.

7. REGISTRATION

7.1 You may need to create a registered account profile to use some of the services or features made available to you on this Website. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects (“Personal Information”). You may update your registered profile at any time by signing into your account and selecting “Update Profile”.  We may also change registration requirements from time to time.

7.2 Kids 21 Club reserves the right to terminate your account and your use of the Website without notice to you if it comes to our attention that any of the registration details you have provided is not current, incomplete or inaccurate.

7.3 The account password you provide should be unique and kept secure and you must notify Kids 21 Club immediately of any breach of security or unauthorized use of your account. Kids 21 Club will not be liable for any losses caused by any unauthorized use of your account.

8. FORCE MAJEURE

8.1 Kids 21 Club shall not be liable to the Customer for default of its obligations under this these Terms of Use or in relation to the Products when such default is by reason of:

a. fire, accident, any law, order, proclamation, regulation, demand or requirement of the Government of Singapore or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Kids 21 Club,

b. Act of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or

c. war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services, in which cases, Kids 21 Club shall be excused from such performance to the extent of such prevention.

9.  OTHER PROVISIONS

9.1.  No failure, delay, relaxation or indulgence on the part of Kids 21 Club in exercising any power or right conferred upon it in these Terms of Use shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use.

9.2.  If any provision of these Terms of Use is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms of Use, such provisions shall be fully separable and these Terms of Use shall be construed as if such illegal or invalid provision had never comprised a part of these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms of Use.

9.3.  Except for all affiliates of Kids 21 Club, no other person shall have any rights whether under the Contracts (Rights of Third Parties) Act or any other law to enforce or enjoy any benefit under these Terms of Use Notwithstanding anything in these Terms of Use the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms of Use.

9.4  These Terms of Use constitute the entire agreement between you and Kids 21 Club with respect to your use of this Website and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between Kids 21 Club,and its affiliates in respect of the matters dealt with in these Terms of Use. No promise, inducement, representation or agreement other than as expressly set forth in these Terms of Use has been made by Kids 21 Club or its affiliates.

9.5 If any term of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms of Use, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

10.  APPLICABLE LAW

10.1.  Your use of this Website shall be governed by, and interpreted in accordance with the laws of Singapore. The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use and your use of this Website (including a dispute regarding the existence, validity or termination of these Terms of Use (a “Dispute”). You agree that the courts of Singapore are the most appropriate and convenient courts to settle a Dispute and you agree not to make any argument to the contrary. However this shall not affect any mandatory statutory rights that you may have under laws of their local jurisdiction.

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