1.1. These General Terms and Conditions (the “General Terms and Conditions“) apply exclusively between:
a. Brain Food Publishing Pte Ltd. (Company Registration No.: 201920052W), a company incorporated in Singapore and having its registered office at 170 Upper Bukit Timah Road #05-54 Singapore 588179 (“Brain Food Publishing Pte Ltd.“, “we“, “our” or “us“), and
b. any person accessing or using the Portal (as defined below) (“User” or “you“, and collectively with Brain Food Publishing Pte Ltd., the “Parties“, and each, a “Party“).
The term “Brain Food Publishing Pte Ltd.” (or “we“, “our” and “us“) includes (a) all members, subsidiaries and affiliates of Brain Food Publishing Pte Ltd.; and (b) all subsidiaries, affiliates, successors, and assigns of the parties in (a).
The term, “User” or “you” includes both businesses and representatives of businesses.
1.2 Brain Food Publishing Pte Ltd. has developed a portal, www.learning.edu.sg (“Portal”), which is an online education portal designed to aid end-users in their examination revision. (the “Portal”). Features, services and Content include setting up profiles, and analysis and comparison of end user data. Brain Food Publishing Pte Ltd. may, from time to time and at its sole discretion, vary the Portal’s services, features or Content.
1.3. Without prejudice to any other provision in these General Terms and Conditions, by creating an account on the Portal and otherwise accessing and using the Portal, you represent, acknowledge, warrant and undertake:
a. to have read and fully understood, accept, comply with, and be bound by, the General Terms and Conditions;
c. that you are over 18 years of age and have the legal capacity to enter into contracts with us and be bound by the General Terms and Conditions; and
d. to comply with all applicable laws, regulations and rules in relation to your access to, and use of, the Portal.
1.4. These General Terms and Conditions shall prevail notwithstanding any User amendments to it. Any amended terms or conditions submitted, proposed or stipulated by the User, regardless of whether Brain Food Publishing Pte Ltd. has objected to them explicitly, are expressly waived and excluded.
1.5. Brain Food Publishing Pte Ltd. reserves the right to amend, modify, update, change or otherwise alter these General Terms and Conditions at any time (“Updates”). You are advised to read these General Terms and Conditions carefully and to check regularly for any Updates. As these General Terms and Conditions will govern your access or use of the Portal, please review these General Terms and Conditions each time you use the Portal. If you do not agree to any change, update or modification to the General Terms and Conditions, you must immediately stop using the Portal. Your continued use of the Portal after Updates are made means that you consent to such Updates.
2.1. Access to the Portal
2.1.1. Your access to the Portal is subject to your compliance with the General Terms and Conditions and any other requirements that Brain Food Publishing Pte Ltd. may impose. Accessing and using the Portal requires you to sign up for an account in accordance with Clause 2.3. Your access to, and use of certain services, features and Content, may require payment.
2.1.2. Brain Food Publishing Pte Ltd. does not guarantee that access to or use of the Portal, or any Content on it will always be available or uninterrupted. Brain Food Publishing Pte Ltd. reserves the right to, at its sole discretion and without prior notice or specifying any reasons:
a. reject any request for access to and usage of the Portal;
b. block, suspend, withdraw, or discontinue your access and usage of the Portal (whether temporarily or permanently); or
c. change all or any part of the Portal and any Content on it.
2.1.3. Brain Food Publishing Pte Ltd. may also at any time suspend the Portal’s availability. This can be for reasons such as software update and maintenance, server upgrade, systems backup and recovery, shutdown of operations, or server relocation. Where reasonably practicable, such disruptions shall be published on our newsfeed .
2.1.4. To avoid doubt, the scope of the Content and services provided through the Portal is based on the availability or the functionality of the Portal at any given time.
2.2. Using the Portal
2.2.1. Users are personally responsible for fulfilling technical requirements necessary for accessing and using the Portal. Brain Food Publishing Pte Ltd. shall be under no obligation to you in this regard.
2.2.3. You may not, directly or indirectly, use the Portal in any way that:
a. could breach any applicable law, regulation, rule, provisions under the governing instrument of any legal entity or any agreement you are bound by;
b. is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c. could impair its operation or pose an excessive load on the Portal’s servers;
d. may be perceived as damaging to Brain Food Publishing Pte Ltd.’s reputation and goodwill or otherwise compromise Brain Food Publishing Pte Ltd.’s interests;
e. may result in annoyance, harassment, abuse or harm to another User. This includes sending “junk mail”, “pyramid schemes”, “spam”, unsolicited or unauthorised advertising in relation to any goods or services, or otherwise unwelcome communication. Unwelcome communication includes (i) sending invitations and messages to Users or other people who do not know you or are not a known contact of yours, as well as; (ii) unlawful, fraudulent, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable communication;
f. could constitute an attempt to copy, duplicate, modify, create derivative works from, sell, rent, loan, sublicense, distribute, or otherwise monetise all or any portion of the Portal or the Contents of the Portal, except where it is permitted by (or provided for) in the Portal;
g. could constitute an attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Portal, except where it is permitted by (or provided for) in the Portal;
h. removes or alters any copyright notices, watermarks, restrictions and signs indicating Brain Food Publishing Pte Ltd.’s proprietary rights, the rights of any of our licensors or the rights of any other third parties;
i. uses manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Portal or any related data or information;
j. accesses all or any part of the Portal in order to build a product or service which competes with the Portal; or
k. knowingly transmits any data, sends or uploads any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (collectively, “Malware“),
failing which your rights to use the Portal will automatically terminate without notice from us. If this happens, Brain Food Publishing Pte Ltd. reserves the right to reject requests for, and terminate without notice, your access to or use of the Portal.
2.2.4. If there are additional third-party terms contained within, or distributed with, the Portal, these will be specifically identified in related documentation relating to the Portal (or software incorporated with the Portal). Such documentation will govern the use of such software in the event of a conflict with these General Terms and Conditions.
2.3. Account and Password
2.3.1. If you choose to create an account on the Portal, you must complete our registration process by providing current, complete and accurate information relating to you. If there are any changes to such information during your time as a User, you are responsible for correcting the relevant information as soon as possible. You are responsible for all use of your account and for keeping your user name and password secure and confidential.
2.3.2. You agree to notify Brain Food Publishing Pte Ltd. immediately if you know of or suspect any unauthorised use of your account or any other breach of security. You are responsible for ensuring that access to the account as well as use of the Portal connected to the account remains exclusively limited to yourself. You are liable for any use and/or other activity conducted through use of your access data.
2.4. Subscription and Purchase
2.4.1. Upon purchasing a subscription plan, the User shall pay to Brain Food Publishing Pte Ltd. fees in connection with the subscription plan selected on the Portal (“Subscription Fees”). Unless otherwise agreed upon, all Subscription Fees are due at the beginning of each month as specified, and will be charged through the method of payment selected. Subscription Fees are exclusive of taxes, duties, levies, tariffs, bank charges and other payments due to third parties, including but not limited to Goods and Services Tax (collectively, “Third-Party Charges”), which may be separately invoiced where applicable. The User shall be liable and responsible for payment of all Third-Party Charges and other interest and penalties resulting from the making of such payments. Failure to pay these fees will result in the termination of your paid subscription plan and Portal access.
2.4.2. Any Subscription Fees charged in error shall be refundable upon Brain Food Publishing Pte Ltd. confirming the error.
2.4.3. A User shall be entitled to a refund of Subscription Fees if:,
a. the User attempts less than 10 questions on the Portal within one weekof the User’s subscription plan commencing; or
b. the User requests to terminate the User’s subscription plan within one week of the User’s subscription plan commencing.
2.4.4. When a User’s Subscription Plan ends, the User will lose access to the Portal until a new Subscription Plan has been purchased.
2.4.5. Termination of a User’s Subscription Plan will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination. This includes the right to claim damages in respect of any breach of the plan which existed at or before the date of termination.
2.4.6. Termination of a Subscription Plan will not by itself stop you from accessing the Trial Version ,or mean that these General Terms and Conditions have been terminated.
2.5.1. The Portal and all information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on it (hereinafter referred to as “Content”) are owned by Brain Food Publishing Pte Ltd., its software suppliers and/or other third parties (which may be indicated by trademarks, logos, links to or from an external source, or otherwise).
2.5.2. Subject to compliance with these General Terms and Conditions and unless otherwise specified, Brain Food Publishing Pte Ltd. grants you a non-exclusive, non-transferable, terminable license to view and use the Content on the Portal. You acknowledge and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, displaying, downloading, transferring licensing or selling any Content or services obtained from the Portal, except as expressly permitted by Brain Food Publishing Pte Ltd..
2.5.3. Brain Food Publishing Pte Ltd. makes no representations, warranties or guarantees, whether express or implied, that the Content on the Portal is accurate, complete or up-to-date. Brain Food Publishing Pte Ltd. reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without notifying you.
2.6. Intellectual Property Rights
Brain Food Publishing Pte Ltd. reserves all of its intellectual property rights in the Portal. Using the Portal does not give you any ownership or interest in the Portal, services, features or the Content made available through the Portal. Trademarks and logos used in connection with the Portal are be the trademarks of their respective owners. “Brain Food Publishing Pte Ltd.” logos and other “Brain Food Publishing Pte Ltd.” trademarks, service marks, graphics, and logos used for the Portal are Brain Food Publishing Pte Ltd.’s trademarks or registered trademarks.
3.1. Any User-Generated Content and other third-party content referred to, or linked through, the Portal under Clause 3.2 represents content created by third parties (“Third-Party Content”). Brain Food Publishing Pte Ltd. does not verify Third-Party Content for completeness, accuracy, legality or validity. Brain Food Publishing Pte Ltd. therefore assumes no responsibility nor makes any guarantee of the completeness, accuracy, legality, validity or currency of Third-Party Content, or its suitability for any particular purpose.
3.2. The Portal may include links to third party websites that let you leave the Portal. You may also access the Portal through third party websites. These linked sites are not under Brain Food Publishing Pte Ltd.’s control, and Brain Food Publishing Pte Ltd. is not liable or responsible for the accuracy, completeness, timeliness or availability of any Third-Party Content. Links to any third-party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by Brain Food Publishing Pte Ltd. of the website. Your use of such third-party website is at your own risk and may be subject to that third party’s terms and conditions.
3.3. User-Generated Content
3.3.1. Brain Food Publishing Pte Ltd. does not claim ownership over the content, including any information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, titles, names that you submit, upload, post or publish on the Portal (“User-Generated Content”).
3.3.2. For any User-Generated Content covered by intellectual property rights, including any trademark or trade names of your business or related to your business, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User-Generated Content that you upload or submit in connection with the Portal. In this regard:
a. you may terminate this User-Generated Content licence by deleting such content from the Portal, or generally by closing your account, except (i) to the extent you shared it with others on the Portal and they copied or stored it; and (ii) for the reasonable time it takes to remove from backup and other systems;
b. we have the right, without compensation to you or others, to serve advertisement near or in such User-Generated Content; and
c. we may, at our sole discretion and without prior notice to you, delete (in part or entirely), modify, edit or format your User-Generated Content (such as translating it, modifying size, layout or file type, or removing metadata).
3.3.4. Brain Food Publishing Pte Ltd. has the right to disclose your identity to any third party who claims that User-Generated Content you have submitted, uploaded, posted or published on the Portal constitutes a violation of their intellectual property rights, or of their right to privacy. In this regard:
a. Brain Food Publishing Pte Ltd. will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other user of the Portal; and
b. Brain Food Publishing Pte Ltd. is not obligated to post or publish any User-Generated Content and can remove or modify such content at our sole discretion, with our without notice.
3.3.5. You agree and represent that any User-Generated Content that you post, upload or submit for the Portal:
1. is owned by you;
2. does not result in a breach of contract between you and a third party; and
3. complies with applicable laws.
3.3.6. You agree and undertake that you shall not submit, upload, post or publish on the Portal, any User-Generated Content that:
a. is not related to appropriate subject matter and that is not intended for, or inaccurate for, its purpose;
b. contains Malware;
c. infringes any third party intellectual property rights;
d. is unlawful, fraudulent, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
e. promotes any illegal activity;
f. is likely to mislead or deceive any person, including but not limited to using a false name, portrait photograph, or otherwise misrepresenting your identity;
g. is in breach of any legal duty owed to a third party, such as a tortious, statutory, or contractual duty including but not limited to a duty of confidence, and a duty not to misrepresent (your business or any other matter);
h. advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
i. intentionally or unintentionally breaches any applicable law, regulation, rule, provisions under the governing instrument of any legal entity.
3.3.7. User-Generated Content does not represent Brain Food Publishing Pte Ltd.’s views, opinions, advice, values or beliefs. Brain Food Publishing Pte Ltd. makes no claim of accuracy of any User-Generated Content.
3.3.8.Brain Food Publishing Pte Ltd. will determine, in its sole discretion, whether there has been a breach of this Clause 3 through your use of the Portal. Brain Food Publishing Pte Ltd. reserves the right, without prior notice to you, to take any action as Brain Food Publishing Pte Ltd. deems appropriate, including the following actions:
a. immediately, temporarily or permanently remove any User-Generated Content from the Portal, at any time and for any reason;
b. immediately, temporarily or permanently withdraw your right to use the Portal, by deleting or disabling your account at any time;
c. issue a warning to you;
d. take legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach; and
e. take legal action (in addition to any legal proceedings described in (d)) against you.
4.1. Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s employees, officers, sub-contracts or agents (collectively, “Brain Food Publishing Pte Ltd.’s Representatives”) merely facilitate, through the Portal, communication to Users. Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s Representatives are not a party to, or otherwise involved, in these matters. Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s Representatives:
a. are therefore not liable or responsible in any way to Users.
b. make no representations or warranties, or assume any liability whatsoever to Users.
4.2. To the fullest extent allowed under applicable law, Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s Representatives assume no liability or responsibility to Users for any of the following:
a. providing the Portal;
b. any errors, mistakes, incompleteness or inaccuracies of Content, User-Generated Content, Third Party Content, or any other information or material made available through the Portal, linked third party portals, or linked third party websites;
c. any errors, mistakes, incompleteness or inaccuracies of other language versions of the Portal, as compared with the English version of the Portal;
d. any unauthorised access to, or use of (i) Brain Food Publishing Pte Ltd.’s secure servers (or servers provided by third parties appointed by Brain Food Publishing Pte Ltd.); (ii) any and all personal data stored on servers described in (i).
e. damage of any nature whatsoever resulting from a User’s access to, use of, or reliance on, any Content, User-Generated Content, services or any other information or material made available through the Portal, linked third party portals, or linked third party websites;
f. any interruption, or cessation, of transmission to, services provided on the Portal, linked third party portals, or linked third party websites;
h. any Malware transmitted through the Portal, linked third party portals, or linked third party websites;
i. any loss or damage, of any nature, incurred by non-Users in relation to any of the sub-clauses (a) to (h) above.
4.3. Without prejudice to any other provision in these General Terms and Conditions, and to the extent required by law, the maximum aggregate liability of Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s Representatives for any act or omission, whether in contract, tort (including negligence), or otherwise in relation to these General Terms and Conditions, shall in no circumstances exceed the amount of one hundred Singapore dollars (S$100).
4.4. Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s Representatives shall not be liable to any User for:
a. any indirect, special, or consequential loss or damage;
b. loss of date or other equipment or property;
c. economic loss or damage;
d. any liability incurred by the User for another User’s or third party’s loss or damage (of any nature (including incidental or punitive damages)); or
e. any loss of actual or anticipated profit, use, opportunities, interest, revenue, anticipated savings, business, goodwill,
even if Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s Representatives are advised in advance of the possibility of such loss or damage.
4.5. The User shall be solely responsible for any damage to his (or her) computer system or electronic device, or for any resulting loss of data. The User accesses or uses at his (or her) own discretion and risk, any Content, Third-Party Content, User-Generated Content, and services made available, or obtained through, the Portal or linked third party portal or linked third party website.
4.6 Any Content, Third-Party Content, User-Generated Content, services, items, or materials made available, or obtained through, the Portal or linked third party portals or linked third party websites, is on an “as is” and “as available” basis. The User’s use and reliance upon any, and all, such Content, Third-Party Content, User-Generated Content, services, items and materials is at the User’s own discretion and risk. Except as set out expressly in these General Terms and Conditions, Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s Representatives make no warranty or representation about the suitability, accuracy, or completeness of any Content, Third-Party Content, User-Generated Content, and services made available, or obtained through, the Portal or linked third party portals or linked third party websites.
The User shall keep Brain Food Publishing Pte Ltd. and Brain Food Publishing Pte Ltd.’s Representatives fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by Brain Food Publishing Pte Ltd. or Brain Food Publishing Pte Ltd.’s Representatives, arising out of or in connection with:
a. any third party claim due to (or arising out of) misuse of the Portal or any User-Generated Content posted by the User on the Portal;
b. any actual or alleged breach or non-performance or non-observance of any of the User’s obligations or undertakings or warranties under these General Terms and Conditions, or otherwise arising in any way out of the User’s use of the Portal; or
c. any infringement or misappropriation by the User of third party patent, copyright, trademark or other intellectual property rights in connection with the use of the Portal.
Both the User and Brain Food Publishing Pte Ltd. may terminate these General Terms and Conditions at any time with notice to the other. On termination, the User loses the right to access or use the Portal. The following shall survive termination:
a. Brain Food Publishing Pte Ltd.’s rights to use and disclose the User’s personal opinions made known to Brain Food Publishing Pte Ltd. (e.g. feedback or responses to surveys);
b. other User’s rights to further re-share User-Generated Content the User has shared through the Portal, to the extent copied or re-shared prior to termination;
c. Clauses 4, 5, 8 and 9 of these General Terms and Conditions; and
d. any amounts owed (including but not limited to Subscription Fees) by either party prior to termination and remaining unpaid at termination.
7.1. A “Force Majeure Event” means any cause which:
a. is not reasonably foreseeable and is beyond the reasonable control of the Party affected (including its subcontractors, if any);
b. is not due to the fault or negligence of the Party affected (including its subcontractors, if any); and
c. could not have been avoided by due diligence and the use of reasonable efforts.
A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any) are involved, and changes in law.
7.2. Brain Food Publishing Pte Ltd. shall not be liable for failure or delay in performing any of its obligations under these General Terms and Conditions to the extent that the failure or delay is due to a Force Majeure Event. This sub-clause does apply to any obligation to pay money.
For all User related enquiries and other contact information, refer to [email protected] on our Portal.
The User shall not, without the prior written consent of Brain Food Publishing Pte Ltd.:
a. assign, transfer, charge or otherwise deal in any other similar manner with all or any of its rights under these General Terms and Conditions;
b. subcontract any or all of its obligations under these General Terms and Conditions; or
c. try to do anything similar to the above.
9.2. Remedies and Waivers
No failure on the part of Brain Food Publishing Pte Ltd. to exercise, and no delay on its part in exercising, any right or remedy under these General Terms and Conditions will operate as a waiver. No any single or partial exercise of any right or remedy will:
a. exclude any other right or remedy;
b. prevent the further exercise of such right or remedy; or
c. prevent the exercise of any other right or remedy.
The rights provided under these General Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law. If Brain Food Publishing Pte Ltd. waives a default by the User, it will only do so in writing.
The illegality, invalidity or unenforceability of any provision of these General Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
9.4. No Rights of Third Parties
A person who is not a party to these General Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of these General Terms and Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
9.5. Entire Agreement
These General Terms and Conditions constitute the entire agreement and understanding between the User and Brain Food Publishing Pte Ltd. relating to the access and use of the Portal. Either party has not relied upon any representation, warranty or undertaking of the other party which is not expressly set out or referred to in this General Terms and Conditions. Nothing in this Clause shall however operate to limit or exclude liability for fraud.
9.6. Governing Law
These General Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of Singapore.
10.1. Any dispute or claim, including any question regarding existence or validity, shall be referred to and resolved by Singapore International Arbitration Centre (“SIAC”) in accordance with the rules of SIAC for the time being in force which rules are deemed to be incorporated by reference to this Clause.
10.2. The seat of the arbitration shall be Singapore. The tribunal shall consist of a single arbitrator and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon the Parties.
1.1 Brain Food Publishing Pte Ltd. (Company Registration No.: 201920052W) is a company incorporated in Singapore and having its registered office at 170 Upper Bukit Timah Road #05-54 Singapore 588179(“Brain Food Publishing Pte Ltd.“, “we“, “our” or “us“).
2.1 Personal data refers to data about an individual who can be identified from either (a) that particular data, or (b) from that particular data and other information which Brain Food Publishing Pte Ltd. has, or is likely to have, access to. Such personal data shall also refer to (i) data already in our possession; or (ii) the data to be collected by us.
Commonly collected personal data of our Users may include (but is not limited to):
a. personal particulars (e.g. name, contact details, residential address, date of birth, identity card details, passport details, and/or education details);
b. banking information (e.g. bank account numbers);
c. payment information (e.g. credit card number and related account and billing information);
d. images and voice recordings of our conversations with you;
e. employment details (e.g. occupation, directorships and other positions held, and/or employment history);
f. information about your knowledge and experience, interests;
g. communications between you and other users, made through the Portal; and/or
h. personal opinions made known to us (e.g. feedback or responses to surveys).
2.2 Collection of personal data
Wherever possible, we only collect personal data directly from you. Situations where this can occur include when (or before) you:
a. register for an account with us;
b. sign up for our newsletter and other mailings;
c. use the Portal; and/or
d. submit, post or upload any User-Generated Content.
2.3.2 In addition to personal data provided to us, we may also collect information related to you that is not considered personal data. We collect this information to improve the Portal. Such non-personal data includes information such as your IP address, the internet browser and operating system you use, details of your interaction with the Portal, and preferences. We use this information to improve the Portal, perform routine Portal maintenance, to generate aggregate Portal traffic reports, and enhance the performance of our Portal on different browsers and devices.
2.3.3 We may also receive personal information about you from other sources if you have given permission for that information to be shared. This may include information from commercially available sources, such as public databases and data aggregators, and information from third parties.
3.1 Using your personal data
3.1.1 We collect personal data from our existing and prospective Users for various reasons. These purposes include:-
a. fulfilling our obligations or exercising our rights under the General Terms and Conditions;
b. providing and improving your experience on the Portal;
c. authenticating your access to parts of the Portal you are authorised to access;
d. reviewing, processing and confirming any request, application or User-content which you submit, in using the Portal;
e. analysing the effectiveness of our advertisements, competitions and promotions;
f. customising your Portal experience, as well as evaluating statistics on Portal activity, such as what time you visited it, whether you have visited it before, and what site referred you to it;
g. making the Portal easier to use and tailoring the Portal to your interests and needs;
h. marketing and communicating with you in relation to the Portal and our relevant service partners;
i. processing, managing and administering accounts on the Portal;
j. sending you information you have requested;
k. responding to your comments, feedback or queries;
l. resolving disputes, collecting fees, distributing returns, troubleshooting problems;
m. fulfilling a legal or regulatory requirement;
n. detecting, preventing or otherwise addressing fraud or security issues;
o. informing you of any changes to our General Terms and Conditions;
p. improving the quality of the Portal, its Content and functionalities with market research and surveys;
q. supplying you with information that is relevant to your existing relationship with us; and
r. suggesting products or services which we think may interest you.
3.1.2 Personal data will be held for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
3.2 Sharing your personal data
3.2.1 Brain Food Publishing Pte Ltd. shares your personal information with trusted third parties and strategic partners. These parties and partners assist us with our business operations or provide the Portal. We may also share your personal data with trusted third parties and strategic partners that help Brain Food Publishing Pte Ltd. market to Users and potential Users. Such parties may either be in Singapore or abroad and may include:
a. any member in our Group;
b. our advertising, marketing and promotional agencies to help us deliver and analyse the effectiveness of our advertising campaigns and promotions;
c. third parties for the purpose of raising funds;
d. law enforcement or government authorities following due legal process in requesting disclosure of your information;
e. third parties who wish to send you information about their products and services, but only if you have given us your consent to do so;
f. third party providers of services, such as data processing; and
g. web analytics tool providers, such as Google.
3.2.2 We may also share your personal data for the following reasons: –
a. reasons provided under clause 3.1 ‘using your personal data’;
b. verification of your identity;
c. to protect our rights or property (including but not limited to any intellectual property rights);
d. to respond to claims that you violated the rights of third parties;
e. to conduct investigations into possible breaches of applicable laws; and/or
f. to comply with a court order or other legal or regulatory requirements in the jurisdictions we operate.
3.2.3 In situations where a third party under contract with Brain Food Publishing Pte Ltd. collects personal data about you, we use commercially reasonable efforts to require the third party to exercise reasonable care in protecting your information.
a. governmental authorities;
b. private investigators;
c. all the rightful owner(s) or interest holder(s); and/or
d. injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.
3.2.6 Further, we may disclose your identity and contact information, or such other transaction-related data:
a. if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action; or
b. if we are of the view, in our sole and absolute discretion, that it would be in our best interest to do so.
3.2.7 We shall not be liable in any way for damages or results arising from such disclosure, and you agree not to bring an action or claim against us for such disclosure.
4.1 You have a right to access, change and remove the personal data held by Brain Food Publishing Pte Ltd.. If you wish to do so, please contact us at [email protected] You may also access, change and remove your personal details by clicking on ‘My Account’. You may also decline to receive e-mails by clicking on ‘unsubscribe’ in any marketing e-mail you receive.
To the extent not required by Brain Food Publishing Pte Ltd. in connection with providing the Portal, if you do not want your personal data to be shared among affiliates, business partners or unrelated third parties, you may opt-out of such information sharing by sending us an email at [email protected]
5.1 Brain Food Publishing Pte Ltd. uses reasonable measures to protect your personal data and to store it securely. Where personal information is entered on the Portal, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) technology. However, due to the inherent nature of the Internet as an open global communications vehicle, no method of transmission over the Internet or method of electronic storage is 100% secure. While security cannot be guaranteed, we strive to protect your personal data and are constantly reviewing and enhancing our security protocols to ensure that your personal data is not subject to unnecessary risks.
6.1 We may transfer, store, process and/or deal with your personal data outside Singapore. In doing so, we will comply with the PDPA and other applicable data protection and privacy laws.
6.2 Brain Food Publishing Pte Ltd., or substantially all of Brain Food Publishing Pte Ltd.’s assets, or effective control over them, may be acquired by one or more third parties as a result of an acquisition, merger, sale, reorganisation, consolidation or liquidation. In such a situation, databases containing User personal information may be one of the assets transferred, over which such third parties may gain control, or to which they may gain access. In using the Portal, you consent to such transfer of, control over and access to your personal data.
7.1 Brain Food Publishing Pte Ltd. is committed to complying with the Do Not Call (“DNC”) provisions set out in the PDPA. If you have registered your telephone number with the DNC Registry, Brain Food Publishing Pte Ltd. will not send you promotional and marketing messages via phone calls, text messages and faxes. However, if you have previously given Brain Food Publishing Pte Ltd. consent to contact you for such purposes, we will continue to do so until you withdraw your consent.
7.2 If you no longer wish to receive marketing and/or promotional messages from Brain Food Publishing Pte Ltd. and had previously provided Brain Food Publishing Pte Ltd. with your consent to do so, you can withdraw your consent by contacting us at [email protected]