Terms of Use | Kerry Consulting
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    Kerry Consulting

    Website Terms of Use

    1. GENERAL

    • These terms and conditions (“Terms”) govern your use and access of our website located at https://www.kerryconsulting.com/, applications (mobile, web-based or otherwise) and/or any information, services, contents, products or features that form part of such applications and websites (collectively, the “Website”).

    • In these Terms, “Kerry Consulting”, “we”, “us” and “our” refer to Kerry Consulting Pte Ltd (a company incorporated in Singapore, and operating at 6 Temasek Boulevard Suntec Tower 4 #31-05, 038986). “You” and “your” refer to any person and/or organization accessing, browsing, using and/or downloading, installing the Website.

    • By accessing, browsing, using and/or installing our Website, you shall be deemed to have accepted these Terms and that you agree to comply with them. If you do not agree to these Terms, please exit our Website immediately and, where applicable, uninstall our applications, and refrain from any further use or access to our Website.

    • We may revise these Terms at any time by amending this page without prior notice to you. Please check this page from time to time and review the Terms to ensure that you understand all the terms and conditions that apply to your access and use of the Website, as they are binding on you. Your continued access to and/or use of the Website indicate your acceptance of the revised Terms.

    • We may modify or discontinue any information or features that form part of the Website at any time, without notice to you, and without liability.

    • These Terms will also apply to any updates or upgrades provided by us that replace and/or supplement any part of the Website, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.

    • We may also from time to time publish additional guidelines, rules and conditions applicable to the use of the Website. You agree to comply with these additional guidelines, rules and conditions, which are incorporated by reference into these Terms.

    • We reserve the right to change the URL(s) of the Website without prior notice to you.

    • Contact us: If you have any questions or feedback relating to the Website, please contact us at general@kerryconsulting.com.

    2. ACCESSING OUR WEBSITE

    • Your use of this Website is subject to your compliance with these Terms. We grant you permission to use the Website according to these Terms solely for your own personal, non- commercial use, unless otherwise agreed. You represent, undertake and warrant to us that you will:

      • provide us with all necessary information and/or produce all necessary documents as may be required by us in order to provide you with products and services you need on the Website; and

      • comply with all applicable laws and regulations with respect to your activities in connection with the Website.

    • 2.2.  We do not guarantee that our Website will:

      • be continuously available or be uninterrupted;

      • not be susceptible to any cybersecurity breach or cannot be compromised and/or free of any data breach (inadvertently or intentionally through interference or interception by third parties);

      • be free of bugs or other harmful codes and components not specifically mentioned herein;

      • will contain information that is always timely and accurate as sometimes inaccuracies may occur; or

      • will be free from errors or omissions.

    3. INTELLECTUAL PROPERTY RIGHTS

    • You agree that the Website, and any and all information and content on our Website, including not limited to, graphics, webpages, text, files, company names, source codes, photographs, music, videos, audio and images, interactive features, scripts, buttons, advertisements, documents, multimedia, the arrangement and compilation of contents, trademarks, logos, designs, and trade names (collectively the “Content”), are the property of Kerry Consulting, or its licensors, as the case may be.

    • References to any names, marks, products or services of third parties do not necessarily constitute or imply Kerry Consulting’s endorsement, sponsorship or recommendation of the third party, information, product or service. To the maximum extent permitted by law, we are not responsible and disclaim all liability for:

      • such third party products, services, websites;

      • for any act or omission of these third parties; or

      • any dealings between you and these third parties, whether or not such dealings have been performed or facilitated through our Website.

    • You acknowledge that you have no right, title or interest in and to the Website and its Contents and you agree not to challenge their validity or our ownership of or rights to them.

    • Kerry Consulting hereby grants to you a personal, non-transferable and non-exclusive license to access and read the Content for your own personal, non-commercial use only. All Contents on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without our or the relevant owner’s prior written consent. You must not modify, adapt, translate, decompile, alter, disassemble, reverse engineer or create derivative works from any Content from the Website or copy, reproduce, republish, upload, post, transmit, distribute or otherwise communicate or cause to be displayed to the public any Content, or any modification, adaptation, translation, decompilation, alteration, disassembly, reverse engineering or derivative works created from any Content, without our or the relevant owner’s prior written consent. You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

    4. RESTRICTION ON USE

    • You agree that you will not, and will not permit any other party to:

      • attempt to derive the source code or structure of the Website;

      • publish, transmit, post, upload or maintain any defamatory, obscene, threatening, malicious or otherwise objectionable material, or any other material in violation of any statute, rule or regulation in any jurisdiction to which you are subject;

      • publish, transmit, post, upload or maintain any content or material that is inaccurate or that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights;

      • create a database by systematically downloading and storing the contents of Website;

      • interfere or attempt to interfere with services we provide on the Website (“denial of service attacks”) including, but not limited to, “flooding” of networks, deliberate attempts to overload a service, attempts to “crash” the Website and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure;

      • circumvent, or attempt to circumvent, user authentication or security measures (“cracking”) of any Internet or intranet site or any of the accounts of our users or any other person using the Website, including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us;

      • circumvent, or attempt to circumvent, any protection measures (electronic or otherwise) in place to regulate or control access to the Website, including without limitation through the use of a virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;

      • upload files that are corrupted, contain viruses, bugs or any other similar software, code, component or programs which may damage the Website or cause interference to the services provided by us;

      • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, “crawl” or in any way gather the Website (including its Contents) or reproduce or circumvent the navigational structure or presentation of the Website (including its Contents) without our express prior written consent;

      • cache, frame or link to the Website without our prior written consent, or otherwise not in accordance with these Terms;

      •  interfere in any manner with the operation of the Website;

      • engage in any other conduct that is detrimental to us or any third party (including our service providers), or cause injury to, or attempt to harm us or any third party (including our services providers);

      • misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

      • gain or attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website

      • use our Website in any way that breaches any applicable law or regulation, or in any way that is unlawful or fraudulent or has unlawful or fraudulent purpose or effect;

      • distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content in any medium; or

      • permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Kerry Consulting or its licensors.

    5. INFORMATION AND CONTENTS ON THE WEBSITE

    • You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions. The Content may not be accurate, up to date, complete or untampered with, and is not to be relied upon.

    • Although we make reasonable efforts to update the content on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We will not be liable for any loss or damage caused by your reliance on information obtained through our Website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any content provided before taking, or refraining from, any action on the basis of any content on our Website.

    • We may place advertisements such as banners, java applets and/or such other materials for the purposes of advertising product and/or services (“Advertisements”) in different locations on the Website and at different points during your use of the Website. These locations and points may change from time to time. You will not be entitled to receive any payment, fee and/or commission in respect of the Advertisements.

    6. THIRD PARTY LINKS AND RESOURCES ON OUR WEBSITE

    • The Website may contain links to other sites which are neither maintained nor controlled by Kerry Consulting (“External Sites”), or may contain content posted on or via the Website by third parties. We have no control over the contents of those sites or resources and assume no responsibility for, the content, privacy policies, or practices of any third party websites. We make no representations, warranties or guarantees that the content contained therein is accurate, complete or up-to-date. In addition, we will not and cannot censor or edit the content of any third-party website. We will not be liable for any loss or damage caused by your reliance on such third party content. By using or accessing such contents, you acknowledge and agree that such use and access of any third party website is at your own risk, and you expressly relieve us from any and all liability arising from such use or access.

    7. LINKING TO OUR WEBSITE

    • You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    • We reserve the right to withdraw linking permission without notice.

    8. COOKIES

    • Kerry Consulting takes certain industry-accepted precautions to secure the Website or portions thereof. During your use of the Website, Kerry Consulting may issue to and request from your computer “cookies” to enable more convenient browsing when you revisit the Website.

    9. SECURITY AND RISKS

    • We do not guarantee that our Website will be secure or free from bugs or viruses. Where appropriate, we use available technology to protect the security of communications made through the Website. To the maximum extent permitted by applicable laws, we do not accept liability for the security, authenticity, integrity or confidentiality of any transaction or communications made through Website.

    • There is no guarantee that transactions on this Website or on the Internet will be maintained confidential and secure. You acknowledge and agree that there are inherent risks (including risks related to security, authenticity, integrity and confidentiality) in electronic communications, messaging and conducting transactions over electronic networks. To the maximum extent permitted by applicable laws, we expressly disclaim any liability for such risks made though the Website, which you agree to assume. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

    10. DATA PROTECTION

    • Any personal data or information which you provided to us is also subject to our Privacy Policy.

    11. LIMITATIONS ON LIABILITY AND GENERAL DISCLAIMERS

    • This Website and its Contents are provided “as is” and “as available” with no warranties whatsoever. To the maximum extent permitted by applicable laws, Kerry Consulting makes no guarantee, representation or warranty of any kind, whether express or implied:

      • regarding the timeliness, reliability, accuracy, completeness, accessibility, merchantability, quality, fitness for a particular purpose, operation or usefulness of any portion of the Website;

      • regarding the availability or appropriateness of the Website;

      • that the Website (including its Contents) or your use of the Website will not infringe the intellectual property or other proprietary rights of any third party;

      • that Website (including its Contents) will be error-free, continuously available or uninterrupted in operation, unhackable, uncompromisable, free of any data breach (inadvertently or intentionally through interference or interception by third parties) or free of bugs, computer viruses, unauthorised software, or other harmful codes or components not specifically mentioned herein;

      • that the Website (including its Contents) will contain information that is always timely and accurate;

      • that the Website will operate or function properly on your devices or operating systems; or

      • that the Website will not cause any damage to your devices or operating systems.

    • The use of this Website and the Content is voluntary and at your own risk. You are solely responsible for:

      • your reliance on the Website and its Contents, and the information available through the Website;

      • any liability, loss or damage that you may incur through use of the Website; and

      • all decisions or actions resulting from your use of the Website and its Contents.

    • To the maximum extent permitted by applicable law, Kerry Consulting, its affiliates, agents, licensors, or their respective directors or employees shall in no event be liable for:

      • any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        • use of, or inability to use, access or reliance on our Website (or any information, data or statement found thereon);

        • the performance of the Website or any delay or failure thereof;
        • any delay in operation or transmission, communication failure, Internet access difficulties or malfunction of equipment or software; or
        • use of or reliance on any content displayed on our Website;

      • any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Content on it, or on any website linked to it;

      • any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorise Kerry Consulting to make, or for any errors or any changes made to any transmitted, stored or received information;

      • any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if Kerry Consulting or any of its lawful agents or employees have been advised of the possibility of such damages or claim;

      • damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third- party Websites; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this Website or the Content; any other website accessed to or from this Website; or events beyond the reasonable control of Kerry Consulting even if we have been advised of the possibility of such damages or claim; or

      • any loss or damage arising from the unauthorized use or reproduction of any portion of the Website.

    • The accessibility and operation of the Website relies on technologies outside our control. We are not responsible for such technologies that are used or supported on the Website. You agree to bear all risks associated with these technologies.

    12. INDEMNITY

    • You agree at all times to indemnify, defend and hold harmless Kerry Consulting in respect of any and all actions, proceedings, costs, claims, damages, losses, demands, liabilities (whether civil or criminal) and expenses whatsoever (including legal and other fees and disbursement on a full indemnity basis) sustained, incurred or paid by Kerry Consulting, or asserted against them, directly or indirectly in respect of:

      • any breach of these Terms by you;

      • Your access, use or conduct in connection with the Content or this Website, including without limitation infringement claims;

      • any violation of the rights of any third party;

      • our reliance on information, data or records provided by you in connection with your use of the Website;

      • the occurrence of any event due to your act, omission or default which compromises the security or integrity of the Website or its Contents; or

      • your violation of any applicable law or the rights (including but without limitation to intellectual property rights and privacy rights) of any other person or entity.

    • You represent, undertake and warrant that you will not bring or allow to be brought any legal claim whether directly or indirectly arising in connection with your use of this Website or a breach of these Terms of Use, against Kerry Consulting.

    13. FORCE MAJEURE

    • We are not liable for any loss, damage or penalty resulting from delays or failures in performance if the delay or failure results from events beyond our reasonable control (a “Force Majeure Event”). Force Majeure Events shall include, but are not limited to, acts of God, war, hostility, invasion, act of foreign enemies, rebellion, revolution, riots, civil war, disturbances, requisitioning or other acts of civil or military authority, laws, regulations, acts or orders of any governmental authority, body, agency or official, fires, inclement weather, rain or floods (however caused), strikes, lock-outs or other labour disputes, epidemics, pandemics, outbreaks, embargoes, breakdown of equipment, plant or machinery (including, but not limited to, data centre, telecommunications systems and utility services) or other catastrophe.

    14. CONFIDENTIALITY

    • You shall, at all times, keep confidential all information provided by us or on our behalf that is marked or is by its nature confidential or proprietary (“Confidential Information”). You shall not disclose or permit to be disclosed the Confidential Information to any third party without our prior written consent. These obligations of confidentiality do not apply to information that is publicly available, already in your possession without confidentiality restrictions or required to be disclosed by order of a court or the relevant governmental authorities.

    15. MONITORING OF USE AND AUDIT

    • We reserve the right to monitor usage of the Website by any person and have the sole discretion to refuse access or use by any person at any time without having to give any reason or any prior notice.

    • You will be asked to account for any unauthorised access of the Website. You shall provide us with your fullest cooperation and all necessary support for the conduct of the audits at no cost to us.

    16. TECHNICAL REQUIREMENTS

    • You acknowledge and agree that for the Website to function, it requires a compatible device (including a mobile or computing device), appropriate third party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services and/or equipment to access and use the Website.

    17. WAIVERS/RIGHTS AND REMEDIES

    • No failure or delay by us in exercising any right or remedy provided by law under or pursuant to these Terms will impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any other or further exercise of it or the exercise of any other right or remedy.
    • Our rights and remedies under these Terms will not be affected, and your liabilities under these Terms will not be released, discharged or impaired by any event or matter whatsoever, other than a specific and duly authorised written waiver or release given by us. The rights and remedies under these Terms are cumulative and not exclusive of any other right or remedy provided by law or equity.

    18. NO THIRD PARTY RIGHTS

    • A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term provided in these Terms.

    19. ENTIRE AGREEMENT

    • These Terms and any and all legal notices on this Website constitute the entire agreement between you and Kerry Consulting with respect to the use of this Website and the Content. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions herein. No supplement, modification or amendment to these Terms and no waiver of any provision of these Terms shall be binding on Kerry Consulting unless executed by Kerry Consulting in writing. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

    20. SEVERABILITY

    • Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

    21. ASSIGNMENT

    • You may not transfer or assign any of your contractual rights or obligations without our prior written consent. We may, by notice in writing to you, transfer or assign or novate any of our contractual rights and obligations.

    22. GOVERNING LAW AND JURISDICTIONAL ISSUES

    • This Website and the Content (excluding linked websites or content) are controlled and operated by us, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Singapore. We do not represent or warrant that our Website is appropriate or available for use in any particular jurisdiction other than Singapore.

    • These Terms are governed by the laws of Singapore, without reference to the principles of conflicts of law. You submit to the non-exclusive jurisdiction of the courts of Singapore in relation to all disputes and any claim relating to use of this Website. 

    Kerry Consulting

    Website Terms of Use

    1. GENERAL
    • These terms and conditions (“Terms”) govern your use and access of our website located at www.kerryconsulting.com, applications (mobile, web-based or otherwise) and/or any information, services, contents, products or features that form part of such applications and websites (collectively, the “Website”).
    • In these Terms, “Kerry Consulting”, “we”, “us” and “our” refer to Kerry Consulting Pte Ltd (a company incorporated in Singapore, and operating at 6 Temasek Boulevard Suntec Tower 4 #31-05, 038986). “You” and “your” refer to any person and/or organization accessing, browsing, using and/or downloading, installing the Website.
    • By accessing, browsing, using, downloading and/or installing our Website, you shall be deemed to have accepted these Terms and that you agree to comply with them. If you do not agree to these Terms, please exit our Website immediately and, where applicable, uninstall our applications, and refrain from any further use or access to our Website.
    • We may revise these Terms at any time by amending this page without prior notice to you. Please check this page from time to time and review the Terms to ensure that you understand all the terms and conditions that apply to your access and use of the Website, as they are binding on you. Your continued access to and/or use of the Website indicate your acceptance of the revised Terms.
    • We may modify or discontinue any information or features that form part of the Website at any time, without notice to you, and without liability. We may also, in our discretion, cease to operate the Website at any time, but will give you advance notice of such intention.
    • These Terms will also apply to any updates or upgrades provided by us that replace and/or supplement any part of the Website, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.
    • We may also from time to time publish additional guidelines, rules and conditions applicable to the use of the Website. You agree to comply with these additional guidelines, rules and conditions, which are incorporated by reference into these Terms.
    • We reserve the right to change the URL(s) of the Website without prior notice to you.
    • Contact us: If you have any questions or feedback relating to the Website, please contact us at general@kerryconsulting.com.
    • These Terms refer to the following additional terms, which also apply to your use of our Website:
      • ourPrivacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

     

    1. ACCESSING OUR WEBSITE
    • Your use of this Website is subject to your compliance with these Terms. We grant you permission to use the Website according to these Terms solely for your own personal, non-commercial use, unless otherwise agreed. You represent, undertake and warrant to us that you will:
      • provide us with all necessary information and/or produce all necessary documents as may be required by us in order to provide you with products and services you need on the Website;
      • comply with all applicable laws and regulations with respect to your activities in connection with the Website; and
      • comply with all applicable security or encryption standards, rules, procedures and guidelines.
    • We do not guarantee that our Website will:
      • be continuously available or be uninterrupted;
      • not be susceptible to any cybersecurity breach or cannot be compromised and/or free of any data breach (inadvertently or intentionally through interference or interception by third parties);
      • be free of bugs or other harmful codes and components not specifically mentioned herein;
      • will contain information that is always timely and accurate as sometimes inaccuracies may occur; or
      • will be free from errors or omissions.
    • You are also responsible for ensuring that all persons who access our Website through Your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

     

    1. INTELLECTUAL PROPERTY RIGHTS
    • You agree that the Website, and any and all information and content on our Website, including not limited to, graphics, webpages, text, files, company names, source codes, photographs, music, videos, audio and images, interactive features, scripts, buttons, advertisements, documents, multimedia, the arrangement and compilation of contents, trademarks, logos, designs, and trade names (collectively the “Content”), are the property of Kerry Consulting, or its licensors, as the case may be.
    • References to any names, marks, products or services of third parties do not necessarily constitute or imply Kerry Consulting’s endorsement, sponsorship or recommendation of the third party, information, product or service. To the maximum extent permitted by law, we are not responsible and disclaim all liability for:-
      • such third party products, services, websites;
      • for any act or omission of these third parties; or
      • any dealings between you and these third parties, whether or not such dealings have been performed or facilitated through our Website.
    • We (or where applicable, our licensors) retain all legal, equitable and moral rights in the Website and its Contents that have not been expressly granted to you. You acknowledge that you have no right, title or interest in and to the Website and its Contents and you agree not to challenge their validity or our ownership of or rights to them.
    • Kerry Consulting hereby grants to You a personal, non-transferable and non-exclusive license to access and read the Content for your own personal, non-commercial use only. All Contents on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without our or the relevant owner’s prior written consent. You must not modify, adapt, translate, decompile, alter, disassemble, reverse engineer or create derivative works from any Content from the Website or copy, reproduce, republish, upload, post, transmit, distribute or otherwise communicate or cause to be displayed to the public any Content, or any modification, adaptation, translation, decompilation, alteration, disassembly, reverse engineering or derivative works created from any Content, without our or the relevant owner’s prior written consent. You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

     

    1. RESTRICTION ON USE
    • You agree that you will not, and will not permit any other party to:
      • create derivative works of, reverse engineer, adapt, translate, modify, copy, sell, transfer, host, publish, decompile, disassemble, make available to any person or otherwise use, either directly or indirectly, the Website and its Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
      • attempt to derive the source code or structure of the Website;
      • use or merge the Website, or any component or element thereof, with other software, databases or services not provided or authorised by us;
      • publish, transmit, post, upload or maintain any defamatory, obscene, threatening, malicious or otherwise objectionable material, or any other material in violation of any statute, rule or regulation in any jurisdiction to which you are subject;
      • publish, transmit, post, upload or maintain any content or material that is inaccurate or that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights;
      • create a database by systematically downloading and storing the contents of Website;
      • interfere or attempt to interfere with services we provide on the Website (“denial of service attacks”) including, but not limited to, “flooding” of networks, deliberate attempts to overload a service, attempts to “crash” the Website and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure;
      • circumvent, or attempt to circumvent, user authentication or security measures (“cracking”) of any Internet or intranet site or any of the accounts of our users or any other person using the Website, including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us;
      • circumvent, or attempt to circumvent, any protection measures (electronic or otherwise) in place to regulate or control access to the Website, including without limitation through the use of a virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;
      • use any kind of program/script/command
        /application, or send messages of any kind, designed to, in any manner interfere with any user’s terminal session;
      • upload files that are corrupted, contain viruses, bugs or any other similar software, code, component or programs which may damage the Website or cause interference to the services provided by us;
      • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, “crawl” or in any way gather the Website (including its Contents) or reproduce or circumvent the navigational structure or presentation of the Website (including its Contents) without our express prior written consent;
      • develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Website;
      • remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Website;
      • cache, frame or link to the Website without our prior written consent, or otherwise not in accordance with these Terms;
      • interfere in any manner with the operation of the Website;
      • engage in any other conduct that is detrimental to us or any third party (including our service providers), or cause injury to, or attempt to harm us or any third party (including our services providers);
      • misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
      • gain or attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website
      • use our Website in any way that breaches any applicable law or regulation, or in any way that is unlawful or fraudulent or has unlawful or fraudulent purpose or effect;
      • distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content in any medium; or
      • permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Kerry Consulting or its licensors.

     

    1. INFORMATION AND CONTENTS ON THE WEBSITE
    • You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions. The Content may not be accurate, up to date, complete or untampered with, and is not to be relied upon.
    • Although we make reasonable efforts to update the content on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We will not be liable for any loss or damage caused by your reliance on information obtained through our Website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any content provided before taking, or refraining from, any action on the basis of any content on our Website.
    • We may place advertisements such as banners, java applets and/or such other materials for the purposes of advertising product and/or services (“Advertisements”) in different locations on the Website and at different points during your use of the Website. These locations and points may change from time to time. You will not be entitled to receive any payment, fee and/or commission in respect of the Advertisements.

     

    1. THIRD PARTY LINKS AND RESOURCES ON OUR WEBSITE
    • The Website may contain links to other sites which are neither maintained nor controlled by Kerry Consulting (“External Sites”), or may contain content posted on or via the Website by third parties. We have no control over the contents of those sites or resources and assume no responsibility for, the content, privacy policies, or practices of any third party websites. We make no representations, warranties or guarantees that the content contained therein is accurate, complete or up-to-date. In addition, we will not and cannot censor or edit the content of any third-party website. We will not be liable for any loss or damage caused by your reliance on such third party content. By using or accessing such contents, you acknowledge and agree that such use and access of any third party website is at your own risk, and you expressly relieve us from any and all liability arising from such use or access.

     

    1. LINKING TO OUR WEBSITE
    • You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • We reserve the right to withdraw linking permission without notice.

     

    1. COOKIES
    • Kerry Consulting takes certain industry-accepted precautions to secure the Website or portions thereof. During your use of the Website, Kerry Consulting may issue to and request from your computer “cookies” to enable more convenient browsing when you revisit the Website.

     

    1. SECURITY AND RISKS
    • We do not guarantee that our Website will be secure or free from bugs or viruses. Where appropriate, we use available technology to protect the security of communications made through the Website. To the maximum extent permitted by applicable laws, we do not accept liability for the security, authenticity, integrity or confidentiality of any transaction or communications made through Website.
    • There is no guarantee that transactions on this Website or on the Internet will be maintained confidential and secure. You acknowledge and agree that there are inherent risks (including risks related to security, authenticity, integrity and confidentiality) in electronic communications, messaging and conducting transactions over electronic networks. To the maximum extent permitted by applicable laws, we expressly disclaim any liability for such risks made though the Website, which you agree to assume. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

     

    1. DATA PROTECTION
    • Any personal data or information which you provided to us is also subject to our Privacy Policy (available at [ insert as applicable ]), which is incorporated by reference into these Terms.

     

    1. LIMITATIONS ON LIABILITY AND GENERAL DISCLAIMERS
    • This Website and its Contents are provided “as is” and “as available” with no warranties whatsoever. To the maximum extent permitted by applicable laws, Kerry Consulting makes no guarantee, representation or warranty of any kind, whether express or implied:
      • regarding the timeliness, reliability, accuracy, completeness, accessibility, merchantability, quality, fitness for a particular purpose, operation or usefulness of any portion of the Website;
      • regarding the availability or appropriateness of the Website;
      • that the Website (including its Contents) or your use of the Website will not infringe the intellectual property or other proprietary rights of any third party;
      • that Website (including its Contents) will be error-free, continuously available or uninterrupted in operation, unhackable, uncompromisable, free of any data breach (inadvertently or intentionally through interference or interception by third parties) or free of bugs, computer viruses, unauthorised software, or other harmful codes or components not specifically mentioned herein;
      • that the Website (including its Contents) will contain information that is always timely and accurate;
      • that the Website will operate or function properly on your devices or operating systems; or
      • that the Website will not cause any damage to your devices or operating systems.
    • The use of this Website and the Content is voluntary and at your own risk. You are solely responsible for:
      • your reliance on the Website and its Contents, and the information available through the Website;
      • any liability, loss or damage that you may incur through use of the Website; and
      • all decisions or actions resulting from your use of the Website and its Contents.
    • To the maximum extent permitted by applicable law, Kerry Consulting, its affiliates, agents, licensors, or their respective directors or employees shall in no event be liable for:
      • any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        • use of, or inability to use, access or reliance on our Website (or any information, data or statement found thereon);
        • the performance of the Website or any delay or failure thereof;
        • any delay in operation or transmission, communication failure, Internet access difficulties or malfunction of equipment or software; or
        • use of or reliance on any content displayed on our Website;
      • any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Content on it, or on any website linked to it;
      • any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorise Kerry Consulting to make, or for any errors or any changes made to any transmitted, stored or received information;
      • any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if Kerry Consulting or any of its lawful agents or employees have been advised of the possibility of such damages or claim;
      • damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party Websites; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this Website or the Content; any other website accessed to or from this Website; or events beyond the reasonable control of Kerry Consulting even if we have been advised of the possibility of such damages or claim; or
      • any loss or damage arising from the unauthorized use or reproduction of any portion of the Website.
    • The accessibility and operation of the Website relies on technologies outside our control. We are not responsible for such technologies that are used or supported on the Website. You agree to bear all risks associated with these technologies.
    • The limitation in Clause 5 applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.

     

    1. INDEMNITY
    • You agree at all times to indemnify, defend and hold harmless Kerry Consulting in respect of any and all actions, proceedings, costs, claims, damages, losses, demands, liabilities (whether civil or criminal) and expenses whatsoever (including legal and other fees and disbursements on a full indemnity basis) sustained, incurred or paid by Kerry Consulting, or asserted against them, directly or indirectly in respect of:
      • any breach of these Terms by you;
      • Your access, use or conduct in connection with the Content or this Website, including without limitation infringement claims;
      • any violation of the rights of any third party;
      • our reliance on information, data or records provided by you in connection with your use of the Website;
      • the occurrence of any event due to your act, omission or default which compromises the security or integrity of the Website or its Contents; or

      • your violation of any applicable law or the rights (including but without limitation to intellectual property rights and privacy rights) of any other person or entity.

    • You represent, undertake and warrant that you will not bring or allow to be brought any legal claim whether directly or indirectly arising in connection with your use of this Website or a breach of these Terms of Use, against Kerry Consulting.

     

    1. FORCE MAJEURE
    • We are not liable for any loss, damage or penalty resulting from delays or failures in performance if the delay or failure results from events beyond our reasonable control (a “Force Majeure Event”). Force Majeure Events shall include, but are not limited to, acts of God, war, hostility, invasion, act of foreign enemies, rebellion, revolution, riots, civil war, disturbances, requisitioning or other acts of civil or military authority, laws, regulations, acts or orders of any governmental authority, body, agency or official, fires, inclement weather, rain or floods (however caused), strikes, lock-outs or other labour disputes, epidemics, pandemics, outbreaks, embargoes, breakdown of equipment, plant or machinery (including, but not limited to, data centre, telecommunications systems and utility services) or other catastrophe.

     

    1. CONFIDENTIALITY
    • You shall, at all times, keep confidential all information provided by us or on our behalf that is marked or is by its nature confidential or proprietary (“Confidential Information”). You shall not disclose or permit to be disclosed the Confidential Information to any third party without our prior written consent. These obligations of confidentiality do not apply to information that is publicly available, already in your possession without confidentiality restrictions or required to be disclosed by order of a court or the relevant governmental authorities.

     

    1. MONITORING OF USE AND AUDIT
    • We reserve the right to monitor usage of the Website by any person and have the sole discretion to refuse access or use by any person at any time without having to give any reason or any prior notice.
    • You will be asked to account for any unauthorised access of the Website. You shall provide us with your fullest cooperation and all necessary support for the conduct of the audits at no cost to us.

     

    1. TECHNICAL REQUIREMENTS
    • You acknowledge and agree that for the Website to function, it requires a compatible device (including a mobile or computing device), appropriate third party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services and/or equipment to access and use the Website.

     

    1. WAIVERS/RIGHTS AND REMEDIES
    • No failure or delay by us in exercising any right or remedy provided by law under or pursuant to these Terms will impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any other or further exercise of it or the exercise of any other right or remedy.
    • Our rights and remedies under these Terms will not be affected, and your liabilities under these Terms will not be released, discharged or impaired by any event or matter whatsoever, other than a specific and duly authorised written waiver or release given by us. The rights and remedies under these Terms are cumulative and not exclusive of any other right or remedy provided by law or equity.

     

    1. NO THIRD PARTY RIGHTS
    • A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term provided in these Terms.

     

    1. ENTIRE AGREEMENT
    • These Terms and any and all legal notices on this Website constitute the entire agreement between you and Kerry Consulting with respect to the use of this Website and the Content. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions herein. No supplement, modification or amendment to these Terms and no waiver of any provision of these Terms shall be binding on Kerry Consulting unless executed by Kerry Consulting in writing. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

     

    1. SEVERABILITY
    • Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

     

    1. ASSIGNMENT
    • You may not transfer or assign any of your contractual rights or obligations without our prior written consent. We may, by notice in writing to you, transfer or assign or novate any of our contractual rights and obligations.

     

    1. GOVERNING LAW AND JURISDICTIONAL ISSUES
    • This Website and the Content (excluding linked websites or content) are controlled and operated by us, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Singapore. We do not represent or warrant that our Website is appropriate or available for use in any particular jurisdiction other than Singapore.
    • These Terms are governed by the laws of Singapore, without reference to the principles of conflicts of law. You submit to the non-exclusive jurisdiction of the courts of Singapore in relation to all disputes and any claim relating to use of this Website. Any claim you may have against us in connection with these Terms or your access and use of our Website must be commenced within one (1) year from the claim arising.
     
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