Terms for Use of Website

Thank you for visiting www.comohotels.com, (hereafter referred to as this “Website”). 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 to be legally bound by the terms and conditions set out herein (these “Terms of Use”).

1. GENERAL
1.1. The COMO Group comprises Club 21, COMO Hotels and Resorts, COMO Shambhala and the COMO Foundation.
1.2. These Terms of Use contain the provisions in the contractual relationship entered into between you and the COMO Group which you agree to be binding and enforceable at the time you access and/or use this Website and any of the services provided by the COMO Group via this Website.  You are deemed to have read, understood and accepted these Terms of Use.
1.3. The COMO Group 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 continued use of this Website and any of the services provided herein after such changes are posted, 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 and information on the COMO Group and each member of the COMO Group, the hotels and resorts, the COMO Foundation activities, all programmes, products and services offered by the COMO Group (the “Contents”) appearing on this Website are protected by copyright, trademark and other forms of proprietary rights (“Intellectual Property”) which are owned, licenced to or controlled by the COMO Group or its affiliates.
2.2. Except as otherwise provided and agreed to in writing by the COMO Group, you are strictly prohibited from uploading, downloading, copying, reproducing, re- publishing, transmitting or distributed in any way, the Contents or any part thereof.
2.3. The COMO Group retains all rights, title and interests in all Intellectual Property in the Contents and all concepts, systems, written, graphic and other materials in this Website.

3. ACCESS TO WEBSITE
3.1. The COMO Group 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 maintained by the COMO Group 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 Group does not exercise control over any data or any information which you give to any other entity after leaving this Website.  Any access to such other websites is entirely at your own risk.  The COMO Group shall not be liable for any damages or loss arising from you accessing such other websites.
4.2. All hyperlinks to such other websites are provided as a convenience to you, and the COMO Group is 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 100% secure. Consequently, the COMO Group 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.  The COMO Group therefore 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, releasing such information to any advertisers, parent company, related companies and associated companies 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 the COMO Group 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. The COMO Group does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, non-infringement of the Contents;
6.1.3. To the fullest extent permitted by law, the COMO Group 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 each member of the COMO Group (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.  No member of the COMO Group is liable for any computer virus, 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 Group 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 each member of the COMO Group, its directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, demand or costs (including solicitors’ fees on a full indemnity basis) which the COMO Group 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. The COMO Group shall not be liable to you or any other party, or be deemed to be in default, for any delay or failure in 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 the Government of Singapore or of any of its government agencies, strikes, labour disputes (whether or not involving the COMO Group’s 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 foregoing or not) beyond the reasonable control of the COMO Group, (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 and communication services.

8. OTHER PROVISIONS
8.1. No failure, delay, relaxation or indulgence on the part of the COMO Group 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 terms 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 the members of the COMO Group, no person shall have any rights under the Contracts (Rights of Third Parties) Act (Cap 53B) unless that person is expressly named in these Terms of Use.

9. APPLICABLE LAW
9.1. These Terms of Use shall be governed by, and shall be construed in accordance with the laws of Singapore and you agree to submit to the jurisdiction of the Singapore courts.

2011 COMO Hotels and Resorts
All rights reserved