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TERMS AND CONDITIONS

COMO Club Pte. Ltd. (“Comoclub”, “we” or “us” as the context may require) operates the Comoclub loyalty and rewards programme (“Comoclub Recognition Programme” or “Programme”), which offers benefits and privileges to Comoclubbers via www.comoclub.com(this “Website”) and a mobile application (the “App”).

The Programme is currently available in Malaysia, Singapore, and Thailand, Hong Kong, Taiwan and online at www.club21global.comwww.kids21.com, and may become available in other countries and other platforms from time to time as Comoclub may in its sole discretion and absolute determine. Rewards offered under the Programme may vary from country to country.

By accessing and using any part of this Website or the App and/or participating in the Programme, you shall be deemed to have read, understood and accepted, and shall thereby be legally bound by, the terms and conditions set out below (these “Terms”). 

  1. DEFINITIONS

In these Terms, unless the subject or context otherwise requires, the following terms and expressions shall have the following meanings respectively ascribed to them:

COMO Group” means the COMO group of companies, affiliates, subsidiaries, related companies, associated companies and such other entities so designated by Comoclub from time to time.

Comocredits” means the reward currency which Comoclubbers have accumulated in respect of their transactions with Participating Entities as part of the Programme.

Comoclubbers” means all persons who are registered members of the Programme.

Comoperks” means benefits and privileges available to Comoclubbers as Comoclub may, at any time and in its sole and absolute discretion, determine.

Comopicks” means rewards (including but not limited to goods and/or services) as Comoclub may, at any time and in its sole and absolute discretion, determine and which Comoclubbers may obtain by redeeming Comocredits pursuant to the Programme.

Participating Entities” means such parties participating in the Programme by offering privileges and benefits to Comoclubbers (including, but not limited to, Comocredits, Comopicks and Comoperks) in connection with the Programme; 

Redemption Voucher” refers to vouchers issued by Comoclub and/or any Participating Entity upon redemption of Comocredits by Comoclubbers or otherwise issued in connection with or pursuant to the Programme.

2.          EFFECTIVENESS AND MODIFICATION OF TERMS 

2.1        Effectiveness.  These Terms (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on the Website and/or App or until terminated by Comoclub.

2.2        Modification.  Comoclub reserves the right in its sole and absolute discretion to modify, add, vary or amend all or part of these Terms from time to time without prior notice to you. Your continued use of this Website or the App and/or your continued participation in the Programme after such changes are posted on this Website and/or App shall be deemed an agreement by you to these Terms as modified. You also acknowledge and agree that it is your responsibility to monitor this Website and/or App for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of these Terms, your sole and exclusive remedy is to cancel your Account, discontinue your use of the Website and the App and cease participation in the Programme. 

3.          MEMBERSHIP AND ACCOUNT

3.1        Membership.  Membership to the Programme (“Membership”) is free and subject to your acceptance and compliance with these Terms. Your Membership and Account is specific to the Programme and is not valid with other unrelated promotions, cards or discounts.

3.2        Registration and Creation of Account.  By registering for a membership account (“Account”) on this Website, the App or any other website operated by any Participating Entity which facilitates such registration, you will automatically be given a Membership and will become a Comoclubber. By completing the registration procedures displayed on the registration page(s) of the relevant website or the App, you acknowledge and agree that you are providing, and you will maintain, accurate, current and complete information for your Account, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide. You further acknowledge and agree that, by providing Comoclub with your personal data in the course of registering your Account, you hereby give your express consent to Comoclub and the COMO Group to use, store, process and/or disclose your personal data in accordance with our Privacy Policy (please refer to Clause 12 below). 

3.3        Country of Membership.  Your country of Membership is determined by the country selected at the applicable registration page and the Comopicks and Comoperks offered to you shall be the applicable Comopicks and Comoperks available for Comoclubbers in that country.  Should you wish to change your applicable country of Membership, please contact us at hello@comoclub.com.

3.4        Access and Use of Your Account.  You acknowledge and agree that, apart from Comoclub, other entities within the COMO Group may access and/or use your Account and the information within your Account for the purposes of or in connection with the implementation, execution and operation of the Programe. 

3.5        Your Obligations in respect of Your Account.  Your Membership and Account are personal to you and solely for your personal use and benefit only; these are not transferable or assignable to any other person. You are responsible for maintaining the confidentiality of your username and password to your Account, and you are responsible for all activities under your Account reasonably within your control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your Account. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your Account or Membership. You agree not to use the account, username or password of any other Comoclubber at any time. Comoclub and other Participating Entities will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge and/or your failure to comply with this clause.

3.6        Access to Account Information.  You acknowledge and agree that Comoclub and the COMO Group may access, use, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Comoclub, the COMO Group, the other users of the Website, App and the Programme, and the public. However, under no other circumstances will Comoclub and the COMO Group intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy.

3.7        Comoclub’s Rights in relation to Your Account.  In the event that you:

(a)      violate these Terms;

(b)      infringe any intellectual property rights of any Participating Entity; 

(c)       engage in, encourage or advocate for offensive, abusive, or illegal conduct;

(d)      abuse or engage in fraudulent behaviour in respect of your Membership, Account, Redemption Vouchers, Comopicks, Comoperks and/or Comocredits, 

Comoclub reserves the right to, in its sole and absolute discretion and with or without notice, suspend or terminate your Account and/or withdraw all existing Comopicks, Comoperks or Comocredits conferred to you in connection with your Membership without any liability to you.

3.8        Termination of Your Account.  You may terminate your Account at any time and for any reason, by notifying us by email at hello@comoclub.com, but any such termination will be effective only after Comoclub has processed the request.

4.          MEMBERSHIP TIERS

4.1        Different Membership Tiers.  The Programme offers various membership tiers (“Tiers”) and the Comopicks and Comoperks applicable to you are based on your active Tier status at the material time. 

4.2        Qualifying Criteria.  Your active Tier status is determined based on certain qualifying criteria, details of which are available at Comoclub.com.  Your Tier may change from time to time based on the qualifying criteria that you meet in the relevant period.

4.3        Comopicks and Comoperks.  Details of the Comopicks and Comoperks applicable to each Tier are available at www.comoclub.com

4.4        Change in Membership Tier.  In the event of a change in your Tier status pursuant to Clause 4.2, the Comopicks and Comoperks applicable to your previous Tier status shall no longer apply and you will be entitled to the Comopicks and Comoperks applicable to your new Tier status.

4.5        Modification to Membership Tiers.  Comoclub reserves the right to amend the qualifying criteria, Comopicks and Comoperks applicable to each Tier at any time and from time to time in its sole and absolute discretion.

5.          COMOCREDITS

5.1        Earning Comocredits.  As a Comoclubber, you will earn Comocredits for all eligible transactions with Participating Entities.

5.2        Eligible and Ineligible Transactions.  Comocredits will only be issued on eligible transactions and youmay refer to www.comoclub.com for more details on the eligibility of transactions. Unless otherwise expressly stated, Comocredits will not be issued on purchases made with Participating Entities on items which are discounted at more than 60% off its original retail price (regardless of purchase location). 

5.3        Issuance of Comocredits.  Comocredits will be issued based on your active Tier status at the point of purchase. Comocredits shall be credited to your Account within ten (10) calendar days after your purchase. 

5.4        Calculation of Comocredits Issued on Qualifying Transactions.  

5.4.1    The calculation of Comocredits issued on eligible transactions may vary depending on your active Tier status. More details on how Comocredits are calculated and issued for  different Tiers are available at www.comoclub.com.

5.4.2    For all purchases with a total value that is not a whole number, the number of Comocredits issued on such purchase will be rounded down to the nearest whole number.

5.4.3    Comocredits shall be calculated based on the net value of transactions (the amount payable in cash/credit including applicable local taxes but excluding shipping, and after deduction of any promotional vouchers and other redemptions).  Specific calculations may apply in respect of the different Participating Entities, for example: 

(a)      for purchases from Club 21 boutiques in various countries, Comocredits shall be calculated on the net value of transactions plus applicable local taxes. For purchases on the Club 21 website, Comocredits shall be calculated on the net value of transactions excluding any applicable shipping charges;

(b)      for purchases from SuperNature, Comocredits shall be calculated on the net value of transactions plus applicable local taxes, excluding any additional delivery charges;

(c)       for purchases from Culina Dempsey, Comocredits shall be calculated on the net value of transactions plus applicable local taxes;

(d)      for purchases from Comoclub Urban Escape in Singapore, Comocredits shall be calculated on the net value of transactions plus applicable local taxes; and 

(e)      for room stays and purchases made at any COMO Hotels & Resorts hotel, Comocredits shall be calculated on the net value of transactions excluding all local taxes and duties, service charge and any 3rd party services engaged externally.

Comoclub reserves the right to adjust the calculation of Comocredits issued based on various factors, including but not limited to the treatment of taxes in different jurisdictions.

5.4.4    The value of all refunded transactions and transactions using store credits issued by Participating Entities pursuant to store returns will not be taken into account for the purpose of the calculation of Comocredits.

5.4.5    Without prejudice to the statutory or other rights of Comoclub, Comoclub may in its sole and absolute discretion and at any time, without giving reason or prior notice, suspend the issuance of Comocredits, change the calculation methods, rectify any error in any calculations and make any adjustments as it deems fit to said calculations.

5.5        Validity of Comocredits.  

(a)      For Comoclubbers in the C1, C2 and C3 Tiers, Comocredits are valid for twenty-four (24) months from the date of issuance. 

(b)      For Comoclubbers in the C4, C5, and C6 Tiers, Comocredits are valid for thirty-six (36) months from the date of issuance and Comoclubber tier at date of issuance.

The applicable validity period is determined based on your active Tier status as at the date of issuance of such Comocredits.

5.6        Redemption of Comocredits.  

5.6.1    Comocredits may be used in conjunction with Comoclubber discounts offered by Participating Entities. Comocredits can be redeemed instantly to offset the purchase price of eligible purchases made online or in person at Participating Entities. 

5.6.2    Unless otherwise stated, Comocredits may only be used in respect of regular-priced items at Participating Entities and may not be used during sales, in conjunction with any other promotions, with the use of promotion or bank vouchers (unless otherwise stated), at Comocollection or any other Comopicks or redemption catalogue issued by Comoclub, any sale location, at store-in-stores in Hong Kong, and Singapore and on consignment and selected products.

5.6.3    All Comocredits can be redeemed to the last possible dollar-value available in your Account. Your Account must have at least one dollar’s worth of Comocredits (in your local currency) in your Account in order to make a redemption.

5.6.4    Comocredits may also be used to redeem Redemption Vouchers in accordance with Clause 6.2 below. 

5.7        Non-transferable; non-exchangeable; non-refundable.  Comocredits issued to your Account are personal to you and your Account only and cannot be transferred to another Comoclubber’s Account or used by another Comoclubber. Comocredits are not exchangeable for cash or credit. Comocredits are not refundable and Comocredits which have been successfully redeemed cannot be refunded to any Account.

5.8        Statement of Account.  You will receive a statement of account in respect of your transactions with Participating COMO Entities, which will include (among other things) your eligible transactions and the number of Comocredits accumulated, and the frequency of statements may vary from time to time. 

5.9        Adjustment of Credits.  Comoclub reserves the right to adjust any Comocredits in any manner in its sole and absolute discretion. In the event of any dispute, Comoclub's decision is final and conclusive. 

6.          COMOGIFTS, COMOPICKS AND COMOPERKS

6.1        Comogifts

6.1.1    Comoclub may issue special credits to you in your birthday month as a membership perk (“Comogifts”).

6.1.2    Comogifts may be redeemed instantly for purchases made at Participating Entitieswithin the issuing country. They are not valid for use regionally.

6.1.3    Comogifts reflected in the point-of-sale are accurate up to the preceding day only. 

6.1.4    Items purchased at Participating Entities using Comogifts are non-returnable and non-refundable, whether for cash, Comocredits or otherwise. 

6.2        Comopicks

6.2.1    From time to time, Comoclub may make available Comopicks which are redeemable via Redemption Vouchers. Redemption Vouchers can be obtained by redeeming your available Comocredits, which will be issued under your name and Comoclubber ID and will specify the Comopicks which you have selected. All Redemption Vouchers issued to you are personal to you and cannot be transferred to or used by any other person. The mode of redemption shall be decided by Comoclub in its sole and absolute discretion and any redemption for Comopicks may be subject to additional terms and conditions imposed by Participating Entities (where applicable).

6.2.2    In order to redeem the Comopick comprised in a Redemption Voucher, you shall present to the relevant Participating Entity: 

(a)      a valid identification card or other identification document; and 

(b)      the valid Redemption Voucher(s),

as proof of eligibility and identity. 

6.2.3    For purchases exceeding the value of your Redemption Voucher, you shall top-up the difference in value by payment in cash or credit. 

6.2.4    There shall be no refund in any form whatsoever if the value of the corresponding Reward that you are redeeming under a Redemption Voucher is lower than that of such Redemption Voucher.

6.2.5    Multiple Redemption Vouchers may be used to redeem Comopicks in one single transaction, unless otherwise stated. 

6.2.6    Participating Entities may impose additional terms and conditions applicable to the use of Redemption Vouchers, and you shall comply with all such additional terms and conditions stipulated by each relevant Participating Entity.

6.2.7    All Comopicks which have been redeemed are non-refundable and non-exchangeable (whether for cash or in kind or for Comocredits, other Comopicks or any other merchandise). 

6.2.8    The redemption and use of a Redemption Voucher is subject to availability of the Comopicks comprised in such Redemption Voucher. If a Participating Entity is, for any reason, unable to supply the Comopicks comprised in the Redemption Voucher, such Participating Entity may in its sole and absolute discretion supply alternative Comopicks of similar quality and price or withdraw the original Comopicks. 

6.2.9    For travel-related Comopicks, any additional meals, transportation or accommodation arrangements made in connection with any such Comopicks will be your sole responsibility.

6.2.10  For dining vouchers, redemption and use of any Redemption Voucher shall be strictly between the relevant Participating Entity  and yourself only and you agree to notify such Participating Entity in advance of your intention to use the said dining vouchers, quoting your name and Comoclubber ID. Please note that the issuance of the dining voucher does not constitute a reservation and dining is subject to availability.

6.2.11  You acknowledge that Comoclub and the COMO Group shall in no way whatsoever be responsible for any loss, cost, damage or expense suffered by you in respect of any failure, act and/or omission, or default on the part of any Participating Entity to supply any Comopicks, products and/or services, privileges and benefits whatsoever under the Programme. Any or all aspects of the Comopicks, products and/ or services provided under this Programme are supplied by Participating Entities as third-party operators, service providers or suppliers engaged by Comoclub under the Programme to provide such Comopicks.

6.2.12  All Redemption Vouchers must be utilised by the expiry dates stipulated in the Redemption Vouchers and no extension will be granted.

6.2.13  Comoclub is unable to replace or exchange any Redemption Voucher for another. 

6.3        Comoperks

6.3.1    As a Comoclubber, you are entitled to Comoperks made available by Comoclub and Participating Entities from time to time. The Comoperks applicable to your active Tier status are available at www.comoclub.com

6.3.2    Comoperks are subject to change from time to time at Comoclub’s sole and absolute discretion and may be subject to additional terms and conditions imposed by Participating Entities (where applicable). 

6.3.3    Redemption of Comoperks are also subject to availability and you agree that you shall use the Comoperks in a fair, reasonable and responsible manner (for example, not making excessive demands nor infringing on others’ enjoyment of the same or similar Comoperks).

7.          MODIFICATION AND/OR DISCONTINUATION OF PROGRAMME

Without prejudice to any of Comoclub’s rights or remedies, Comoclub reserves the right to, at any time and in its sole and absolute discretion, withoust giving any reason or prior notice: 

(a)      change Programme terms and specifics (including but not limited to the qualifying criteria for different Tiers, the calculation of Comocredits, Comopicks and Comoperks); 

(b)      vary, substitute, withdraw, cancel or invalidate any Account, Redemption Vouchers, Comocredits, Comopicks, Comoperks, privileges and benefits and/or any Comocredits issued; and/or

(c)       suspend or discontinue, temporarily or permanently, all or any part of the Website, the App and/or the Programme, 

without any liability to you. 

8.          DISPUTES 

8.1        Comoclub is committed to providing you with a pleasant experience and quality customer service. If you have any queries or issues relating to the Programme or any feedback, please contact us at hello@comoclub.com, and we endeavour to be in touch with you within seven (7) days. 

8.2        In the event of a dispute arising out or in connection with transactions made under the Programme, the transaction records of Comoclub shall be deemed conclusive and the decision of Comoclub on all matters relating to the Programme shall be final and binding on you.

9.          COMPLIANCE WITH ADDITIONAL TERMS, HOUSE RULES, POLICIES AND LAWS

9.1        You may be required to comply with any additional terms, rules, policies or codes of conduct as Comoclub may determine from time to time by written notification to you. All such additional terms, rules, policies or codes of conduct are hereby incorporated by reference into these Terms. You also have the duty to ensure that your conduct and behaviour through the use of this Website, the App and/or your participation in the Programme comply with all applicable laws and regulations. 

9.2        If you fail to comply with any provisions of these Terms, Comoclub reserves the right, without prejudice to its other rights, to suspend or terminate your Membership and your Account without liability to you.   

  1. CONFIDENTIALITY

10.1     Comoclub shall at all times keep confidential and not disclose to any third-party confidential information except as permitted by this Clause 10 and for the purposes of performing our obligations under these Terms, and agrees to protect the confidential information with security measures and a degree of care that would apply to its own confidential information.

10.2     Notwithstanding Clause 10.1 above, Comoclub may disclose confidential information:

(a)      to other Participating Entities and third-party payment providers;

(b)      to the officers, directors, employees, auditors, advisors and subcontractors of other Participating Entities and other persons providing services to such Participating Entities where (provided that such person is under a duty of confidentiality in relation to the confidential information, professional, contractual or otherwise) to the extent necessary for Comoclub to perform its obligations under these Terms; 

(c)       where requested or required by law, regulation and/or any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body; and

(d)      to any other person where necessary for the performance of its obligations under these Terms with your consent. 

  1. INTELLECTUAL PROPERTY RIGHTS

11.1     This Website, the App and all materials, including but not limited to photographs, illustrations, videos, 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, programmes, products and/or services offered by any Participating Entity (whether in person at our establishments, online via this Website, the App or otherwise) (the “Content”) are proprietary to such Participating Entity and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”) owned, licenced to or controlled by the relevant Participating Entity.  Comoclub retains all rights, title and interest in all Intellectual Property in the Content and all concepts, systems, whether written or graphic and all other materials produced by or on behalf of Comoclub, including those on this Website and the App.

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

11.3     You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with this Website and/or the App; (ii) decompile, reverse engineer, disassemble or otherwise reduce this Website and/or the App to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on this Website and/or the App; (iv) access or use this Website and/or the App in an unlawful or unauthorised manner or in a manner that suggests an association with our Content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit this Website and/or the App or any part thereof, except as expressly authorised in these Terms; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage this Website and/or the App or connected network, or interfere with any person or entity’s use or enjoyment of this Website and/or the App; (vii) access, monitor, or copy any element of this Website and/or the App using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of this Website and/or the App, unless you have an executed agreement with us that expressly allows for such activity.

12.        PERSONAL DATA AND PRIVACY

12.1     You hereby acknowledge and agree that personal data relating to you (including without limitation any personal data which you provide to Comoclub at the time of registering your Account and any payment card details) may to the extent that it is reasonably necessary in connection with the Programme be collected, processed and used by the COMO Group and other Participating Entities and be disclosed in accordance with the COMO Group’s privacy policy (“Privacy Policy”). 

12.2     You can access the Privacy Policy at: [insert link to the COMO Group privacy policy here] and you hereby represent that you have read, understood and agreed to the Privacy Policy, which may be amended from time to time.

  1. DISCLAIMERS 

13.1     Disclaimers.  You acknowledge and agree that the Website, the Comoclub App and the Programme are offered without warranties of any kind whatsoever by Comoclub and/or the providers of any content on the Website, the Comoclub App and/or the Programme. The disclaimer of warranties includes, but is not limited to, the following: 

(a)      while we use all reasonable efforts to include accurate and up-to-date information in this Website and the Comoclub App, Comoclub does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Content including in particular the use of any representations and images. Comoclub assumes no liability or responsibility for any errors, omissions or completeness of the information provided in the content of the Website and/or the Comoclub App. Information provided is subject to change at any time without prior notice;

(b)      this Website and the Comoclub App is provided on an “as is” basis without warranties of any kind and Comoclub does not warrant that the functions provided in this Website and/or the Comoclub App 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;

(c)       while Comoclub shall use our best endeavours to prevent any unauthorised entry to this Website and the Comoclub App, 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 and/or the Comoclub App; 

(d)      any material which you download or otherwise obtain through the use of this Website and/or the Comoclub App (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 Comoclub 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 and/or the Comoclub App, or any uploading, downloading of any Content or information (all of which are not authorised) from this Website and/or the Comoclub App; 

(e)      this Website and/or the Comoclub App may contain links to other websites and pages which are not controlled, maintained or endorsed by Comoclub including but not limited to the online booking, reservations applications, tools or facilities maintained by third party service providers. By clicking on or activating such links, you acknowledge that the Comoclub 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.  Comoclub does not represent or exercise control over such third party and such third party is neither an agent nor servant of Comoclub. Any data or any information which you give to any other entity after leaving this Website and/or the Comoclub App is entirely at your own risk. Comoclub 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. All hyperlinks to such other websites are provided as a convenience to you, and Comoclub 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; 

(f)       no data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, Comoclub 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; and

(g)      this Website, the Comoclub App and the Programme are provided on an “as is” and “as available” basis and Comoclub expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Programme, this Website, the Comoclub App and any third-party websites with which they are linked.

14.        LIMITATION OF LIABILITY

14.1     To the maximum extent permitted by law, Comoclub and the Participating Entities are not responsible for and shall not be liable for any losses or damages of any kind arising out of or in connection (whether directly or indirectly) with your use of this Website, the Comoclub App and/or your participation in the Programme. Accordingly, you hereby release, indemnify and hold harmless Comoclub and the Participating Entities (and their directors, officers, employees, agents, representatives, and legal and other professional advisors) from all claims, losses, damages and/or liability in respect of any losses or damages of any kind arising out of or in connection with your use of this Website, the Comoclub App and/or your participation in the Programme.

14.2     To the maximum extent permitted by law, Comoclub and the Participating Entities shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Website, the Comoclub App and/or the Programme. 

15.        INDEMNITY

You agree to indemnify and hold Comoclub and the Participating Entities (including their directors, officers, employees, agents, representatives, and legal and other professional advisors) harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which they may suffer or incur due to or arising out of in connection with your breach of any of the provisions of these Terms. 

16.        GENERAL PROVISIONS

16.1     Feedback.  Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website and/or the Comoclub App will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. Comoclub reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the internet or on any written form, such information.

16.2     Access to Website and/or the Comoclub App.  Comoclub reserves all rights to deny or restrict access to this Website and/or the Comoclub App to any person, or to block access from any internet source or address to this Website and/or the Comoclub App at any time in its sole and absolute discretion, and without providing any notice or reason.

16.3     Force Majeure.  None of Comoclub and/or any Participating Entity shall be liable to you or any other party, or be deemed to be in default, for any loss, damage or expense arising from any delay or non-performance under these Terms resulting from acts beyond its control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any Government or administrative agency strikes, labour disputes (whether or not involving the employees of Comoclub and/or such Participating Entity, as the case may be), 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 above or not) beyond the reasonable control of the Comoclub and the Participating Entities, (ii) acts 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 (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation or communication services.

16.4     No Waiver.  No failure, delay, relaxation or indulgence on the part of Comoclub in exercising any power or right conferred upon it in these Terms 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.

16.5     Severability.  If any provision of these Terms 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, such provisions shall be fully separable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the remaining provisions of these Terms 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.

16.6     Third Party Rights.  Except for all Comoclubbers of the COMO Group, no other person shall have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy any benefit under these Terms. Notwithstanding anything in these Terms, the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms.

16.7     Entire Agreement.  These Terms constitute the entire agreement between you and Comoclub with respect to your use of this Website, the Comoclub App and/or your participation in the Programme 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 Comoclub or any Participating Entity entity in respect of the matters dealt with in these Terms. No promise, inducement, representation or agreement other than as expressly set forth in these Terms has been made by Comoclub and/or any Participating Entity.

16.8     Governing Law.  These Terms shall be governed by, and shall be construed in accordance with the laws of Singapore.

16.9     Dispute Resolution.  The courts of Singapore have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and your use of this Website and the Comoclub App and/or your participation in the Programme (including a dispute regarding the existence, validity or termination of these Terms. 

 

© 2021 KIDS 21 PTE LTD

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