By using citynomads.com, or the services offered by it, you are agreeing to be bound by these terms of service. Note they may be modified by us from time to time. Please read these terms of service carefully. We have created them to protect you and to ensure that citynomads.com is safe and fun for everyone.
If you do not agree to these terms of service, please do not enter citynomads.com competitions or register as a member, or subscribe to our newsletters or other subscription based services.
1. Acceptance of Terms of Service
citynomads.com is provided free of charge to you by City Nomads Pte Ltd (“City Nomads”) under these terms of service (Terms of Service). These Terms of Service govern your use of citynomads.com (whether you are a member, a subscriber or a visitor) and govern all services provided to you by City Nomads in connection with citynomads.com, including but not limited to, access to City Nomads platforms and use of any email accounts, and other features and services such as personal home pages, provided from time to time.
2. Amendments
2.1 We reserve the right to amend these Terms of Service from time to time without notice to you. Please check the Terms of Service periodically to see whether a change has been made to them. We may (at our discretion) provide you notice of such changes to any email address you have provided to City Nomads. If you do not agree with any change in these Terms of Service, please discontinue further use of citynomads.com. Your continued use of citynomads.com will signify your acceptance of any change in the Terms of Service set out here.
2.2 From time to time City Nomads may supplement these Terms of Service with additional terms applying to specific content or events, such as competitions (“Additional Terms”). Any Additional Terms will be clearly placed on citynomads.com to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms of Service.
2.3 City Nomads may modify or discontinue citynomads.com with or without notice to you and without liability to you or any third party.
3. Your use of citynomads.com
3.1 City Nomads require’s all users of citynomads.com to comply with these Terms of Service (including the standards below). If you see a message which you believe breaks the following standards please report it to us immediately on editorial@citynomads.com. All reports are reviewed as soon as possible during normal office hours. User’s views expressed on our platforms are not those of City Nomads.
3.2 You alone are responsible for the content of your messages and your use of citynomads.com and the consequences of any such messages. By using citynomads.com you agree to comply with the following guidelines:
(a) citynomads.com is to be used by you for your personal use only and use of citynomads.com for commercial purposes or to obtain financial gain are strictly prohibited without City Nomads’s prior written consent.
(b) citynomads.com may not be used to send chain letters, junk mail, ‘spam’, solicitations (commercial or non-commercial) or bulk communications of any kind unless the recipient has given specific permission to be included in such a list. citynomads.com may not be used to advertise a company, product or service or to recruit staff.
(c) You are not permitted to post links to alternative community groups unless it is with the express permission of citynomads.com
(d) You may not post to citynomads.com or use citynomads.com to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party’s intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the normal flow of a City Nomads platform.
(e) You must not impersonate any other person or entity, whether actual or fictitious.
(f) You will not harass or intimidate any citynomads.com member either on a City Nomads platform, via email communication, or any other method of contact.
(g) You must not post or use any part of citynomads.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
3.3 City Nomads reserves the right in its absolute discretion at any time to edit, alter, delete or move any material whatsoever posted to, appearing on or distributed by citynomads.com and you. City Nomads will not enter into any discussions about its decision to edit, alter, delete or move such material.
4. Intellectual Property
4.1 citynomads.com its contents and all Rights therein are owned by City Nomads (and/or its licensors). “Rights” means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) Citynomads.com is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.
4.2 You may view, print, download or temporarily store extracts from citynomads.com for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any citynomads.com material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any citynomads.com content or materials.
5. Competitions
Entry to competitions is free and open to Singapore residents only. This competition is open to anyone resident in Singapore except for the staff of City Nomads, and any related 3rd party retailers involved in a specific competition, and their families. Entries must be submitted in the formats specified in the entry form.
5.1 City Nomads reserves the absolute right to reject any incorrect or incomplete entries. City Nomads reserves the right to reject any entry on any grounds that it may from time to time consider appropriate.
5.2 The competition can be extended or cancelled at anytime without notice and at the discretion of City Nomads.
5.3 No entrance fee or purchase is required to enter the competition.
5.4 The decision of City Nomads to accept or reject an entry is final and no correspondence will be entered into.
5.5 Entrants must be over 18 years of age.
5.6 Competition winners will be announced in within 5 days after the close of the competition or as specified in “Additional terms”.
5.7 No alternative cash or otherwise to the stated prizes are available.
5.8 City Nomads shall be obliged to contact the prize winner only at their email address given on the entry form.
5.9 Any prize not claimed within 5 days of sending notification of a winning entry or as specified in “Additional Terms” shall be forfeited. City Nomads may award the prize to another entrant.
6. Third Party Web Sites, Goods and Services
6.1 citynomads.com provides links to third party web sites that are not affiliated with City Nomads (although City Nomads branding may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.
6.2 All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and City Nomads will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against City Nomads with respect to any such sites.
7. Disclaimer of Warranties
7.1 citynomads.com is provided on an “as is” and “as available” basis. City Nomads expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
7.2 You understand and agree that City Nomads does not guarantee the accuracy or completeness of any information in or provided in connection with citynomads.com. City Nomads is not responsible for any errors or omissions or for the results obtained from the use of such information.
7.3 City Nomads shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on citynomads.com.
7.4 City Nomads makes no warranty that the citynomads.com will meet your requirements, or that the citynomads.com network will be uninterrupted, timely, secure, or error free; nor does City Nomads make any warranty as to the results that may be obtained from the use of citynomads.com.
7.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of citynomads.com is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
8. Limitation of Liability
8.1 Except as required by law, City Nomads shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill, revenue in each case regardless of whether such losses or damages arise in the normal course of events or whether City Nomads has been advised of the possibility of such damages.
8.2 City Nomads will not be liable for any such losses or damages whether arising in contract, tort (including negligence) or otherwise arising out of or in connection with this website including without limitation the use or the inability to use citynomads.com or messages received, or transactions entered into through citynomads.com, or resulting from unauthorised access to or alteration of your transmissions or data.
8.3 Nothing in these Terms of Service shall operate to exclude or restrict City Nomads liability for death or personal injury caused by negligence.
9. Termination & Remedies for Breach of these Terms by You
9.1 City Nomads will be entitled to restrict, suspend or terminate your membership or deny you access to citynomads.com or take such other action as City Nomads deems appropriate if City Nomads determines, in its sole discretion, that you are in breach any of the Terms of Service or City Nomads considers in its sole discretion that your use of citynomads.com is inappropriate or otherwise unacceptable.
9.2 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which City Nomads may have against you in respect of your breach of these Terms of Service.
9.3 City Nomads shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies.
10. Indemnification
You agree to indemnify and hold each of City Nomads, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of citynomads.com, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, or of any intellectual property or other right of any other person or entity
11. Advertisers
All online advertising orders are subject to these terms and conditions (‘these Conditions’) which shall apply to the exclusion of all other terms and conditions and no variation or addition thereto shall be effective unless specifically agreed to in writing by the Publisher. Any other terms or conditions sought to be imposed by the Advertiser are expressly excluded.
DEFINITIONS
1. In these Conditions attaching to Online Advertising Contracts: ‘Publisher’ means City Nomads Pte Ltd and ‘Advertiser’ means the person booking the advertising space including Advertising Agents and Independent Media Buyers. Advertising Agents and Independent Media Buyers shall for the purpose of these Conditions act as principals on their own behalf for all purposes connected herewith. ‘Rate Card’ means the Publisher’s current scale of charges for advertisements, a current copy of which may be obtained from the Publisher. ‘Contract’ means a legally binding booking accepted by the Publisher in accordance with Condition 2 for publication of an Advertisement. ‘Copy’ means all material provided by an Advertiser with the intention that such material should appear on the Publisher’s online property. ‘Advertisement’ means advertising messages to be displayed on a website, email or otherwise. ‘Cancellation’ of a Contract means cancellation of either all or part of the remaining unperformed part of the Contract unless the context of the relevant condition makes it clear that cancellation of only a specific insertion(s) is referred to.
SUBMISSION AND PUBLICATION OF ADVERTISEMENTS
2. The issue of a Rate Card does not constitute an offer by the Publisher to contract. A Contract is made only by the Publisher’s acceptance of the Advertiser’s order as effected by the Publisher issuing and receiving an Purchase Order Form.
3. Advertisement rates are subject to revision at any time and the price prevailing at the time the Contract is made binds the Publisher only in respect of the agreed booking as confirmed by the Publisher’s Purchase Order Form.
4. All orders are accepted subject to acceptance of Copy by the Publisher, as indicated in Condition 7, and if it is intended to include in an Advertisement a competition or a special offer of merchandise, other than that normally associated with the advertised product, full details of such competitions or special offers must be submitted by the Advertiser in writing at the time the order is negotiated.
5. It is the Advertiser’s responsibility to check the correctness of the Advertisement. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable laws, legislation, regulations, codes of practice and is not an infringement of any other party’s rights. The Advertiser hereby grants a world-wide non-exclusive, fully paid licence to reproduce and display the Advertisement (including all contents, trademarks and brand features contained therein). The Advertiser will indemnify the Publisher fully for all costs, expenses, damages or liability whatsoever (including legal costs and awards ordered against the Publisher) in respect of any claim made against the Publisher arising from the Advertisement or its publication or as a result of any breach or non-performance of any of the representations, warranties or other terms contained herein or implied by law.
6. The Advertiser warrants that all copy submitted to the Publisher (and any linked website) is legal, truthful, honest and decent and otherwise complies with the Singapore Code of Advertising, Sales Promotion and Direct Marketing and all other relevant and applicable codes, guidance or regulations under the remit of the Advertising Standards Authority.
7. The Publisher reserves the right in its absolute discretion to require the Advertiser to amend any artwork, materials or copy for and relating to any Advertisement or to cancel any Contract or to omit or suspend an Advertisement (for example if it is libellous, unlawful, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or its servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full notwithstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as reasonably possible.
8. All contents of Advertisements are subject to the Publisher’s approval. The Publisher does not undertake to review the contents of any Advertisement and any such review of and/or approval by the Publisher will not be deemed to constitute an acceptance by the Publisher that such Advertisement is provided in accordance with these Conditions nor will it constitute a waiver of the Publisher’s rights hereunder. The Publisher reserves the right at any time in its absolute discretion to:
8.1 Reject or cancel any Advertisement, Order, URL link, space reservation or position commitment;
or 8.2 Remove any Advertisement from any of the Publisher’s properties or any page.
9. Except as otherwise expressly provided, positioning of Advertisements within the Publisher’s properties or on any page is at the sole discretion of the Publisher, and the Publisher will not be prohibited from also carrying Advertisements for any product or business competitive to the product or business of the Advertiser.
10. The Publisher does not warrant the date or dates of insertion of the Advertisement(s) and does not warrant that the Advertisement(s) will not be displayed after the end date specified. However, the Publisher will use reasonable efforts to comply with the Advertiser’s wishes in these regards.
11. Complaints concerning mistakes or problems with the production on the website must be received in writing by the Publisher not more than 14 days after the first publication of the Advertisement, failing which the Advertisement shall be deemed to be accepted by the Advertiser.
LIABILITY
12. The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract (including failure to deliver the number of impressions provided in the Contract), whether through any failure (technical or otherwise) or negligent act or omission on the part of the Publisher or any third party, the Publisher’s liability will be limited (at the option of the Publisher) to either:
(a) publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable in the period following the period during which the Advertisement was scheduled to run and for such time as is necessary to generate a number of substitute impressions equal to the shortfall;
or (b) refund to the Advertiser that proportion of the amounts paid which relate to those Advertisements and/or impressions which were not provided or, if the relevant amounts were not paid by the Advertiser, agree that such amounts will not be due or payable.
The Publisher shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Publisher’s error or negligence or by any reason whatsoever. The Publisher shall not be liable whatsoever in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within one month of the actual publication date of the Advertisement.
CANCELLATION
13. The Advertiser may cancel any Contract two weeks prior to the agreed date of publication of the Advertisement. Cancellation will be effective when written notice is received by the Publisher. The Publisher may cancel any Contract five working days prior to the agreed date of publication of the Advertisement.
14. If the Advertiser cancels any Contract in accordance with Condition 13, he relinquishes any right to that series discount (if any) to which he was previously entitled and Advertisements will be paid for at the appropriate rate. A new invoice will be issued for any surcharges relating to Advertisements that have already been invoiced at the discounted rate. The payment date for any previous invoices remains unaffected.
15. If the Advertiser fails to provide the Publisher with written notice of cancellation of the Advertisement by the relevant deadline, the Advertiser shall remain liable for payment of the Advertisement.
COPY
16. Copy must be supplied by the Advertiser to the Publisher by the last day for receiving Copy as stated by the Publisher, failing this, the Publisher cannot guarantee that proofs will be supplied or corrections made. Copy must be supplied to the Advertiser in the following terms:
(a) all Rotating GIF or 3rd Party Served creatives must be sent 2 working days prior to planned date of publication;
(b) Rich media creatives must be sent 5 working days prior to planned date of publication;
(c) Advertiser assets for inclusion in creatives to be produced by the Publisher must be sent 2 weeks prior to planned date of publication;
If these terms are not adhered to pages may go live late as a result. No extra days will be allocated to the campaign, and the supporting Advertising will be delivered within the rest of the campaign period, unless Advertisements are sent over late, then see above. The Publisher agrees where possible to change Advertisement creatives on an advertising campaign a maximum of once per week.
Any Contract that needs to have start and/or end dates amended, will have up to 5 working days prior to the campaign start date to do so. When a campaign has started, the end date may not be moved forward unless agreed to by the Publisher.
If Copy instructions are not received by the last day for receiving Copy the Publisher reserves the right in its absolute discretion to repeat Advertiser’s existing Copy in its possession where appropriate or where the Publisher does not hold any Copy to omit the Advertisement and to charge for the space reserved in accordance with Condition 7. For all Copy supplied, the Advertiser must adhere to the specification issued by the Publisher. In the event that the Advertiser’s files do not comply with the specification, the Publisher reserves the right in its absolute discretion to reject the Copy and the Advertiser will be asked to re-supply. If, due to technical, time or other reasonable constraints, the Publisher has to repair or rectify the file, the Publisher may (at its discretion) notify the Advertiser and shall not be liable for any inaccurate reproduction of the Advertisement or any resulting costs whether direct or indirect.
17. Copy supplied to the Publisher by electronic means must be free from software viruses or any other malicious computer code or corruption which will harm the Publisher’s computer systems.
18. Advertiser’s property, originals, artwork, type, mechanicals, positives etc are held by the Publisher at the owner’s risk and should be insured by the Advertiser against loss or damage from whatever cause. After performance of the Contract relating to such materials, the Advertiser shall be responsible for collecting all such materials which it requires from the Publisher’s premises, failing which, the Publisher reserves the right to destroy all artwork, film, copy or other materials which has been in its possession for more than three months and no liability shall be attached to the Publisher in respect of such destruction.
19. Advertisements will be published to the representation as provided by file (or other accepted medium) by the Advertiser and the Publisher shall not be liable for any lack of clarity or other error in representation that results from the representation of the Advertisement as it was provided by the Advertiser. Reasonable standard charges will be made to the Advertiser where production work of any kind is required to put the Advertisements in a form suitable for publication for any reason and at any stage. The Publisher will notify the Advertiser of such charges in writing upon receipt of advertising Copy.
ADVERTISING IMPRESSIONS
20. Except as otherwise expressly agreed in the Contract, the Advertiser acknowledges that the Publisher has not made any guarantees with respect to usage statistics or levels of impressions for any Advertisement. The Publisher provides the Advertiser with estimated usage statistics only as a courtesy to the Advertiser and the Publisher will not be held liable for any claims relating to any usage statistics however supplied. The Advertiser acknowledges that delivery statistics provided by the Publisher are the official, definitive measurements of the Publisher’s performance on any delivery obligations agreed in the Contract. The processes and technology used to generate such statistics have been certified and audited by an independent agency. No other measurements or usage statistics (including those of the Advertiser or a third party ad server) will be accepted by the Publisher or have bearing on this Agreement.
21. Advertising performance reports concerning the Advertisement creatives are generated by the Publisher. The figures in such reports shall be the official definitive measure of the Advertiser’s performance. Upon reasonable request, and at the Advertiser’s cost, the Publisher shall provide monthly website traffic reports to the Advertiser.
22. In the event of any material breach of these Conditions by the Advertiser, uncured within 10 working days of notice thereof, the Publisher reserves the right to terminate this Agreement immediately, to withdraw the Advertisement accordingly, and to invoice the Advertiser for the full amount payable by the Advertiser notwithstanding that the term of the Contract may not yet be finished nor GTI targets have been reached.
TERMS OF PAYMENT
23. (a) Unless otherwise stipulated by the Publisher, payment is due to be received from the Advertiser within 30 days from date of the invoice or on receipt of invoice prior to the campaign / activity. If the Advertiser defaults in making payment of any sums by the due date, the Publisher reserves the right to require immediate payment for all Advertisements booked by the Advertiser (failing which the Publisher shall be entitled to terminate the Contract forthwith by written notice to the Advertiser) and to require payment in advance for future bookings, and pending such payment to omit or suspend all or any Advertisements due to appear under an existing Contract with the Advertiser.
(b) The Advertiser shall not set-off or claim to set-off for any reason whatsoever any sum or amount whether in dispute or agreed which may be payable by the Publisher to the Advertiser against any sum or amount whatsoever payable by the Advertiser to the Publisher.
24. Any queries concerning an invoice must be raised within 10 working days of the date of invoice.
GENERAL
25. The Advertiser expressly acknowledges that he has not relied on any representation made by or on behalf of the Publisher in entering the Contract.
26. The Advertiser may not assign or transfer any of its rights under these Conditions to any third party.
27. The Publisher and the Advertiser warrant that they will duly observe all their obligations under the The E-commerce Code for the Protection of Personal Information and Communications of Consumers of Internet Commerce. (as applicable) which may arise in connection with this Agreement.
28. These Conditions shall constitute the entire agreement between the parties with regard to its subject matter and shall supersede all prior understandings, commitments and undertakings that either party may have given.
29. Where the Advertiser for the purposes of these Conditions is an advertising agency, the Advertiser represents, warrants and undertakes that it has full authority to enter into the Contract on behalf of, and to bind, the company whose products or services are being promoted.
30. The Publisher and Advertiser warrant that any information given to the other party which ought reasonably be treated as confidential shall be treated as such and such information shall not be disclosed by either party without the prior written consent of the other.
31. These Conditions and all other terms of the Contract shall be construed in accordance with the Laws of Singapore and the parties submit to the jurisdiction of the Singaporean courts.
12. Miscellaneous
12.1 In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deleted and the remainder of the terms of these Terms of Service will remain in full force and effect.
12.2 Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
12.3 City Nomads may assign its rights and obligations under these Terms of Service and upon such assignment City Nomads shall be relieved of any further obligation under these Terms of Service.
12.4 These Terms of Service, any Additional Terms (as defined in section 2 above) constitute the entire understanding between you and us as to your use of citynomads.com and supersede all prior agreements and understandings between us and you. Nothing in these Terms of Service shall operate to exclude or restrict your or our liability for fraudulent misrepresentation.