This section applies to all information and/or User Content collected by us and/or our holding company, subsidiaries, related entities, affiliates, associates, and/or sub-contractors.
1. Definitations and Interpretation
2. Information We Collect
- When you use Bite, we automatically collect and store certain information about your Electronic Device and your activities, including:
- Your Electronic Device’s unique identification (ID) number;
- Your Electronic Device’s geographic location when you first register for Bite through our Application;
- Technical information about your Electronic Device, such as the type of device, web browser, operating system, or IP address, to analyse trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information; and
- How long you used Bite, and which Services and features you used.
- We use “cookies” to keep track of some types of information while you are accessing and/or using Bite. “Cookies” are text files placed on your Electronic Devices to collect standard Internet log information and visitor behaviour information. The information is used to track visitor use and to compile statistical reports on website activity, and they allow us to count the number of visitors to Bite, and distinguish repeat visitors from new visitors. They also allow us to save user preferences, and track user trends. If we advertise, we (or third parties) may use certain data collected on our Services to show you Bite advertisements on other sites or applications.
- We use “web beacons”, also known as “pixel tags” or “clear GIFs”, which are often used in conjunction with “cookies”, in order to further personalise Bite for our Users, and to collect a limited set of information about our visitors. We use “web beacons” to measure the popularity of our Services and features. We may also use “web beacons” in e-mail communications with you to understand the behaviour of the Users, such as whether an e-mail has been opened or acted upon.
- If you are using our Application on a mobile device, we use mobile device IDs (the unique identifier assigned to a device by a manufacturer), or advertising IDs, instead of “cookies”, to recognise you. We do this to store your preferences and track your use of Bite. Unlike “cookies”, device IDs cannot be deleted, but advertising IDs may be reset under “Settings” on your mobile device. We may allow and/or engage third party advertising companies or analytics companies to track your use of Bite, and the number of advertisements displayed, to measure advertisement performance, and to display advertisements that are more relevant to you.
- In order to use Bite, an Account must be created with your Facebook or Google account and signed in using your Facebook or Google Log-in. If you do so, you authorise us to access and use certain Facebook or Google account information, including but not limited to your public Facebook or Google profile (consistent with your privacy settings in Facebook or Google), information about you and your Facebook friends who might be common Facebook friends with other Users, your name, e-mail address, gender, birthday, interests, likes, work history, education history, relationship status, current city, pictures stored on and/or uploaded onto Facebook, personal description, friend list, and the names, profile pictures, relationship status, and current cities of your Facebook friends.
- You will also be asked to allow Bite to collect your location information from your Electronic Device when you download or use the Services.
- We may collect and store any personal information you provide while using Bite or in some other manner. This may include identifying information, such as your name, address, e-mail address and telephone number, and, if you enter into any transactions with us, financial information. You may also provide us with photos, a personal description and information about your gender, past and present educational institutions, employment details, birthday, horoscope, likes and dislikes, hobbies, cuisine preferences, address, preferred meeting locations and religion. If you chat with other Users on Bite, you provide us with the Content of your chats, and if you contact us to request customer service or assistance with other queries, you provide us with the Content of that communication.
- We require an e-mail address from you when you create an Account. We use your e-mail for both administrative (e.g., confirming your registration, and other notifications), and promotional (e.g. newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. E-mail messages that we send to you contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. You may opt out of receiving promotional e-mails and other promotional communications from us at any time via the opt-out links provided in such communications, or by e-mailing firstname.lastname@example.org with your specific request. However, we reserve the right to send you certain communications relating to Bite, including but not limited to service announcements, service alerts, update notices, or other administrative messages, without affording you the opportunity to opt out of receiving such communications.
- We require you to provide your mobile telephone number when you create your Account. By creating an Account, you are authorising us to send text messages to your mobile device for purposes of communicating with you about Bite.
- We may allow service providers, advertising companies and advertising networks, and other third parties, to display advertisements on Bite. These companies may use tracking technologies, such as “cookies” or “web beacons” to collect information about Users who view or interact with their advertisements.
3. How We Use the Information
- We may use the information we collect from you for the following purposes:
- Facilitate matches with other Users;
- Manage your Account;
- Respond to your comments and questions and provide customer service;
- Communicate with you about Bite and related offers, promotions, news, upcoming events, and other information we think will be of interest to you;
- Monitor and analyse trends, usage and activities;
- Perform research and analysis about your use of, or interest in, our or others’ products, services or content;
- Develop, display, and track content and advertising tailored to your interests on Bite and other sites, including providing our advertisements to you when you visit other sites or applications;
- Website or Application analytics;
- Investigate and prevent any prohibited and/or illegal activities;
- Investigate any breaches of the Terms & Conditions;
- Enforce or exercise any rights in our Terms & Conditions; and
- Provide, deliver, maintain and improve our Services, and manage our overall business.
- In addition to the uses outlined above, by using Bite, you agree to allow us to anonymously use the information from you and your experiences to continue our research into successful relationships, including how to create and foster these relationships, so that we may continue to improve the Bite experience. This research may be published in our blogs or interviews. However, all of your responses will be kept anonymous and we will not publish any personal information.
- In all circumstances, we may perform these functions directly or use a third party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform services for us. If you access our Services from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with it and your privacy settings on the platform.
4. Registration and Eligibility
- You must be at least 18 years of age to create an Account on Bite and use the Services. By registering an Account and using the Services, you represent and warrant that you are at least 18 years old, and have the necessary legal capacity, right, power, and authority to agree to these Terms & Conditions, and that you are accessing Bite, using the Services, and contracting in your own personal capacity.
- By registering an Account and using the Services, you represent and warrant that you are single, i.e., unmarried, widowed, or divorced. We do not currently conduct marital status checks on our Users. However, we reserve the right, in our sole discretion, but are not obligated, to conduct any marital status checks or other background checks on you at any time, and using available public records, to ascertain your compliance with this clause.
- By registering an Account and using the Services, you represent and warrant that you have never been convicted of any sexual offences, as listed under Chapter XVI of the Singapore Penal Code (Cap. 224, 2008 Rev. Ed.), and/or are not required to register as a sex offender with any government entity. We do not currently conduct criminal background screenings on our Users. However, we reserve the right, in our sole discretion, but are not obligated, to conduct any criminal background checks or other screenings, at any time, and using available public records, to ascertain your compliance with this clause.
5. Exclusive Use of your Account
- Your Account is for your personal use only. You may not authorise others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity.
- You shall create only one unique profile using one Account.
6. Account Security
- You are responsible for maintaining the confidentiality of the Facebook or Google login credentials that you use to sign up for Bite, and you are solely responsible for all the activities that occur under those credentials. If you know or suspect of any disclosure or unauthorised use of your login credentials, you should notify us immediately.
- If we have reason to believe that there is likely to be a breach of security or misuse of your Account and/or Bite, we may require you to change your password or we may blacklist, suspend or terminate your Account without compensation.
- You acknowledge that we are not responsible for third party access to your Account that results from theft or misappropriation of your Facebook or Google login credentials.
7. Non-commercial Use by Users
- Bite is for personal use only. Users shall not use Bite and the Services, and any Bite Content and/or User Content and/or Third Party Content in connection with any commercial endeavours, including but not limited to advertising or soliciting any User to buy or sell any products or services through Bite or the Services.
- You shall not use any information obtained from Bite to contact, solicit, or advertise or sell any products or services to any other User without his or her prior explicit consent. Organisations, companies, and/or businesses may not use Bite for any purpose except with our express consent, which we may provide or deny in our sole discretion.
- We may investigate and take any available legal action in response to illegal and/or unauthorised uses of Bite.
8. Content Use Conditions
- You may, for your personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices:
- Retrieve and display Bite Content on any compatible device owned by you;
- Print a single copy of Bite Content on paper (but not photocopy them); and
- Store such Bite Content in an electronic form on disk or on any compatible device owned by you (but not on any server or other storage device connected to a network).
- You agree not to remove, obscure, or otherwise alter any proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
- You shall not otherwise copy, reproduce, modify, adapt, translate, create any derivative works from, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade, exploit, or use, for any commercial purposes, any portion of, or any access to:
- The Services;
- Any Bite Content except, to the extent permitted, with the prior written consent of Bite; and/or
- Any User Content or Third Party Content except, to the extent permitted, with the prior written consent of Bite and the owner or licensee of the specific Content.
- You shall not disseminate to anyone, any confidential and/or private information that comes to your knowledge on and/or through Bite, without the permission of the owner of such confidential and/or private information.
- Without prejudice to the generality of Clause 8.3, you agree not to reproduce, display, or otherwise provide access to the Services, Bite Content, User Content, or Third Party 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 our prior written consent and/or the prior written consent of the owner or licensee of the specific Content.
- All Bite Content are copyrighted work of Bite or its content or software providers, and Bite reserves and retains all rights in the Bite Content. Use of some Bite Content may be governed by the terms of an accompanying end user license agreement.
- You shall not decompile, reverse engineer, or otherwise attempt to discover the source code of any Bite Content available on Bite or through the Services except under the specific circumstances expressly permitted by law or us in writing.
9. Intellectual Property
- The copyright, patents, trademarks, registered designs and all intellectual property rights in Bite, the Services, and all Bite Content, including but not limited to the copyright in the compilation of all User Content and Third Party Content, and the algorithm applied to match Users, are owned by and shall remain with us.
- The trademarks, logos, and service marks displayed on Bite are the property of Bite or other third parties, and all rights to such trademarks, logos, and service marks are expressly reserved by us or the relevant third parties. You are not permitted to use such trademarks, logos, and service marks without our prior written consent or the prior written consent of the relevant third parties. The name of Bite or any other trademarks, logos, and service marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without our prior written permission.
- The domain name on which the Website is hosted is the sole property of DBM and you may not use or adopt a similar name for your own use.
10. Notification of Infringement
- We reserve the right to investigate notices of copyright, trademark, and other intellectual property infringement in respect of Bite Content, User Content and other material on Bite, and to take appropriate action. If you believe that your work has been used or copied in a way that constitutes infringement and such infringement is occurring on Bite, please notify us in writing immediately, by e-mail at email@example.com.
- We 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 that you have against us in respect of any infringing material, unless you have first given us notice of such infringement and reasonable and/or sufficient opportunity to remove the infringing material, and thereafter we refuse or fail to remove the infringing material within a reasonable time. Where we remove the infringing material in response to your infringement notice, you agree not to exercise, and you agree to waive, any right of action against us under any applicable law which you may have in respect of any infringing material appearing on Bite prior to such removal by us.
- You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of infringing material appearing on third party websites.
11. Content Posted by you on Bite
- You are solely responsible for, and assume all liability regarding, the Content that you post, upload, publish, link to, transmit, record, display, or otherwise make available on Bite or transmit to other Users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted.
- By registering an Account and using the Services, you represent and warrant that:
- All the information and details provided by you upon registration, or at any time, including information and details submitted from your Facebook or Google account, are accurate, truthful, and complete;
- You will promptly update any information and details provided by you that subsequently become inaccurate, incomplete, misleading, or false;
- You will not provide inaccurate, misleading, or false information and details to any other User; and
- You have the right to post the Content on Bite and grant the licenses set out in Clause 11.7 below.
- You agree that any Content you post or make available on Bite may be viewed by other Users.
- As part of or during your use of Bite, you may not post on Bite, or transmit to us, or any User (either on or off Bite), any offensive, inaccurate, incomplete, abusive, pornographic, obscene, profane, threatening, intimidating, harassing, defamatory, racially offensive, illegal, or unlawful material, or any material that infringes or violates another person’s rights (including but not limited to intellectual property rights).
- In addition to the types of Content described in Clause 11.4, the following is a non-exhaustive list of the type of Content that is prohibited on Bite. You may not post, upload, display, or otherwise make available, Content that:
- Is illegal, promotes illegal activities, or provides instructional information about illegal activities;
- Is inappropriate;
- Advocates, threatens and/or perpetrates violence against, harassment, or intimidation of, another person;
- Promotes racism, bigotry, hatred, or physical harm, of any kind against any group or individual;
- Requests money from, extorts, or is intended to defraud, other Users;
- Exploits people in a sexual, violent, or other illegal manner;
- Solicits personal information from anyone under the age of 18;
- Solicits passwords or personal identifying information for commercial, unlawful, or illegal purposes from Users;
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Disseminates another person’s personal information without his or her permission;
- Contains videos, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the permission of the minor’s legal guardian);
- Spams or solicits other Users;
- Is wilfully false or misleading, including but not limited to misrepresentation of your marital status and/or representing that you are somebody else in your profile and/or profile photo;
- Is defamatory;
- Infringes and/or violates the intellectual property rights of any person;
- Provides information or data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, confidential information, trade secrets, and information protected by intellectual property);
- Contains viruses, time bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices; and/or
- Contains restricted, or password-encrypted access pages or images, or otherwise hidden pages or images.
- We reserve the right, in our sole discretion, but are not obligated, to monitor or review any Content you post on Bite. We further reserve our right, in our sole discretion, to investigate and take any legal action against anyone who breaches or violates this Clause 11, and to remove and/or delete any Content, in whole or in part, which in our sole judgment, violates the Terms & Conditions or may harm the reputation of Bite or us, and/or to blacklist, suspend or terminate the Account responsible for such breaches or violations.
- By posting any Content on Bite, you automatically and irrevocably grant and assign to us, our holding company, subsidiaries, affiliates, associates, and subcontractors, a worldwide, non-exclusive, irrevocable, perpetual, transferable, sub-licensable, loyalty-free, right, and license, to host, store, use, copy, display, reproduce, adapt, edit, publish, display, communicate, transmit, broadcast, podcast, webcast, modify and/or distribute the Content, and to sub-license the Content, for purposes of operating, developing, providing, promoting, and improving Bite and the Services, and for researching and developing new Services.
12. Other Prohibited Activities
- You are solely responsible for, and assume all liability regarding, your interactions with other Users. We are not responsible for the conduct of any User, and make no representations or warranties as to such conduct
- You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate outside of Bite or meet in person, or if you decide to send money or credit in any form to another User. You should not provide your financial information (such as your credit card or bank account information), or wire, or otherwise send money, to other Users. You assume all risk when using Bite, including but not limited to all of the risks associated with any online or offline interactions with others, including dating.
- We reserve the right to, in our sole discretion, investigate, blacklist, suspend, and/or terminate your Account if you have misused Bite or behaved in a way that we regard as inappropriate or unlawful, including but not limited to actions or communications that occur off Bite but involve Users whom you meet through Bite. The following is a non-exhaustive list of the type of actions, that may result in your Account being blacklisted, suspended and/or terminated:
- Impersonating any person or entity;
- Soliciting money from any users;
- Posting any Content that is prohibited by Clause 11;
- Harassing any person;
- Sending any inappropriate messages to other Users;
- Expressing or implying that any statements that you make are endorsed by us without our specific prior written consent;
- Using Bite in an illegal manner or to commit an illegal act;
- Accessing Bite in a jurisdiction in which it is illegal or unauthorised;
- Failing to show up for an appointment, or showing up significantly late for an appointment with other Users;
- Behaving in a manner that may reasonably cause other Users to feel like their safety is threatened;
- Appearing unkempt or unhygienic at an appointment with other Users, or behaving in such a way that may reasonably cause other Users to make a complaint against you;
- Using any robot, spider, site search and/or retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of Bite or Bite Content;
- Collecting usernames and/or e-mail addresses of Users by electronic or other means for the purpose of sending unsolicited e-mails, or unauthorised framing of or linking to Bite;
- Interfering with or disrupting Bite or the servers or networks connected to Bite;
- Transmitting any material that contains software viruses or any other computer code, files, or programs, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through Bite (either directly or indirectly through use of third party software);
- “Framing”, “mirroring”, “linking”, “spidering”, or “scraping” any part of Bite, without our prior written consent and authorisation;
- Using meta tags or code or other devices containing any reference to us or Bite (or any of our trademark, trade name, service mark, logo or slogan) to direct any person to any other website for any purpose;
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling, any portion of Bite, and/or any software used on or for Bite, or cause others to do so; and/or
- Posting, using, transmitting, or distributing, directly or indirectly, including but not limited to “content scraping” and “screen scraping”, in any manner or media, any Content obtained from Bite other than solely in connection with your use of Bite in accordance with these Terms & Conditions.
- You shall be responsible for our losses and costs resulting from your breach of Clause 12.
13. Use of Account Information
- To respond to your requests and queries;
- To provide the Services to you;
- To verify and process your personal particulars and payments;
- To communicate with you;
- To respond to claims that any Content violates, and/or infringes upon the rights of third parties;
- To protect the rights, property, or personal safety of Bite or any other person;
- To enforce these Terms & Conditions, and our legal rights and remedies;
- For marketing research, user profile, and statistical analysis;
- To send you information, promotions, updates, and marketing and advertising materials in relation to our products and Services, and those of third parties;
- Complying with the law, the requests of law enforcement and regulatory officials, or orders of court; and/or
- For any other purpose including the disclosure of such information to third parties for commercial and/or business reasons, provided that we shall not disclose credit card account information except for the purposes set out in Clauses 13.1(2) and (3) above.
- You shall be responsible for our losses and costs resulting from your breach of Clause 12.
14. Customer Service
- We provide assistance and guidance through our employees and/or agents. You shall not harass, intimidate, or threaten any of our employees and/or agents engaged in providing any part of the Services to you.
15. Right to Blacklist, Suspend or Terminate Your Account
- We have the right to restrict your access to all or any part of the Services, or blacklist, suspend or terminate your Account immediately, without notice, at our reasonable discretion, if you breach any of your obligations under these Terms & Conditions, or if we believe that you have been using the Account for unlawful and/or undesirable activities.
- We have the right to deactivate or terminate your Account if it has been inactive for a period of 6 months or more.
- You may terminate your Account at any time by sending an e-mail regarding such termination to firstname.lastname@example.org or by following the instructions in Bite under the “Settings” tab. If you do so, you must stop using Bite.
- The suspension or termination of your Account and your right to use Bite shall not affect our rights against you for any breaches of these Terms & Conditions.
- Upon the suspension or termination of your Account, you will not be entitled to any refund of fees (used or unused) for in-app purchases.
- You agree not to hold us liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
- If you think that your Account has been wrongly blacklisted, suspended or terminated, you may contact us at email@example.com. We have the right, in our sole discretion, to make the final decision as to whether your account should continue to be blacklisted, suspended or terminated.
- We may provide you with notices, including those regarding changes to these Terms & Conditions, using any reasonable means, which may include e-mail, SMS, MMS, text message or postings on Bite. Such notices may not be received if you breach these Terms & Conditions by accessing and/or using Bite in an unauthorised manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed and/or used Bite in an authorised manner.
17. Availability of Bite
- Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements, including but not limited to the number or frequency of matches through Bite, such matches’ ability, desire or criteria to communicate with you, the ultimate compatibility with individuals whom you meet through Bite, or the conduct of such individuals. We cannot guarantee that the Services will be fault-free. If a fault occurs with Bite, you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
- Your access to Bite may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will attempt to restore the Services as soon as we reasonably can.
- We reserve our right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Bite.
18. In-App Purchase
- From time to time, Bite may offer additional products and Services for purchase through the Apple Store, Google Play, or other digital distribution platforms authorised by us. If you wish to use such products or Services, you shall make full and prompt payment to us of the applicable fees in accordance with the payment terms specified by us at the point of transaction.
- If you choose to make a purchase through the Apple Store, Google Play, or other digital distribution platforms authorised by us, you will be prompted to enter details of your account with the mobile platform you are using (e.g., Apple, Android, etc.), and your account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase, as well as the general terms for in-app purchases that apply to your mobile account.
- Some digital distribution platforms may charge you sales tax, depending on where you live.
- All purchases made through Bite are final and non-refundable.
- In the event that any fee for any product or Services is stated erroneously on Bite or otherwise, as determined in our sole discretion, we are not obliged to provide the Services to you at the erroneous fee, and we shall be entitled to rectify such error by giving you written notice of the error and of the correct fee. If you do not agree to make payment of the correct fee after being notified, you may terminate the Services and we shall refund the fees paid by you to us either wholly or partially, as the case may be, as your sole remedy.
- We reserve the right, in our sole discretion, to now, or in the future, impose a fee or vary any fee for any Services by notifying you.
- In the event that we terminate or withdraw the operation of any product or Services, we are not obligated to refund any fees paid by you to us.
- If your Account is blacklisted, suspended and/or terminated by us or voluntarily by you, or if you cancel any payable product and/or Services, you shall not be entitled to any refund of any fees that have been paid to us and shall be liable to pay us the unpaid balance of the full amount of the agreed fees for the product and/or Services.
- Your use or access of certain Services or Bite Content may require payment of additional charges to other third party service providers, including your telecommunications service provider or mobile service provider. You shall be solely responsible for the payment to any applicable telecommunications service provider or mobile service provider. You shall be solely responsible for the payment of any applicable telecommunications charges, data charges or other charges incurred in connection with your use or access of Bite. You should check with your relevant third party service provider(s) if any such additional charges are applicable, prior to using, accessing, purchasing, or subscribing to any Services or Bite Content.
19. Disclaimers & Limitations
- Neither we, nor our affiliates and third party partners, are responsible for, and shall not be liable, directly or indirectly, for any loss or damage as a result of, or alleged to be the result of, the following:
- Any incorrect or inaccurate Content posted on Bite, whether caused by Users or any of the equipment or programming associated with or utilized in the Services;
- The timelines, deletion or removal, incorrect delivery or failure to store any Content or communications;
- The conduct, whether online or offline, of any User;
- Any error, omission, defect in, interruption, deletion, alteration, or delay in operation or transmission, theft or destruction of, or unauthorised access to, any Account, Content, or User communications;
- Any problems, failure, or technical malfunction on account of technical problems or traffic congestion on the Internet; or
- Any injury or damage to the Electrical Devices of the Users or of any other person, resulting from participating or downloading materials in connection with Bite.
- While we make every effort to ensure that all Bite Content displayed on Bite is accurate and complete, we provide the Bite Content and Services on an “as is” and “as available” basis only, without warranties of any kind, whether express, implied, statutory or otherwise. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express, implied, statutory or otherwise, including but not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, compliance with description, or the warranty of non-infringement.
- Without limiting the foregoing, we do not warrant that the functions contained in, or access to Bite and Bite Content, will be timely, uninterrupted, error-free or without omission, that defects will be corrected, or that Bite and Bite Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Bite Content on or with any Electronic Device will not affect the functionality or performance of the Electronic Device. You shall assume the entire cost of all necessary servicing, repairs, or correction of any defect, problem, or damage in any Electronic Device. You agree not to hold us liable for any loss, liability, or damage, which may be incurred as a result.
- We do not warrant or make any representations regarding the use or the results of the use of Bite, Bite Content, and/or the Servers, in terms of their correctness, accuracy, completeness, reliability, or otherwise.
- Any material downloaded, or otherwise obtained, through Bite is accessed at your own discretion and risk, and you will be solely responsible for, and agree to waive, any and all claims and causes of action with respect to any damage to your Electrical Device, computer system, Internet access, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorised to download or obtain any material through Bite.
- You acknowledge and agree that we do not endorse or recommend, are not an agent, reseller, or distributor of, and have no control over, Third Party Products, and we expressly disclaim all liabilities and responsibilities arising in relation to any Third Party Products, whether available or advertised on and/or via Bite.
- All statements, offers, information, opinions, materials, User Content, Third Party Content, and Third Party Products, from other Users, advertisers, and/or other third parties, on Bite should be used, accepted, and relied upon, only with care and discretion, and at your own risk, and we shall not be responsible for any loss, damage, or liability incurred by you arising from such use or reliance.
- It is not our policy to exercise editorial control over, and to review, edit, or amend, any User Content and/or Third Party Content that may be inserted or made available on Bite, and we do not endorse, and shall not be responsible for such Content.
- Some User Content may be offensive, annoying, unlawful, in breach of these Terms & Conditions, contain viruses, or cause you damage. While we may remove any such User Content brought to our notice at our sole discretion, we shall not be responsible or liable for any User Content, and you agree to access, use, and/or rely on, any User Content only at your own risk, and with care and discretion.
- We shall be entitled, at any time, at our sole discretion and without prior notice, to add to, vary, terminate, withdraw, or suspend, the operation of the whole, or any part, or feature, of Bite, without assigning any reason. We shall not be liable for any loss, liability, or damage, which may be incurred as a result.
- In no event shall we be liable to you for any direct or consequential damages, losses, expenses, and/or 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, any Content, Third Party Products, any Electronic Devices, Bite, or any other website.
- You agree that the above exclusions and limitations of liability enable the Services and Content to be provided by us at either reasonable costs or no costs to you.
- Bite may provide links to other third party websites that may be of relevance and interest to Users. Bite has no control over, and is not responsible for, the content on the third party websites, or for any damage that you may incur from such third party websites (including any virus, spyware, malware, worms, errors or damaging material contained in the third party websites), and you agree to irrevocably waive any claim against us with respect to such third party websites.
- You agree and undertake that you will indemnify us, our subsidiaries, affiliates, officers, agents, partners, and employees, and keep us, our subsidiaries, affiliates, officers, agents, partners, and employees, fully indemnified against all actions, claims, proceedings, demand, liabilities (including statutory liability and liability to third parties), penalties, costs (including but not limited to, legal costs on a standard or full indemnity basis) and damages (including any damages or compensation paid by us on the advice of our legal advisers to compromise or settle any claim) and all legal costs or other expenses due to or arising out of the following:
- Any use of Bite or any Services;
- Your connection to Bite;
- Any Content you post on Bite;
- Your breach of any of the Terms & Conditions;
- Your violation of any rights of another person or entity; and/or
- Your breach of any statutory requirement, duty or law.
- No waiver of any rights or remedies by us shall be effective unless made in writing and signed by an authorised representative.
- A failure on our part to exercise or enforce any rights conferred upon us by these Terms & 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 of, such rights at any subsequent time or times.
22. Rights of Third Parties
- Except otherwise provided for in these Terms & Conditions, a person or entity who is not a party to these Terms & Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B, 2002 Rev. Ed.) to enforce any provision in these Terms & Conditions, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description.
23. Force Majeure
- No party shall be liable for any failure to perform its obligations under these Terms & Conditions if the failure results from a Force Majeure Event, provided always that whenever possible, the affected party will resume such obligations as soon as the Force Majeure Event occasioning the failure ceases or abates.
- No party shall be liable for any failure to perform its obligations under these Terms & Conditions if the failure results from a Force Majeure Event, provided always that whenever possible, the affected party will resume such obligations as soon as the Force Majeure Event occasioning the failure ceases or abates.
25. International Use
- Bite is owned and operated by DBM in Singapore, and is only available for use in Singapore. If Bite is inadvertently, or otherwise, made available for use outside of Singapore, we make no representation that Bite, Bite Contents, and the Services, are appropriate for use in your location. Accessing Bite from territories where its Contents and/or Services are illegal or unlawful is prohibited. If you choose to access Bite from any location outside Singapore, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
26. Governing Law & Jurisdiction
- These Terms & Conditions, Bite, Bite Content, the Services, and all matters arising out of or relating to your access to, or use of, Bite, Bite Content, and the Services, shall be governed by, and construed in accordance with, the laws of Singapore, including but not limited to the provisions of the Singapore Evidence Act (Cap. 97, 1997 Rev. Ed.) and the Electronic Transactions Act (Cap. 88, 2011 Rev. Ed.), without giving effect to any principles of conflicts of law.
- You agree to submit to the exclusive jurisdiction of the Singapore courts.
27. Entire Agreement
28. How to Contact Us