Terms of Use
These terms and conditions apply to this website and any other website, application, online portal or service that is in any way related or linked to this website i.e. https://www.penguin.sg/ (the “Website”)and/or its terms and conditions such as author websites and such created, operated and/or made available by Penguin Random House SEA Pte. Ltd. (collectively referred to as Websites). All software used on this Website and all content included on this Website (including without limitation site design, text, graphics, audio and video and the selection and arrangement thereof) is the property of Penguin Random House SEA Pte. Ltd. (“PRH” or “We” or “Us”) or its suppliers and is protected by international copyright laws.
These terms and conditions form the contract of usage between “you” (user) and “us” (PRH) and govern your use of the Websites. This agreement, together with all updates, supplements, additional terms, and all of Penguin Random House’s rules and policies collectively constitute and shall be referred to as the “Agreement” between you and PRH. By accessing this Website, you are giving your consent to be bound by this Agreement. If you do not agree with the terms of usage provided under the terms and conditions, you must leave this Website immediately.
All contents provided and material made available on this Website is purely for home and/or non-commercial purposes only.
Your use of this Website does not provide you with the ownership of any content or material available on the Website.
Changes to Terms of Use
PRH reserves the right at our discretion, to change, modify, add, or remove portions of these terms and conditions of use at any time. Please check these terms and use periodically for changes. All changes will become effective after 24 hours of posting and our continued use of the Websites following the posting of changes to these terms of use will mean you accept those. There may be other extant terms and conditions governing the purchase of products such as the return and shipping policies.
Copyright and Ownership
All content on this Website including but not limited to the text, music, sound, photograph, videos, graphics and images are governed protected by the Copyright Act, 2014, any subsequent amendments, the Trademark Act, 1999 and the subsequent amendments, moral rights, and other laws relating to intellectual property rights.
None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the material specifically made available for ‘downloads’ and sharing on social media on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact.
Modification of any of the content or use of any of the content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited.
Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Websites. Such permission and requests to republish and/or reuse any of the content and to use quotations or extracts from any books published by PRH or made available on the website, should be addressed to the Publicity Department at the postal address set out below:
Penguin Random House SEA PTE LTD
40 Penjuru Lane, #03-12, Block 2, Singapore 609216
or
Email to Communications@penguinrandomhouse.sg
Website Access License
PRH grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, noncommercial use of the Websites or their Content and not to download (other than page caching or unless otherwise allowed by PRH or permitted by law) or modify all or any portion of the Websites and their Content. This license does not include any re-sale or commercial use of the Websites or their Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Websites or their Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Websites and/or any portion of the Websites or their Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without PRH’s express prior written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of PRH, its content providers or its affiliates without express prior written consent. You shall not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites; or (iii) bypass any measures we may use to prevent or restrict access to the Websites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Corporate Identification and Trademark
All of our trademarks, service marks and trade names used herein (including but not limited to the corporate names and logos of PRH and its publishing divisions and imprints, names and designs of the Websites, and any logos) are trademarks or registered trademarks of PRH or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without PRH’s express prior written consent. The use of our trademarks on any other website or network computer environment is not allowed. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Websites so long as the link does not portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any PRH logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.
Penguin, Puffin, Dorling Kindersley, Rough Guides, Little Brown Book Group, Faber & Faber, Bloomsbury, A&C Black, Quercus, Greenwood and Sterling names and logos are registered trademarks.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Websites. The Websites, the Content and all related rights shall remain the exclusive property of PRH and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Websites.
Links to Third Party Websites
The Website may include links to third party Internet websites which are controlled and maintained by others. These links are included solely for the convenience of users and do not constitute any endorsement by PRH of the sites linked or referred to, nor does PRH have any control over the content of any such sites.
You shall not use PRH’s name or any language, pictures or symbols which could, in PRH’s judgment, imply PRH’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Fees
For all charges for any products and services sold on the Websites, PRH or its vendors or agents will bill your credit card or an alternative payment method. When you provide credit card information to us or our vendors, you represent to us that you are the authorized user of the credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse PRH and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Websites.
Privacy Policy
PRH takes the privacy of your information seriously. This Privacy Policy applies to the Website and governs data collection, processing and usage in compliance with the Personal Data Protection Act, 2012 (No. 26 of 2012) of Singapore (“PDPA”). By using the Website, you consent to the data practices described in this Agreement. This Privacy Policy applies to all visitors to our Website.
Information Collected from All Visitors to our Website
When you visit us, we may monitor the use of this Website through the use of cookies and similar tracking devices. For example, we may monitor the number of times you visit our Website or which pages you go to. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.
How We Use Your Information
We generally do not collect your personal data unless it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us. We use the information we learn about you to help us personalize and continually improve your experience with PRH. PRH uses this information for internal review, in order to improve the content of the Website and to notify consumers about updates to the Website.
PRH guarantees that if you supply your postal address on-line you will only be sent the information for which you provided your address but if you do not wish to receive e-mail from PRH in the future, or if you wish to be removed from mailing lists, please let us know by sending an e-mail at communications@penguinrandomhouse.sg or writing to:
Penguin Random House SEA PTE LTD.
9, Changi South Street 3, Level 08-01, Singapore 486361
Combination of Your Information
When you use more than one of our Websites, we may match information collected from you through each of those Websites and combine that information into a single user record. We may also use and/or combine information we collect off-line or from third party sources to enhance and check the accuracy of your user records.
Device Information
We may collect certain information about your computer or other device that you use to access the Websites, including IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information.
Usage Information
We may log certain information about your use of the Websites (e.g., log files, clickstream data, a reading history of the pages you view, your search terms and search results) and additional “traffic data” (e.g., time of access, date of access, software crash reports, session identification number, access times, referring website addresses).
Location Information
Cookies, Flash Cookies and Web Beacons
Like many websites, we use cookies, flash cookies, web beacons or similar technologies. “Cookies” are small text files that are stored on your computer or other device when you visit certain online pages that record your preferences and actions. We use cookies for a variety of purposes, including remembering you and your preferences, tracking your use of our Websites, and facilitating your payment transactions. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. However, please note that refusing a cookie may limit your access to the Websites.
A “flash cookie” is a data file placed on your device via the Adobe Flash plug-in, which may be built-in or downloaded by you to your computer or other device. Flash cookies may be used for various purposes, such as enabling a Flash feature and remembering your preferences. If you choose to adjust your Flash privacy settings in your device, some features of the Websites may not function properly. For more information about the privacy choices Adobe offers, visit: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html
A “web beacon” (also known as an “action tag”, “tracer tag”, or “single-pixel GIF”) is an invisible graphic that is programmed only to collect non-personal information about your use of our Websites or emails sent to you. Web beacons may be used for a number of purposes, including counting visitors to the Websites, monitoring how users navigate the Websites, counting how many emails were opened or how many links were viewed, and providing you with content customized to your interests.
Non-disclosure
PRH does not sell, rent, lease, or release your Personal Information to third parties. In addition, PRH may share limited data with trusted partners to help us perform statistical analysis. All such third parties are prohibited from using the information except to provide these services to PRH, and they are required to maintain the confidentiality of your Personal Information.
Disclosure of Personal Information
PRH will disclose or share your Personal Information, without notice, only if required to do so by law or in the good faith if any such action is necessary to: (a) comply with any legal requirements or comply with legal process served on PRH or the Website; (b) protect and defend the rights or property of PRH; and (c) act under exigent circumstances to protect the personal safety of users of the Website, or the general public.
We may disclose your personal information to third parties: (a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and (b) if PRH or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Third Party Content and Links to Third Party Websites
Our Websites may contain content hosted or served by third parties or link to websites operated by affiliates of PRH or third parties. Please be advised that the practices described in this Privacy Policy for PRH do not apply to information gathered by these third parties. We are not responsible for the actions and privacy policies employed by any third party, and our hosting of third party content or linking to third party websites does not constitute an endorsement of the content or business practices of those third parties.
Notice to Non-Singapore Users
If you are located outside the Singapore, you should be aware that your personally identifiable information will be transferred to Singapore, the laws of which may be deemed by your country to have inadequate data protection. If you are located in a country outside Singapore, and voluntarily submit personally identifiable information to us on the Websites, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in Singapore
User Submissions
Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such content (e.g., user generated content, postings to forums, comments on content, participation in communities) to PRH that they have created for consideration in connection with the Websites and any related programs (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting your content on the Websites, you expressly grant PRH a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and PRH shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
By submitting any User Submissions, you consent to the following rules:
All User Submissions must comply with these rules and any additional guidelines posted on the Webites, as applicable. User Submissions do not represent the views of PRH or any individual associated with PRH, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, PRH’s endorsement of User Submissions. PRH does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Websites. Through your use of the Websites, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Websites, you assume all associated risks.
Representations and Warranties
You shall be solely responsible for your own User Submissions, your use of your registration and the consequences of posting or publishing or participating in the Websites. In connection with User Submissions and your use of the Websites, you affirm, represent and warrant the following:
Removal of User Submissions
We will not monitor, edit, or disclose the contents of a user’s email unless required in the course of normal maintenance of the Websites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on PRH or the Websites; (2) protect and defend the rights or property of PRH, the Websites, or the users of PRH; or (3) act in an emergency to protect the personal safety of our guests, the Websites, or the public. Users shall remain solely responsible for the content of their messages and PRH shall have no obligation to pre-screen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Websites. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Websites.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Websites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Account Registration and Security
If you decide to register as a member of the Website, you may receive or establish one or more user names, passwords and accounts. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PRH has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PRH has the right to suspend or terminate your account and refuse any and all current or future use of the Websites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Websites. We have the right to provide user billing, account, content or user records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.
Termination
PRH may suspend or terminate any user’s access to all or any part of the Websites including any account thereon, without notice, for any reason in PRH’s sole discretion, including without limitation PRH’s belief that such access would violate any applicable law or would be harmful to the interests of PRH or another user. Upon termination, you will lose access to all the Websites and all Content thereon. The obligations that you have to PRH under these Terms of Use will continue even after we suspend or terminate your access to the Websites.
Disclaimer and Limitation of Liability
Your use of and browsing of the Websites are at your own risk. Except as otherwise provided above, everything on the Websites, including any products or services offered for sale, is provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and no infringement. PRH makes no warranties or representations regarding the information or content contained on the sites, and specifically disclaims any warranty as to the suitability, reliability, timeliness or accuracy of the information or content contained on the sites for any purpose. PRH does not warrant that the functionalities contained in the content will be uninterrupted or error-free, that defects will be corrected, or that the Websites or the server that makes such content available are free of viruses or other harmful components. PRH does not warrant or make any representations regarding the use or the results of the use of the contents in the Websites in terms of their correctness, accuracy, reliability, or otherwise. You (and not PRH) assume the entire cost of all necessary servicing, repair, or correction. To the extent applicable law does not allow the exclusion of implied warranties, the above exclusion may not apply to you.
Under no circumstances shall PRH or any of its vendors be liable for any damages that result from the use of or inability to use the PRH sites, including but not limited to reliance by a user on any information or content obtained from PRH’s sites that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, unauthorized access to PRH’s records, programs, or services, or otherwise. User hereby acknowledges that this disclaimer and limitation of liability shall apply to all content, merchandise, and services available through the sites.
In no event shall PRH or any affiliated PRH entity or individual, licensor or vendor be liable for any indirect, consequential, special, incidental or punitive damages arising out of your access to, or use of, the sites or the content thereon, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even if PRH or a PRH authorized representative has been advised of the possibility of such damages. To the extent applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. In no event shall PRH’s aggregate liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise arising out of the Agreement and your use of the Websites and the content exceed the amount paid by you for any content purchased by you on the Websites or the amount paid by you, if any, for accessing the Websites.
Indemnification
You agree to defend, indemnify and hold PRH, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you.
If you are registered as a member of the Website, you are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the above-mentioned parties for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
FORCE MAJEURE
Neither PRH nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
The Websites are created and controlled by Penguin Random House SEA Pte. Ltd. These disclaimers, terms, and conditions of use are governed by all the laws applicable within the territory of Singapore. By using any of the Websites, you hereby consent to the exclusive jurisdiction and venue of courts in Singapore, in all disputes arising out of or relating to the use of the Websites. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. PRH’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
Disputes may be referred to Arbitration at the choice of PRH only.
Agreement
This Agreement is the entire agreement between the User and PRH and supersedes any prior understandings or agreements (written or oral).
