Terms of Use

Terms of Use

In these Terms of Use, the user of the Website is defined as “You” or “Your” and the provider of the Website is defined as “We”, “Us” or “Our”.

These Terms of Use apply to Your use of the website at https://gardeningsg.nparks.gov.sg/ and its related sites (“Website”). The Website is owned and operated by the National Parks Board. Access to and use of the Website is subjected to the following Terms of Use. Your access to and use of the Website constitute Your acceptance of these Terms of Use which shall take effect from the first date You access the Website. If You do not agree to these Terms of Use, You are not authorised to access the Website and should cease using the Website immediately.

The National Parks Board may at any time revise the terms and conditions contained in this section of the Website.

Proprietary Rights

All copyrights in the text, images, photographs, graphics, user interface, and other content provided on the Website (“Contents”), as well as the selection, coordination, and arrangement of such Contents are owned by the National Parks Board or third party licensors. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Contents on the Website for any purposes without prior written consent of the National Parks Board. Nothing in this Website shall be construed as conferring any licence or right under any copyright of the National Parks Board or any third party.

All rights in the names, images and logos identifying the National Parks Board, third parties and their works, products and services are proprietary marks of the National Parks Board or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under trade mark and copyright laws. Nothing in the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right of use of any names, images or logos displayed on the Website without prior written consent of the National Parks Board or its third party owner.

Contents

The Website and the Contents are for personal information, entertainment and education only. No material from the Website (including photographs, images and text) may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except for Your own personal non-commercial home use only provided that You keep intact all copyright and proprietary notices. Modification of the materials or use of the materials or any other purpose is a violation of the National Parks Board’s copyright and other proprietary rights. Any other use requires Our prior written consent.

Obligations

You are required to comply with all applicable law in connection with Your access to and use of the Website. As a condition of Your access to and use of the Website, You agree that You will not access and use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You further agree not to adapt, modify, alter or create a derivative work from any of the material contained in the Website or to use it for any other purpose other than for Your personal non-commercial use.

General Prohibited Uses

Without limiting the foregoing, You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that:

• Is copyrighted, unless You are the copyright owner; Infringes any intellectual property rights of others or on the privacy or publicity rights of others; Is defamatory, threatening, obscene, harassing, harmful or embarrassing to any other person or entity as determined by the National Parks Board in Our sole discretion; Is sexually-explicit; or Contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You further agree not to:

• Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, robots, spiders, other automatic devices) to navigate, search, monitor or copy any pages within the Website or the Contents without the National Parks Board’s prior written consent; Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; Take any action that imposes an unreasonable or disproportionately large load on the National Parks Board’s infrastructure; and Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising of in any way making up a part of the Website.

You further agree not to violate or attempt to violate the security of the Website, including, without limitation by:

• Accessing data not intended for You or logging into a server or account that You are not authorised to access; Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; Attempting to interfere with the Website to any user, host or network, including without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Website; and Sending unsolicited e-mail, including promotions and/or advertising of products or services.

Third party websites

The Website may contain hyperlinks to third party websites and material. These hyperlinked websites are not under the control of the National Parks Board and You acknowledge and agree that We are not responsible for the availability of any third party websites or material You access through the Website, and We do not endorse and are not responsible or liable for any content, advertising, products or services, or material on such websites. We shall not be held responsible or liable for any damage or loss caused, or alleged to be caused, by or in connection with Your use of or reliance on any content, advertising, products or services, or material available on such websites. Any dealings between You and any advertisers or merchants found on or via the third party websites, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any damage or loss of any kind incurred as the result of any such dealings.

Hyperlinks to third party websites are provided to You only as a convenience. Under no circumstances shall the National Parks Board be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on third party websites to which the Website is linked.

Links to the Website from other websites

Except as set forth below, caching and hyperlinks to, and the framing of the Website or any of the Contents are prohibited.

You must secure consent from the National Parks Board prior to hyperlinking to, or framing of the Website or any of the Contents, or engaging in similar activities. The National Parks Board reserves the right to impose conditions when permitting any hyperlinking to, or framing of the Website or any of the Contents.

Your hyperlinking to, or framing any part of the Website or the Contents constitute acceptance of these Terms of Use. This is deemed to be the case even after the revised terms and conditions of the Website have been posted. If You do not accept these Terms of Use, You must discontinue hyperlinking to, or framing of the Website or any of the Contents.

The National Parks Board reserves all rights to disable any hyperlinks to, or frames of any third party websites containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

The National Parks Board reserves the right to disable any unauthorised hyperlinks or frames and disclaims any responsibility for the content available on any other site reached by hyperlinks to or from the Website or any of the Contents.

Suggestions, comments and feedback, and other Information

You agree that any communications including information and material but excluding personal data as defined in the Personal Data Protection Act 2012 (“Information”) You send to the National Parks Board via this Website are non-confidential and non-proprietary unless otherwise indicated by You. Such Information shall be deemed, and shall remain, the property of the National Parks Board. None of the Information shall be subject to any obligation of confidence on the part of the National Parks Board and You agree that the National Parks Board shall not be liable for any use of the Information by reproducing, publishing or otherwise using them in any way for any purpose.

Without limitation to the foregoing, the National Parks Board shall be free to use the content of any such Information, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing, manufacturing and/or marketing of goods or services. Further, the National Parks Board shall be free to use any ideas, concepts, know-how or techniques contained in such Information for any purpose whatsoever including but not limited to developing and marketing services incorporating such Information. If the applicable law does not recognise the National Parks Board’s ownership of such Information, then You agree to grant the National Parks Board an exclusive, irrevocable, worldwide, royalty free licence to exploit the intellectual property rights, including all future copyright and all other rights of whatsoever nature (including rights now known or in the future created) in and to the Information and any revisions, additions and updates to the Information, or any derivative work(s) of the Information, whether existing now or in the future, for the full period of the intellectual property rights and all renewals and extensions, and with full rights to the National Parks Board to do anything with the Information, its revisions, additions or updates, or any derivative work(s) of the Information, as determined by the National Parks Board in Our sole discretion.

Disclaimer

The National Parks Board tries to ensure that all material provided in the Website is correct at the time of posting on the Website. For the avoidance of doubt, the National Parks Board does not warrant or make any representations regarding the use or the results of the use of the material in the Website in terms of their correctness, accuracy, reliability or otherwise and You agree that You do not and will not rely on any such representations, results or material. The National Parks Board is not liable for any action You may take as a result of relying on such material or for any damage or loss suffered by You as a result of Your taking this action.

The National Parks Board does not represent or warrant that the Website or the server that makes the Website available are free of viruses, defects or other conditions which would damage or interfere with data, hardware or software with which it might be used or that confidentiality of information transmitted through the Website would be maintained.

The material on the Website is provided on an “as is” basis and without warranties of any kind, either express or implied. To the fullest extent permissible under the applicable law, the National Parks Board disclaims all conditions, representations and/or warranties, express or implied, including, but not limited to implied warranties or conditions of satisfactory quality, merchantability, and fitness for a particular purpose, warranties against infringement of any third party intellectual property or proprietary rights, and warranties of compatibility, security and accuracy.

Limitation of Liability

Under no circumstances shall the National Parks Board be liable for any direct, incidential, consequential, indirect, special or punitive damages arising out of Your access to and use of or inability to use the Website.

Indemnity

You agree to indemnify Us immediately on demand, against all claims, liability, damages, losses, costs and expenses, including legal fees, asserted by any third party due to or arising from or in connection with Your breach of these Terms of Use.

Termination

We shall have the right to terminate immediately with or without notice Your access to and use of all or part of the Website if We determine in Our sole discretion that You have breached these Terms of Use.

Invalidity

If any of the terms and conditions of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then that term and condition shall be deemed severed from the Terms of Use and shall not affect the validity and enforceability of any remaining terms and conditions.

Governing Law and Forum

These Terms of Use shall be governed by and construed in accordance with laws of Singapore. You agree to the exclusive jurisdiction of the Singapore courts in relation to any dispute arising out of Your use of the Website.

Copyright Notice

Copyright © National Parks Board. All rights reserved. The copyright and the material contained in the Website are licensed to, or belong to and remain the property of the National Parks Board.