The Beautiful Memories’ Disclaimer Policy

Website disclaimer

  1. Introduction

1.1    This disclaimer shall govern your use of our website.

1.2    By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3    Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

  1. Credit

2.1    This document was created using a template from SEQ Legal (http://www.seqlegal.com).

  1. Copyright notice

3.1    Copyright (c) 2015 Yellows Digital Pte Ltd & The Beautiful Memories.

3.2    Subject to the express provisions of this disclaimer:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to use website

4.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser; and

(c)    print pages from our website,

subject to the other provisions of this disclaimer.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3    You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

4.5    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

5.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e)    [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f)    [violate the directives set out in the robots.txt file for our website]; or

(g)    [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

  1. Limited warranties

6.1    We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

6.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3    To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

  1. Limitations and exclusions of liability

7.1    Nothing in this disclaimer will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

7.2    The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a)    are subject to Section 7.1; and

(b)    govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Variation

8.1    We may revise this disclaimer from time to time.

8.2    The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

  1. Severability

9.1    If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2    If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Law and jurisdiction

10.1  This disclaimer shall be governed by and construed in accordance with [English law].

10.2  Any disputes relating to this disclaimer shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].

  1. Statutory and regulatory disclosures

11.1  We are registered in Singapore; you can find the online version of the register at [URL], and our registration number is 201513803N

11.2  We are subject to laws of Singapore.

11.3  We are registered as Yellows Digital Pte Ltd with ACRA  in Singapore and are subject to Singapore Law.

  1. Our details

12.1  This website is owned and operated by Yellows Digital Pte Ltd.

12.2  We are registered in Singapore under registration number 201413803N, and our registered office is at 1004 Toa Payoh Industrial Park, #02-1485, Singapore 319076.

12.3  Our principal place of business is at 1004 Toa Payoh Industrial Park, #02-1485, Singapore 319076.

12.4  You can contact us:

(a)    by post, using the postal address Above Address;

(b)    our Contact Form

(c)    6255 5317 or

(d)    info@tbm.sg

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you subscribe to a newsletter or enter information on our site.

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      • To improve our website in order to better serve you.
      • To allow us to better service you in responding to your customer service requests.
      • To administer a contest, promotion, survey or other site feature.
      • To send periodic emails regarding your order or other products and services.

 

How do we protect visitor information?
We do not use vulnerability scanning and/or scanning to PCI standards.

We do not use Malware Scanning.

We do not use an SSL certificate
      • We do not need an SSL because:

 

Do we use ‘cookies’?
We do not use cookies for tracking purposes
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders .

 

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:
Users can visit our site anonymously
Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.
Users will be notified of any privacy policy changes:
      • On our Privacy Policy Page
Users are able to change their personal information:
      • By emailing us
How does our site handle do not track signals?
We don’t honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We don’t honor them because:
Does our site allow third party behavioral tracking?
It’s also important to note that we allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.
Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
      • Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
To be in accordance with CANSPAM we agree to the following:

If at any time you would like to unsubscribe from receiving future emails, you can email us at

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.
yellows.sg

1004 Toa Payoh Industrial Park, #02-1485

Singapore, Singapore 319076

Singapore
hello@yellows.sg
Last Edited on 2015-11-30