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Terms and Conditions
About the Event & Eligibility
Island Happenings (the “
Event
”) runs from now to 31 March 2023 or such other date(s) as may be determined by Sentosa Development Corporation (“
SDC
”) in its sole and absolute discretion from time to time without prior notice in whatever mode of communication, as SDC deems fit (“
Event Period
”).
The Event is open and available to all members of the public (each a “
Event Visitor
” and collectively “
Event Visitors
”). These terms and conditions of use, as may be amended from time to time, constitutes an agreement (“
Agreement
”) between SDC and you in relation to your participation and your visit to the Event on Sentosa island. By proceeding with your participation in the Event, you agree to be bound by the terms and conditions set out herein (the “
T&Cs
”).
The Event is open only to booking guest(s) (each a “
Event Visitor
” and collectively “
Event Visitors
”). These terms and conditions of use, as may be amended from time to time, constitutes an agreement (“
Agreement
”) between SDC and you in relation to your participation and your visit to the Event on Sentosa island. By proceeding with your participation in the Event, you agree to be bound by the terms and conditions set out herein (the “
T&Cs
”).
“
Event
” refers to both paid and free programmes provided by SDC to the Event Visitors for duration of Island Happenings.
“
Portal
” refers to the online website at
islandhappenings.sentosa.com.sg
which facilitates the booking of the Event.
General
SDC reserves the right to approve or refuse any participation by any person which SDC reasonably believes are in breach of these T&Cs.
If you are below 18 years of age, you are required to seek your parent or legal guardian’s permission and confirm that your parent or legal guardian has consented to the terms of this Agreement on your behalf.
All Event Visitors are required to comply with all applicable laws and regulations, including but not limited to the prevailing Safe Management Measures relating to COVID-19 laws and regulations issued by the Singapore Government.
SDC shall not be responsible for any incomplete, lost, late, damaged, illegible, or misdirected forms or email communication, for technical hardware or software failure of any kind, lost and unavailable network connections, or failed, incomplete, garbled or delayed electronic transmission, in relation to any platforms or systems (including SingPass), which may limit an Event Visitor’s ability to participate in the Event.
By participating in the Event, all Event Visitors agree and undertake to, at all times, indemnify, keep indemnified, and hold SDC, its employees and agents harmless against all losses (including direct, indirect, incidental and/or consequential losses), damages (including general, special, and/or punitive damages), demands, injuries (other than personal injury caused by SDC’s negligence), claims, costs, penalties, interest and fees (including all legal fees as between solicitor and client or otherwise on a full indemnity basis whether or not incurred in respect of any real, anticipated, or threatened legal proceedings), howsoever caused by, arising or resulting from, whether directly or indirectly, the participation in the Event, and/or any breach or purported breach of these terms and conditions and/or any applicable law.
SDC shall have the right to suspend or end this Event or change any terms and conditions herein at any time providing any prior notice, including but not limited to the Event Visitors’ eligibility and Event dates.
SDC may, at its discretion, forfeit the registration or participation at the expense of the Event Visitor without payment, compensation, or having to give any reason whatsoever in the event SDC subsequently discovers that the Event Visitor is not eligible to participate in the Event.
If there is any difference between these terms and conditions and the contents of any brochure, marketing and/or promotional material relating to this Event, these terms and conditions will prevail.
SDC’s decision on all matters relating to the Event shall be final and binding on all Event Visitors, including without limitation, any decision on the eligibility of any person or cancellation or suspension of the Event, without any obligation to furnish notice and/or reason. No correspondence or appeal will be entertained.
SDC reserves the right to disqualify or disregard any Event Visitor who does not comply with the terms and conditions contained herein.
SDC has the sole and absolute discretion to exclude any Event Visitor from participating in the Event without any obligation to furnish notice and/or reason.
Failure by SDC to exercise any of its right or remedy under these terms and conditions contained herein does not constitute a waiver of that right or remedy.
The laws of Singapore shall apply to these terms and conditions, and any dispute between you and us will be dealt with in the courts of Singapore.
As an Event Visitor, you also agree to participate and co-operate with SDC in all promotional activities relating to this Event, including but not limited to being interviewed, filmed and photographed. You agree to grant SDC a perpetual, non-exclusive and worldwide license to use such recorded footage and/or photographs of you in all media, including online social networking sites and you agree that you shall not be entitled to the payment of any fee for such use. SDC shall not be liable for any third party’s misuse of the information provided by you and/or images of you as a result of your participation in this Event.
For purposes of ensuring the safety of all Event Visitors (including but not limited to the prevention of accidents), all Event Visitors shall obey the instruction(s) of Staff. If any Event Visitor fails to obey such instruction(s), he or she shall be removed immediately from the Event in the sole and final discretion of SDC. Staff means a member of the Event’s official staff (for the avoidance of doubt, including without limitation police, auxiliary police and/or security officers providing security arrangements for the Event and SDC’s employees, officers and agents).
SDC reserves the right to stop, cancel, vary, amend, change or postpone the Event without any prior notification, refund or compensation. For the avoidance of doubt, SDC is not liable to any Event Visitor for any changes to any format, line-up, facility or element of the Event.
Should the Event (or any part thereof) be cancelled by SDC due to wet weather circumstances, SDC shall refund the respective payment(s) made by the Event Visitors via their original mode of payment.
Collection and Use of Personal Data
For the purposes of this section, “
Personal Data
” refers to data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which SDC and/or its related corporations has or is likely to have access.
This section supplements the
Data Protection Policy
. Please review and ensure that you fully understand and agree to the terms set out in this section and in the Data Protection Policy.
Personal details such as your name, email address and personal mobile phone number will be collected, used, disclosed and processed for the following purposes:
to process, administer, manage and validate your booking made under the Sentosa Events chatbot platform, which may involve communicating with you via various modes of communications such as e-mail, phone call and text messages about your booking;
dealing with or facilitating customer service, carrying out your instructions, or dealing with or responding to any enquiries given by you or on your behalf;
preventing or investigating any fraud, abuse of the service, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned;
complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction;
to conduct trending, research, analysis and development activities (including but not limited to data analytics, surveys, product and service development and/or profiling) to improve our services and/or to enhance guest experience;
producing statistics and research for internal and statutory reporting and/or record-keeping requirements.
By providing your personal data in connection with your booking, you hereby agree and consent to the collection, use, disclosure and/or processing of your personal data by the SDC and its related corporations and their third-party service providers, agents and/or affiliates, which may be sited within or outside of Singapore, for the purposes listed herein and in the Data Protection Policy.
Where you have provided personal data of individuals other than yourself, you warrant and represent that the personal data of these individuals are legitimate and accurate, that you are validly acting on behalf of and have the authority from each of these individuals, and that you have obtained each of these individuals’ consent, to disclose their personal data to SDC and its related corporations and for SDC and its related corporations to collect, use, disclose and process their personal data for the purposes listed herein and in accordance to the terms herein.
Booking of the Event
To book the Event, the Event Visitor will have to submit a duly completed booking application and pay the booking fees on the Portal.
Booking for the Event is subject to availability. Event Visitors will only be able to complete the booking application process and pay the booking fees on the Portal only if the dates and times which the Event Visitor has selected is available.
Event Visitors will have to complete the required information fields in the booking application form before they are able to proceed to the payment page. The information in the booking application (which includes the personal particulars of the Event Visitors and the selected Event) is essential as it enables SDC to provide the Event experience.
SDC will not be held liable for any incorrect information provided by the Event Visitor in the booking application.
Once a booking application is submitted via the Portal together with the payment of the booking fees have been paid by the Event Visitor, it will be deemed to be an unconditional and irrevocable offer and SDC shall be entitled (but not obliged) to process and accept the booking without the Event Visitor’s further consent.
SDC reserves the right to reject any booking application at its sole and absolute discretion and without having to provide any reason. Without prejudice to the foregoing, bookings may be rejected by SDC in the following scenarios: (a) non-compliance by the Event Visitor of any conditions specified at the time of the booking; (b) inability to process payment for whatever reason; (c) the unavailability of the Event on the dates selected; or (d) any errors that have been made on the Portal or any errors made in connection with the Event Visitor’s booking.
Bookings made by the Event Visitor shall only be considered accepted by SDC when SDC issues a booking confirmation to the Event Visitor via the Portal or via email to the Event Visitor’s email address provided in the booking application, acknowledging and confirming the Event Visitor’s booking for the Event. In such an event, a valid and binding Agreement shall be deemed to have formed between SDC and the Event Visitor.
The Event Visitor further represents and warrants at the time of submitting the booking application that:
he has provided all information required on the Portal accurately and shall offer all necessary co-operation in order for SDC to fulfil its obligations under these T&Cs;
all data or information submitted by the Event Visitor on the Portal do not contain any electronic virus or other similar malicious electronic code;
the Event Visitor’s use of the Portal does not and will not contravene any law, rule, regulation, judgment, decree, permit, authorisation, policy or directive (in each case, whether or not having the force of law) which is binding on or otherwise applicable to the Event Visitor or to which he is subject; and
the Event Visitor is 18 year of age or older and is of legal capacity to enter into binding contracts when submitting the booking application on the Portal.
Prices and Payment
The Event Visitor shall pay the booking fees for the Event that is specified on the Portal. All listed prices are subject to GST and other taxes, unless otherwise stated. SDC reserves the right to amend the listing prices at any time without giving any reason or prior notice.
The Event Visitor shall complete payment by selecting one of the payment methods on the Portal. The Event Visitor’s booking will only be completed only after payment has been made. All payments are subject to the terms of use as stipulated by the payments processing agent.
In the event of a pricing error on the Portal and notwithstanding that an Event Visitor has completed the payment process, SDC reserves the right to correct the pricing error and (where applicable) charge the Event Visitor for the difference in the pricing (between the correct price and the erroneous price) for the Event. In such an event, an Event Visitor will be given the option to either pay the difference in amount or choose to cancel the booking and receive a full refund.
Event Visitors are entitled to a discount of $5 where payment is made with an Islander promo code on the Portal. This promotion is valid till 31 March 2023 (inclusive) and open to all Islander members’ bookings made on the Portal.
Safety and Security of belongings
While SDC will endeavour to ensure that all Event Visitors have a safe and enjoyable experience, all Event Visitors should be responsible for the safety and security of their own belongings/property during the period of the Event.
Non-Liability and Indemnity
Event Visitors warrant that they participate in the Event at their own risk, and shall ensure that they are physically and medically able to participate in such activities within the Event venue.
Whilst reasonable precautions will be taken by SDC to ensure the Event Visitors’ safety during and at the Event, the Event Visitor takes part in the Event at his or her own risk and shall take reasonable care of himself or herself.
To the fullest extent permitted by law, none of SDC, its related corporations and associated companies and the employees, officers, third party service providers, contractors and agents shall be responsible or held liable for any loss, damage, injury, cost or expense (including any loss of profit or any special, indirect or consequential loss) however suffered or incurred by or caused to you arising out of or in connection with your access or use of the booking platform and/or your visit to the Event, whether in an action based on contract, tort or otherwise.
You agree to indemnify and hold harmless SDC, its related corporations and associated companies and the employees, officers, third party service providers, contractor and agents (collectively, the “
Indemnified Parties
”) from and against all actions, proceedings, claims, liabilities (whether criminal or civil), cost, expenses, fees and damages suffered and legal fees and costs incurred by any of the Indemnified Parties arising out of or in connection with your breach of this Agreement or your participation in the Event.
SDC makes no warranties or representations whatsoever and whether express or implied, in respect of the social mediator any of its contents (including but not limited to the merchantability or fitness for a particular purpose of the prizes or in relation to whether the content and delivery of the Event Microsite is free from errors, bugs or viruses, uninterrupted or repairable if damaged or impaired).
Neither SDC nor SDC’s employees, affiliates, representative offices, authorized agencies or any other associated sponsors associated with the Event shall be held liable for any failure or omission to carry out the Event in accordance with these terms and conditions or for any loss or damage suffered by you in relation to the Event or your participation therein, including where such failure, omission, loss or damage arises out of or in connection with any event of force majeure, including without limitation any calamity or conditions, Acts of God, war or warlike hostilities, civil commotion, riots, blockades, embargoes, sabotages, strikes, fires, lockouts, shortages of material or labor, terrorist activity, epidemic, quarantine restrictions, health risk or any defect, failure, or any other occurrence beyond the reasonable control of SDC, SDC's employees, affiliates, representative offices, authorized agencies or any sponsor associated with the Event, as the case may be.
Terms of Use and Conduct of Event Visitors
Event Visitors shall be responsible for their personal belongings and/or personal equipment while visiting the Event.
Event Visitors warrant that they shall not cause any damage to the premises and/or Event venue.
Event Visitors shall be mindful of other Event Visitors and members of the public within the Event venue and in the vicinity of the Event venue and shall cooperate with SDC staff to ensure a safe environment for all such Event Visitors and members of the public. Event Visitors shall adhere to all instructions made by SDC staff.
SDC reserves the right to remove from the Event Visitors from the Event venue if SDC is of the opinion that they are uncooperative, or whose actions and conduct are deemed to be unreasonable and/or detrimental to the enjoyment, well-being and safety of other Event Visitors and members of the public.
SDC reserves the right to close the Event venue or any part thereof, for any reason whatsoever, including without limitation, circumstances beyond SDC's control or in the interest of public safety or if closure is directed by the authorities, with or without prior notice. SDC bears no liability whatsoever in respect of such closures. SDC’s decision shall be final and conclusive.
Acceptance of Terms and Conditions
By submitting a booking application, the Event Visitor acknowledges that he has read, understood and agreed to be bound (personally and on behalf of the Event Visitors in the same booking) by these T&Cs, including all amendments, additions, replacements and modifications as may be made by SDC from time to time.
The Event Visitor warrants that he/she has the capacity to be bound by these T&Cs and to enter into a valid Agreement. If the Event Visitor is a minor or otherwise legally disabled, the Event Visitor represents that a parent or legal guardian has consented on the Event Visitor’s behalf to the booking and agrees to be legally responsible for the Agreement.
The Event Visitors acknowledges that the T&Cs shall apart from binding the Event Visitor, shall also be binding on all Event Visitors in the same booking and that the Event Visitor agrees to indemnify SDC for any loss or damage suffered by SDC as a result of a breach of the T&Cs by the Event Visitor and/or the Event Visitors in the same booking.
Cancellation and/ or Changes in Booking
Once a booking confirmation has been issued by SDC, no refund will be provided in the event that the Event Visitor decides to cancel the booking. Cancellation of a booking by the Event Visitor after a booking confirmation has been issued would be deemed to be a termination of the Agreement by the Event Visitor.
SDC reserves the right to cancel any booking confirmation notwithstanding an Agreement having be formed, if for whatever reason it is unable to fulfil the booking confirmation or is unable to provide the complete Event to Event Visitors, whether due to a Force Majeure Event or otherwise. In such an event, SDC shall provide a refund of the booking fees to the Event Visitors through the same payment method made on the Portal. Save for the foregoing, SDC shall not be liable to the Event Visitors for any loss or damage suffered as a result of the termination of the Agreement by SDC pursuant to this clause.
Miscellaneous
Event Visitors shall comply with the Sentosa Development Corporation Act and its regulations, and all rules, orders, directives, or codes issued by SDC from time to time.
SDC may, in our sole discretion, update and amend this Agreement at any time and without liability or prior notice to you. By proceeding with your booking and your visit to the Event following such an update shall constitute your agreement to be bound by the updated terms of this Agreement.
You may not assign or transfer any or part of your rights or obligations under this Agreement to any party.
No failure by SDC to enforce any provision in this Agreement shall constitute a waiver of the right to subsequently enforce that provision or any other provision of this Agreement. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
The Contract (Rights of Third Parties) Act (Cap. 53B) shall not under any circumstances apply to this Agreement and any person who is not a party to this Agreement shall have no right whatsoever to enforce this Agreement or any of its terms.
If any applicable law or a court of competent jurisdiction holds or declares any provision of this Agreement to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall not be affected.
This Agreement (including all subsequent additions or amendments) shall be governed by and interpreted in accordance with the laws of Singapore. Any matter or dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Courts of Singapore.
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