Terms of Use
Thank you for visiting www.comoshambhala.com, (hereafter referred to as this “Website”). This Website is operated by COMO Shambhala Pte. Ltd. (“COMO Shambhala”) The following terms and conditions create a legally binding agreement between you and COMO Shambhala ("comoshambhala.com”, "we" or "us" as the context may require).
By accessing and/or using any part of this Website and/or using any of the services provided via this Website, you shall be deemed to have accepted and thereby be legally bound by the terms and conditions set out below (these “Terms of Use”).
1 GENERAL
1.1. COMO Shambhala’ affiliates include COMO Hotels and Resorts, the COMO Foundation, Club21 Pte Ltd and its related companies and business units.
1.2 COMO Shambhala provide wellness products and services which may be purchased on this Website. The companies and businesses which own the wellness centres managed by COMO Shambhala are referred to in these Terms of Use as “Spa Affiliates”.
1.3. These Terms of Use contain the provisions in the contractual relationship entered into between you and COMO Shambhala which you agree to be binding and enforceable at the time you access and/or use this Website and any of the products or services provided by COMO Shambhala, its affiliates and Spa Affiliates via this Website. You are deemed to have read, understood and accepted these Terms of Use.
1.4. COMO Shambhala reserves the right to modify, add, vary or amend all or part of these Terms of Use from time to time without prior notice to you. Your use of this Website and any of the services provided here after such changes are posted on this Website, shall be deemed an agreement by you to these Terms of Use as modified.
2 INTELLECTUAL PROPERTY RIGHTS
2.1. This Website and all materials, including but not limited to photographs, illustrations, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programs, products and/or services offered by any part of COMO Shambhala and its affiliates and Spa Affiliates (the “Contents”) appearing on this Website are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”) owned, licenced to or controlled by COMO Shambhala, its affiliates or Spa Affiliates.
2.2. Except as otherwise expressly provided and agreed to in writing by COMO Shambhala, you are strictly prohibited from using, uploading, downloading, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Contents or any part thereof.
2.3. COMO Shambhala, its affiliates and Spa Affiliates retain all rights, title and interest in all Intellectual Property in the Contents and all concepts, systems, whether written or graphic and all other materials on this Website.
3 ACCESS TO WEBSITE
3.1. COMO Shambhala reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
4 LINKS
4.1. This Website may contain links to other websites and pages which are not controlled, maintained or endorsed by COMO Shambhala including but not limited to the online booking, reservations applications, tools or facilities maintained by third party service providers. By clicking on or activating such links, you acknowledge that the COMO Shambhala is not responsible for the consequences of your activities on the third party websites, tools, applications of other offerings or services and is not liable in any way whatsoever to you. COMO Shambhala does not represent or exercise control over such third party and such third party is neither an agent nor servant of COMO Shambhala. Any data or any information which you give to any other entity after leaving this Website is entirely at your own risk. COMO Shambhala, its affiliates and any Spa Affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites.
4.2. All hyperlinks to such other websites are provided as a convenience to you, and COMO Shambhala, its affiliates and Spa Affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
5 CONFIDENTIALITY
5.1. No data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, COMO Shambhala cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
5.2. Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non- proprietary basis. COMO Shambhala reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, disclosing such information to its affiliates or Spa Affiliates in connection with the development, marketing, manufacturing of products and services.
6 SECURITY OF WEBSITE
6.1. You hereby expressly acknowledge and agree that:-
6.1.1. This Website is provided on an “as is” basis without warranties of any kind and COMO Shambhala does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
6.1.2. COMO Shambhala does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Contents including in particular the use of any representations and images;
6.1.3. TO THE FULLEST EXTENT PERMITTED BY LAW, COMO SHAMBHALA IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION (WHETHER DIRECTLY OR INDIRECTLY) WITH YOUR USE OF THIS WEBSITE. ACCORDINGLY, YOU HEREBY RELEASE COMO SHAMBHALA AND ALL OF ITS AFFILIATES AND SPA AFFILIATES (AND ITS AGENTS, REPRESENTATIVES, PARENT COMPANY, RELATED COMPANIES AND ASSOCIATED COMPANIES, SUBSIDIARIES, AND LEGAL AND OTHER PROFESSIONAL ADVISORS) FROM ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITY IN RESPECT OF ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE;
6.1.4. Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither COMO Shambhala nor any of its affiliates nor Spa Affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this Website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.
6.2. While the COMO Shambhala shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
6.3. You agree to indemnify and hold COMO Shambhala and each of its affiliates and Spa Affiliates including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which COMO Shambhala or any of its affiliates and/or Spa Affiliates may suffer or incur due to or arising out of in connection with:-
6.3.1. Your breach of any of the provisions of these Terms of Use; and
6.3.2. Otherwise in connection with these Terms of Use and your use of this Website.
7 FORCE MAJEURE
7.1. COMO Shambhala, its affiliates and Spa Affiliates shall not be liable to you or any other party, or be deemed to be in default, for any loss, damage or expense arising from any delay or non-performance under these Terms of Use resulting from acts beyond its control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any Government or administrative agency strikes, labour disputes (whether or not involving Shambhala's or its affiliates’ or Spa Affiliates’ employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the above or not) beyond the reasonable control of COMO Shambhala, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation or communication services.
8 OTHER PROVISIONS
8.1. No failure, delay, relaxation or indulgence on the part of COMO Shambhala in exercising any power or right conferred upon it in these Terms of Use shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use.
8.2. If any provision of these Terms of Use is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms of Use, such provisions shall be fully separable and these Terms of Use shall be construed as if such illegal or invalid provision had never comprised a part of these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms of Use.
8.3. Except for all affiliates of COMO Shambhala and Spa Affiliates, no other person shall have any rights under the Contracts (Rights of Third Parties) Act to enforce or enjoy any benefit under these Terms of Use Notwithstanding anything in these Terms of Use the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms of Use.
8.4 These Terms of Use constitute the entire agreement between you and COMO Shambhala with respect to your use of this Website and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between COMO Shambhala, its affiliates and/or Hotel Affiliates in respect of the matters dealt with in these Terms of Use. No promise, inducement, representation or agreement other than as expressly set forth in these Terms of Use has been made by COMO Shambhala, its affiliates and/or Spa Affiliates.
9 APPLICABLE LAW
9.1. Your use of this Website shall be governed by, and interpreted in accordance with the laws of Singapore. The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use and your use of this Website (including a dispute regarding the existence, validity or termination of these Terms of Use (a “Dispute”). You agree that the courts of Singapore are the most appropriate and convenient courts to settle a Dispute and you agree not to make any argument to the contrary.