Website Terms & Conditions
SimonFenley.com : hereinafter referred to as the “Website”, is owned by Simon Fenley, hereinafter referred to as the “Owner”, a resident of Singapore.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Website (the “Service”) operated by the Owner (“us”, “we”, or “our”).
These Terms and Conditions govern the use of this Service and the agreement that operates between you and the Owner. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service
By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
You represent that you are over the age of 18. The Owner does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Owner. Our Privacy Policy below describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Introduction
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Restrictions
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and the Owner may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
3. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant the Owner a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. The Owner reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
4. Advertising and Affiliate Links
In order to assist with covering our operating expenses this Website may contain advertising and affiliate links from which we may receive compensation. An affiliate link means that at no additional cost to you, this Website would earn a commission if you click through and make a purchase.
However, we do our best to only recommend products and services that we would recommend to our friends and loved ones and try our best to keep things fair and balanced when making recommendations we believe are the best choice for you.
In particular but not exclusively, please note that the Owner is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
5. No warranties
This Website is provided “as is,” with all faults, and the Owner makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Owner, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Owner provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Owner nor any of the Owner’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Owner are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
This Website may contain links to third-party web sites or services that are not owned or controlled by the Owner. The Owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
6. Medical Disclaimer
If this website contains any information that could be considered of a medical nature, by using this Website you agree that in general, unless an article specifically shows that it is written by a medical practitioner, that we are not medical practitioners. We do not have medical training. Therefore, we are not legally allowed to offer any medical advice.
Any article on this Website is therefore only for informational and educational purposes. We strongly advise anyone with a medical condition to obtain the advice of a qualified medical practitioner.
The information on this Website is not medical advice and should not be considered as such. It should not be relied upon as alternative to advice from your professional medical practitioner.
By using our Website, you hereby warrant and acknowledge that all users of this website are responsible for their own medical care and treatment. All of the content provided on the website are for informational purposes only and DOES NOT CONSTITUTE THE PROVISION OF MEDICAL ADVICE and is not intended to be a substitute for independent professional medical advice, diagnosis, or treatment.
Medical information is always being updated. Therefore, any information provided here or on linked websites cannot be considered current, complete or exhaustive. You should not rely on such information without further professional medical advice. The information provided on this website or any linked websites is solely for information purposes and is used at your own risk.
7. Limitation of liability
In no event shall the Owner, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the Owner, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
In addition in no event will the Owner be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if the Owner or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the Owner’s liability is limited to the greatest extent permitted by law.
The Owner makes no representations whatsoever about any other website which you may access through this one or which may link to this Website. When you access a non-Owner website, please understand that it is independent from the Owner, and that the Owner has no control over the content on that website. In addition, a link to the website does not mean that the Owner endorses or accepts any responsibility for the content, or the use of such website.
Notwithstanding any damages that You might incur, the entire liability of the Owner and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Owner or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Owner or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states and countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states or countries, each party’s liability will be limited to the greatest extent permitted by law.
8. Indemnification
You hereby indemnify to the fullest extent the Owner from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
By using the Owner’s Website, services and products, you agree to indemnify, defend and hold harmless the Owner, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing this Website.
9. Privacy Policy
The Owner operates this Website. This section informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Website.
We use your Personal Information only for providing and improving the Website. By using the Website, you agree to the collection and use of information in accordance with this policy.
Information Collection and Use
While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name (“Personal Information”).
Log Data
Like many website operators, we collect information that your browser sends whenever you visit our Website (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this.
Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that we think would be useful to you.
Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive.
Like many websites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.
Security
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Changes to This Privacy Policy
This Privacy Policy is effective as of 1st January 2020 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
If you have any questions about this Privacy Policy, please contact us.
10. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, the Owner and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. All rights, copyrights and trademarks are owned by the Owner and all such rights are reserved.
11. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
12. Variation of Terms
The Owner reserves the right, at our sole discretion, to modify or replace these Terms and Conditions at any time as it sees fit. By using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
13. Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.
14. Assignment
The Owner shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
15. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Owner and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
16. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the Laws of Singapore, and you submit to the non-exclusive jurisdiction of the Courts located in Singapore for the resolution of any disputes.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Owner through the Website.
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