This website is owned, controlled and provided by OTSAW Digital Pte Ltd (“OTSAW” or the “Company”). Throughout the site, the terms “we”, “us” and “our” refer to OTSAW Digital Pte. Ltd. OTSAW Digital Pte. Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.1 You hereby represent and warrant that:
1.1.2 you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms of Service and you are either;
(i) accessing this Site, using the Services and contracting in your own personal capacity;
(ii) accessing this Site, using the Services and contracting on behalf of a corporate entity; or
(iii) contracting 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 Terms of Service 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 Terms of Service;
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 Terms of Service; and
1.1.4 all of the information provided by you to us (including without limitation personal particulars and contact information) is accurate and complete.
1.2 We reserve the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3 We may from time to time vary or amend these Terms of Serivce by posting the amended Terms of Service at this Site. Any use of the Services after the amendment of these Terms of Service will be deemed to be acceptance of the amended Terms of Service by you. If you do not agree to the amended Terms of Service, you have the right to close your Account and/or cease using the Services.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Member opened under this Site.
“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 8.1.
“Member” means a registered member of the Site.
“Member Conditions” means the terms and conditions applicable to Members accessible here.
“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 3.2.
“Site” means the website containing the link to these Terms & Conditions.
“SpinTable Content” means all Content of SpinTable that is made available on or via this Site.
“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.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. Site and Services
3.1 The Site is owned and maintained by OTSAW Digital.
3.2 We may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
3.2.1 real-time reservation engine for partner restaurants
3.2.2 access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and other types of works regarding both partner restaurants and others
3.2.3 search and/or filter engines or tools;
3.2.4 an advertising and branding platform for partner restaurants;
3.2.5 food ordering and/or payment;
3.2.6 email confirmation and alerts; and
3.2.7 any other features, content or applications that SpinTable may offer at the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to access and use certain Services, you may be required to register as a Member.
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 Site;
4.1.3 any SpinTable Content except, to the extent permitted, with the prior written consent of The Company or unless expressly permitted in these Terms of Service; or
4.1.4 any Third Party User Content except, to the extent permitted, with the prior written consent of The Company and the owner or licensee of the specific User Content.
4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, SpinTable 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 The Company.
4.3 You may for your personal, non-commercial use:
4.3.1 retrieve and display SpinTable Content on any compatible device owned by you;
4.3.2 print a single copy of SpinTable Content on paper (but not photocopy them); and
4.3.3 store such SpinTable Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
4.4 All SpinTable Content are the copyrighted work of The Company or its content or software providers, and SpinTable reserves and retains all rights in the SpinTable Content. Use of some SpinTable 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 SpinTable Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or The Company in writing.
5. Intellectual Property
5.1 You acknowledge that the Company or third parties own all rights, title and interest in and to the Application and technology comprised in the App Services, including without limitation software and portions thereof and all Intellectual Property Rights, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. “Intellectual Property Rights” means any and all rights existing from time to time (both current and future) under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world.
5.2 The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of The Company or other third parties, and all rights to the Marks are expressly reserved by The Company or relevant third parties. You are not permitted to use any Marks without the prior written consent of The Company or such third party. SpinTable and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of The Company or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of The Company.
5.3 The domain name on which the Site is hosted on is the sole property of The Company and you may not use or otherwise adopt a similar name for your own use.
5.4 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contact us at: email@example.com
6. Online Conduct
6.1 You hereby undertake:
6.1.1 to comply with these Terms of Service, and such other notices or guidelines that may be posted on the Site by The Company from time to time (which are hereby incorporated by reference into these Terms of Service);
6.1.2 not to use any Service or SpinTable 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 Site, 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 & Limitations
7.1 While we make every effort to ensure that all SpinTable Content displayed on the Site is accurate and complete, we provide the SpinTable Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, The Company does not warrant that the functions contained in or access to the Site, Services, SpinTable Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, SpinTable Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any SpinTable Content in or with any Computer will not affect the functionality or performance of the Computer. The Company does not warrant or make any representations regarding the use or the results of the use of the SpinTable Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not The Company) 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 The Company liable for the loss of any of your User Content that is due to any circumstances beyond the control of The Company.
7.2 Any arrangement or reservation made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. The Company will make best endeavours to ensure that 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.
7.3 You acknowledge and agree that The Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and The Company 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.
7.4 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and The Company shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.5 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
7.6 You acknowledge that it is not The Company’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that The Company does not endorse and shall not be responsible for any such content.
7.7 You agree that:
7.7.1 The Company 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 or Services without assigning any reason; and
7.7.2 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, The Company shall not be liable for any loss, liability or damage which may be incurred as a result.
7.8 In no event shall The Company 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 SpinTable Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website.
7.9 Under no circumstances, including, but not limited to, negligence, shall The Company be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the SpinTable Content, Services, Site, or any other website, even if The Company or an OTSAW authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.10 You agree that the above exclusions and limitations of liability enable the Services and the SpinTable Content to be provided by The Company at either reasonable costs or no costs to you.
8. Linked Sites
8.1 We may provide links to other sites that may be of relevance and interest to users. The Company 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. Data Use & Privacy
10.1 You agree that The Company 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 Site or Services, without assigning any reason.
11. Notification of Infringement
11.1 The Company reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of SpinTable 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 us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
11.2 All Infringement Notices shall be sent to us addressed as follows:
OTSAW Digital Pte. Ltd.
12 Kaki Bukit View
11.3 The Company will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against The Company in respect of any Infringing Material, unless you have first given The Company the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter The Company refuses or fails to remove the Infringing Material within a reasonable time. Where The Company removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against The Company under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by The Company.
11.4 You acknowledge and agree that The Company has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
12. Jurisdictional Issues
12.1 This Site is owned and operated by OTSAW Digital Pte. Ltd. in Singapore. OTSAW 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.
13.1 You agree to indemnify and hold OTSAW, and its subsidiaries, affiliates, officers, 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 and/or expenses, due to or arising out of:
13.1.1 any use of the Site or any Service;
13.1.2 your connection to the Site;
13.1.3 your breach of any terms and conditions of these Terms of Service;
13.1.4 your violation of any rights of another person or entity; or
13.1.5 your breach of any statutory requirement, duty or law.
14.1 If any provision of these Terms of Service is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Service shall continue in force save that such provision shall be deemed to be deleted.
15. Relationship of Parties
15.1 Nothing in these Terms of Service shall constitute or be deemed to constitute an agency, partnership or joint venture between The Company and you and neither party shall have any authority to bind the other in any way.
16.1 No waiver of any rights or remedies by The Company shall be effective unless made in writing and signed by an authorised representative of The Company.
16.2 A failure by The Company to exercise or enforce any rights conferred upon it by these Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
17. Payment Terms
17.1 We may include some of the features or within our product offerings as part of our Services which may require payment of fees. If you use our Services, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. We reserve the right to change our prices and at any time. You authorise us to make any reasonably necessary inquiries to validate your account and financial information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.
17.2 We may work with payment gateway providers whereby the users may use their payment tools (credit cards, debit cards) and/or utilise payment method (prepayment, and so on), which may be enabled through the integration with the payment gateway provider. In addition, you may need to provide all equipment necessary to make such connection to the Internet, including a web-enabled computer.
18. Governing Law & Jurisdiction
18.1 These Terms of Service 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.
18.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.