Welcome to our website (“Site”). Please read the following Website Terms and Conditions carefully (including our Privacy Policy (collectively “Website Conditions”) before using this Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to MandarinaKids Pte. Ltd. (“MandarinaKids”).

By accessing this Site and/or using the Services, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately.

1. Agreement

1.1 You hereby represent and warrant that you have read and agree to these Website Terms and Conditions (including our Privacy Policy).

1.2 MandarinaKids reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. MandarinaKids may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

1.3 MandarinaKids may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to cease using the Site and Services.

2. Definitions

2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:

“Agreement” means the agreement formed by these Website Conditions.

“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.

“Content” means materials, information, news, recipes, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, webcasts, podcasts, broadcasts, software, comments, suggestions, ideas and other content.

“Linked Sites” is defined in Clause REF _Ref168995301 \r \h 8.1.

“MandarinaKids Content” means all Content of MandarinaKids that is made available on or via this Site.

“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.

“Services” is defined in Clause REF _Ref168976202 \r \h 3.2.

“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.

“User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.

2.2 The words “include” and “including” shall not be construed as having any limiting effect.

2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

3. Site and Services

3.1 The Site is owned and maintained by MandarinaKids.

3.2 MandarinaKids may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):

3.2.1 access to a collection of information, news, products, services, recipes, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and other types of works;

3.2.2 search engines or tools;

3.2.3 message boards, forums, blogs, communication tools;

3.2.4 email alerts; and

3.2.5 any other features, content or applications that MandarinaKids may offer at the Site from time to time in its sole and absolute discretion.

4 Content Use Conditions

4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:

4.1.1 any Service;

4.1.2 the Site;

4.1.3 any MandarinaKids Content except, to the extent permitted, with the prior written consent of MandarinaKids or unless expressly permitted in these Website Conditions; or

4.1.4 any Third Party User Content except, to the extent permitted, with the prior written consent of MandarinaKids and the owner or licensee of the specific User Content.

4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, MandarinaKids Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of MandarinaKids.

4.3 You may for your personal, non-commercial use:

4.3.1 retrieve and display MandarinaKids Content on any compatible device owned by you;

4.3.2 print a single copy of MandarinaKids Content on paper (but not photocopy them); and

4.3.3 store such MandarinaKids Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).

4.4 All MandarinaKids Content are the copyrighted work of MandarinaKids or its content or software providers, and MandarinaKids reserves and retains all rights in the MandarinaKids Content. Use of some MandarinaKids Content may be governed by the terms of an accompanying end user license agreement.

4.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any MandarinaKids Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or MandarinaKids in writing.

5. Intellectual Property

5.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all MandarinaKids Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with MandarinaKids.

5.2 The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of MandarinaKids or other third parties, and all rights to the Marks are expressly reserved by MandarinaKids or relevant third parties. You are not permitted to use any Marks without the prior written consent of MandarinaKids or such third party. The name of MandarinaKids or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of MandarinaKids.

5.3 The domain name on which the Site is hosted on is the sole property of MandarinaKids and you may not use or otherwise adopt a similar name for your own use.

5.4 If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us at the address or email address specified in Clause 11.2..

6. Online Conduct

6.1 You hereby undertake:

6.1.1 to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by MandarinaKids from time to time (which are hereby incorporated by reference into these Website Conditions);

6.1.2 not to use the Site or any Service or MandarinaKids Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;

6.1.3 not to publish or upload any User Content that is illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, or disrespectful in nature; and

6.1.4 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

7. Disclaimers & Limitations

7.1 While we make every effort to ensure that all MandarinaKids Content displayed on the Site is accurate and complete, we provide the MandarinaKids Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, MandarinaKids disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, MandarinaKids does not warrant that the functions contained in or access to the Site, Services, MandarinaKids Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, MandarinaKids Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any MandarinaKids Content in or with any Computer will not affect the functionality or performance of the Computer. MandarinaKids does not warrant or make any representations regarding the use or the results of the use of the MandarinaKids Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not MandarinaKids) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold MandarinaKids liable for the loss of any of your User Content that is due to any circumstances beyond the control of MandarinaKids.

7.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.

7.3 You acknowledge that MandarinaKids may, but is not obliged to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that MandarinaKids does not endorse and shall not be responsible for any such content.

7.4 You agree that all statements, offers, information, opinions, materials, and User Content, from other users and from advertisers and other third parties on this Site or any Linked Sites should be used, accepted and relied upon only with care and discretion and at your own risk, and MandarinaKids shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

7.5 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we will endeavour to remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.

7.6 You agree that:

7.6.1 MandarinaKids shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and

7.6.2 access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,

and in any such event, MandarinaKids shall not be liable for any loss, liability or damage which may be incurred as a result.

7.7 In no event shall MandarinaKids be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the MandarinaKids Content, User Content, Services, any Computers, the Site, or any other website. In the event that MandarinaKids is liable for damages despite the foregoing provision, you agree that MandarinaKids’s aggregate liability to you for any and all causes of action in relation to the MandarinaKids Content, Services, Site, and the Agreement, shall not exceed $1.

7.8 Under no circumstances, including, but not limited to, negligence, shall MandarinaKids be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the MandarinaKids Content, Services, Site, or any other website, even if MandarinaKids or a MandarinaKids authorised representative has been advised of, or should have foreseen, the possibility of such damages.

7.9 You agree that the above exclusions and limitations of liability enable the Services and the MandarinaKids Content to be provided by MandarinaKids at either reasonable costs or no costs to you.

8. Linked Sites

8.1 MandarinaKids may provide links, plug-ins, widgets or other connections to other sites (“Linked Sites”) that may be of relevance and interest to users. MandarinaKids has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites. MandarinaKids does not endorse, recommend or guarantee any of the Linked Sites, and MandarinaKids expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.

9. Data Use & Privacy

9.1 Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

10. Termination

10.1 You agree that MandarinaKids has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.

11. Notification of Infringement

11.1 MandarinaKids reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of MandarinaKids Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site, please notify MandarinaKids in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).

11.2 All Infringement Notices shall be sent to MandarinaKids addressed as follows:

MandarinaKids Pte. Ltd.
Newton Post Office
P.O. Box 159
Singapore 912206
Email: Lelia@mandarinakids.com

11.3 MandarinaKids will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against MandarinaKids in respect of any Infringing Material, unless you have first given MandarinaKids the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter MandarinaKids refuses or fails to remove the Infringing Material within a reasonable time. Where MandarinaKids removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against MandarinaKids under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by MandarinaKids.

11.4 You acknowledge and agree that MandarinaKids has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.

12. Jurisdictional Issues

12.1 MandarinaKids makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Indemnity

13.1 You agree to indemnify and hold MandarinaKids, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

13.1.1 any use of the Site or any Service;

13.1.2 your connection to the Site;

13.1.3 your breach of any terms and conditions of these Website Conditions;

13.1.4 your violation of any rights of another person or entity; or

13.1.5 your breach of any statutory requirement, duty or law.

14. Severability

14.1 If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.

15. Relationship of Parties

15.1 Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between MandarinaKids and you and neither party shall have any authority to bind the other in any way.

16. Waiver

16.1 No waiver of any rights or remedies by MandarinaKids shall be effective unless made in writing and signed by an authorised representative of MandarinaKids.

16.2 A failure by MandarinaKids to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

17 Rights of Third Parties

17.1 A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

18. Force Majeure

18.1 No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

18.2 For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

19. Governing Law & Jurisdiction

19.1 These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

19.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.