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PT. Ming Cipta Rasa - Joint Venture Deed
BackJul 04, 2012
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Term Of Use
This is an agreement between you (“You”) and TUNGLOK GROUP (“TUNGLOK GROUP”) regarding your use of the TUNGLOK GROUP website located at http://www.tunglok.com (the “Website”). Your acceptance of the terms of this Agreement takes effect by your continued use of the Website.
OWNERSHIP AND COPYRIGHT
You agree that any and all information, content, graphics, webpages, text, files, company names, trade-marks, logos and trade names contained on the Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of TUNGLOK GROUP, or its licensors, as the case may be.
PERMITTED USE
TUNGLOK GROUP hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.
RESTRICTION ON USE
You agree that You will not:
- distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content in any medium; or
- create derivative works of, reverse engineer, adapt, translate, modify, copy, sell, transfer, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any formor by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of TUNGLOK GROUP or its licensors. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
LICENSE TO USE YOUR INFORMATION
You hereby grant to TUNGLOK GROUP the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to use any information or other content You provide on or through this Website, for any purpose whatsoever, subject to the terms of the Website Privacy Policy. You represent and warrant that you have the right to grant the license set out above.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
There is no guarantee that personal information and transactions on this Website or on the internet will be maintained confidential and secure. The use of this Website and the Content is at your own risk and TUNGLOK GROUP assume no liability or responsibility pertaining to the Content, your use of the Website or the receipt, storage, transmission or other use of your personal information.
This Website may contain links to other sites. TUNGLOK GROUP does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, TUNGLOK GROUP is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites.
TUNGLOK GROUP will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize TUNGLOK GROUP to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions. The Content may not be accurate, up to date, complete or untampered with, and is not to be relied upon.
The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on this Website is not intended to be used as a substitute of any kind of medical or dental advice. It is your duty to obtain medical or dental advice from a qualified healthcareprofessional to meet your healthcare needs. You should not act or rely on any of the content without seeking advice of a qualified medical or dental professional.
Except as expressly provided in this agreement, this Website and all Content, products, services and software on this Website or made available through this Website are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
In no event will TUNGLOK GROUP, its affiliates, agents, licensors, or their respective directors or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if TUNGLOK GROUP or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
In no event will TUNGLOK GROUP, its affiliates, agents, licensors, or their respective directors or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party Websites; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this Website or the Ccontent; any other website accessed to or from this Website; or events beyond the reasonable control of TUNGLOK GROUPs even if TUNGLOK GROUP or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.
In no case will TUNGLOK GROUP, its affiliates’, agents’, licensors’, and their respective directors’ and employees’ cumulative total liability arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence, or otherwise) be for more than the amount, if any, paid by you under this agreement to access this Website, in the year in which the claim arose.
TUNGLOK GROUP assumes no obligation to update the Content on this Website. The Content may be changed without notice to you. TUNGLOK GROUP disclaim any liability for unauthorized use or reproduction of any portion of the Website.
TERMINATION
This Agreement is effective until terminated by TUNGLOK GROUP, with or without cause, in TUNGLOK GROUP’ sole and unfettered discretion. TUNGLOK GROUP may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by TUNGLOK GROUP shall be in addition to and without prejudice to such rights and remedies as may be available to TUNGLOK GROUP, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, Your license to TUNGLOK GROUP, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
INDEMNITY
You agree at all times to indemnify, defend and hold harmless TUNGLOK GROUP, its agents, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by TUNGLOK GROUP directly or indirectly in respect of:
- Any information or other content You provide on or through this Website or which is sent to TUNGLOK GROUP by e-mail; or
- Your use or misuse of the Content or this Website, including without limitation infringement claims.
GOVERNING LAW
TUNGLOK GROUP, this Website and the Content (excluding linked websites or content) are physically located within Singapore. This Agreement will be governed by the laws of Singapore and shall be treated in all respects as a Singapore contract, without reference to the principles of conflicts of law. In the event of a dispute, we agree to submit to the non-exclusive jurisdiction of the Singapore courts.
ENTIRE AGREEMENT
These terms and conditions and any and all legal notices on this Website constitute the entire agreement between You and TUNGLOK GROUP with respect to the use of this Website and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on TUNGLOK GROUP unless executed by TUNGLOK GROUP in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
SEVERABILITY
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
ENUREMENT
This Agreement shall inure to the benefit of and be binding upon each of the parties and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
Privacy Policy
Your personal data is important to us and we are committed to complying with the Personal Data Protection Act 2012 (No. 26 of 2012) (the “PDPA”). This personal data protection policy (“Policy”) sets out how we collect, use and disclose your personal data and applies to Tung Lok Restaurants (2000) Ltd and its subsidiaries (collectively, the “TungLok Group”).
This Policy supplements but does not supersede nor replace any other consents you may have previously provided to the TungLok Group in respect of your personal data, and your consents herein are additional to any rights which the TungLok Group may have at law to collect, use or disclose your personal data.
PERSONAL DATA
‘Personal data’ is defined under the PDPA to mean data about an individual who can be identified from that data; or from that data and other information to which the organisation has or is likely to have access.
Personal data may include your name, nationality, gender, photograph, telephone numbers, mailing address, email address, age, date of birth, marital status, signature, job title/profession, financial information (such as bank account or credit/debit card numbers) and any other information relating to any individuals which you have provided us in any forms you may have submitted to us or via other forms of interaction with you.
COLLECTION OF PERSONAL DATA
The ways in which we may collect your personal data include (but are not limited to) collecting your personal data directly or indirectly from you or your authorised representatives in the course of:
- you applying for any of our loyalty programs or similar programs;
- you contacting us for making any reservations (including but not limited to catering/banquet reservations), whether through phone, fax, letters, emails, online or otherwise;
- you contacting us with your queries, requests, complaints or feedback;
- you completing any of our forms, whether physical or online, including but not limited to survey and feedback forms;
- you participating in our marketing or promotional events, including but not limited to lucky draws, competitions, road shows, wedding shows or seasonal products launches;
- you purchasing and making payments for any of our products, including through our online web portals;
- you registering for or using any of our services, including but not limited to events and catering;
- you submitting an employment application to us;
- you providing us with your contact details at any of our restaurants, whether through leaving a copy of your business card with us or otherwise;
- your images being captured by our close-circuit television cameras while you are within our premises, or via photographs or videos taken by us or our representatives at our premises;
- you visiting or browsing our website(s);
- you establishing any online account(s) with us;
- you subscribing for email alerts on our website;
- our conducting interviews for matters including but not limited to employment;
- our conducting market research or surveys;
- you interacting with our staff via telephone calls, letters, fax, face-to-face meetings, social media platforms and emails; or
- you submitting your personal data to us for any other reason.
We may also collect personal data about you from third parties including (but not limited to):
- your representatives, intermediaries, agents or next-of-kin who may either be disclosing your personal data to us on your behalf, or in connection with their own transactions, agreements or interactions with us;
- your employers or previous employers; or
- our business partners.
If you provide us with any personal data relating to a third party (e.g. information of your next-of-kin, spouse, children, parents, dependants, and/or employees), you represent and warrant to us that you have obtained the necessary consent from the relevant third party to provide us with their personal data for the relevant purpose(s) for which we are collecting their personal data.
USE AND DISCLOSURE OF PERSONAL DATA
We use the personal data that we collect from you for the following purposes:
- to process and manage your purchase of products and services from TungLok Group;
- to process your application as a member to any of our loyalty programs, administer and manage your membership, and provide you the benefits of such membership;
- to administer, manage and execute marketing activities including but not limited to lucky draws, competitions, road shows, wedding shows or seasonal products launches;
- to announce, in any form of media including but not limited to social media platforms, the results of our lucky draws, competitions or other marketing or promotional events, and to identify and contact the winners of any prizes won from such events;
- to provide and send you marketing, advertising and promotional information and materials relating to loyalty programs, products, events and/or services offered by TungLok Group through various avenues including (but not limited to) SMS, voice calls, email, mail and online platforms (such as social media);
- to deal with or facilitate customer service and reservations, carry out your instructions, provide services, or deal with or respond to any enquiries, requests, complaints or feedback given by you or on your behalf;
- to manage our administrative and business operations and comply with internal policies and procedures;
- to conduct market research and improve customer service;
- to provide training to our staff;
- to facilitate access to our website;
- to manage the safety and security of our premises;
- for auditing, internal investigations, compliance, risk management, conflict of interest reporting and security processes;
- to comply with applicable laws, regulations, rules, codes of practice, guidelines and other requirements (including but not limited to providing assistance to law enforcement agencies, regulatory authorities and other governmental agencies);
- to prevent, detect and investigate crime;
- to analyse and manage commercial risks;
- for the purposes of legal proceedings;
- to defend or extend any rights of the TungLok Group;
- to administer and process your employment application;
- to administer and maintain shareholder relations;
- to verify your identity;
- for any evaluative purpose as defined in the PDPA;
- to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving any of the companies, subsidiaries or business units in the TungLok Group;
- for any other purposes that are incidental or ancillary or in furtherance to the above purposes which are not specifically mentioned herein;
- for any other purposes that we have specifically notified you of; or
- for any other purposes that a reasonable person would consider appropriate in the circumstances.
We may transfer or share your personal data with:
- our agents, contractors, sub-contractors, service providers or data processors who have been contracted to provide administrative, financial, legal, accounting, information technology, research, operational, marketing, telecommunications, transportation, payment, analytical, training, storage, printing, security or other services;
- our consultants and professional advisers (such as accountants, lawyers, auditors);
- our business partners and affiliates;
- clearing and depository houses;
- external banks, credit card companies and their respective service providers;
- courts, tribunals, law enforcement agencies, regulatory authorities and other governmental agencies as required or authorised by law;
- any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving any of the companies, subsidiaries or business units in the TungLok Group; or
- any other party to whom you authorise us to disclose your personal data to.
TungLok Group is a listed entity on the Singapore Exchange Securities Trading Limited with international presence. As such, the personal data you submit to us in one country may be transferred, used and accessed in one or more additional countries. You fully understand and unambiguously consent that we may transfer your personal data to any location outside of Singapore for the purposes set out above. When transferring your personal data outside of Singapore, we will ensure that your personal data will be protected to a standard comparable to the protection accorded to your personal data under the PDPA by ensuring that the recipient is either in a jurisdiction which has comparable data protection laws, or is contractually bound to protect your personal data.
Notwithstanding the above, we may process your personal data without your consent if it is permitted under the PDPA or any other relevant legislation.
SECURITY AND STORAGE OF PERSONAL DATA
We will take reasonable efforts to protect your personal data in our possession or control by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks (“Risks”). However, we shall not be held responsible for Risks occurring in relation to your personal data that are beyond our control, such as Risks resulting from cyber-attacks.
Security arrangements which we undertake to protect your personal data may include the following:
- training our employees who handle your personal data to respect the confidentiality of such personal data and your privacy;
- restricting access of your personal data to employees who require it for their job functions; or
- storing personal data in a combination of secure computer storage facilities and physical storage facilities under lock-and-key.
While we strive to protect your personal data, we cannot ensure the security of the information you transmit to us via the Internet or through the use of our electronic services, and we urge you to take every precaution to protect your personal data when you use such platforms. If applicable, you undertake to use a combination of uppercase and lowercase letters, numbers and symbols for your password, change your password often, use a secure browser when accessing our website(s), keep your username and password secure and confidential and not disclose or permit it to be disclosed to any unauthorised person, and to inform us as soon as reasonably practicable if you know or suspect that someone else knows your username and password or believe the confidentiality of your username and password has been lost, stolen or compromised in any way or that actual or possible unauthorised transactions have taken place.
RETENTION OF PERSONAL DATA
We will cease to retain your personal data when we no longer require such personal data for any of the purposes for which it was collected or for any business or legal needs.
ACCURACY OF PERSONAL DATA
We will take reasonable efforts to ensure that your personal data in our records is accurate and complete, if your personal data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, you must also update us of any changes in your personal data that you have initially provided us with. We will not be responsible for relying on inaccurate or incomplete personal data arising from you not updating us of any changes in your personal data that you have initially provided us with.
You must also ensure that all personal data submitted by you to us is complete, accurate, true and correct.
COOKIES
When you interact with us on our website(s), we automatically receive and record information (such as your server address, domain name, the date and time of visit and the pages viewed) on our server logs from your browser. We may employ cookies in order for our server to recognise a return visitor as a unique user including, without limitation, monitoring information relating to how a visitor arrives at the website, what kind of browser a visitor is on, what operating system a visitor is using, a visitor’s IP address, and a visitor’s click stream information and time stamp (for example, which pages they have viewed, the time the pages were accessed and the time spent per web page).
Cookies are small text files placed in your computer hard drive or mobile devices when you visit our website(s) and allow us to remember you. The cookies placed by our server are readable only by us, and cookies cannot access, read or modify any other data on a computer.
Should you wish to disable the cookies associated with these technologies, you may do so by changing your browser settings accordingly. However, you may not be able to enter certain part(s) of our website(s), and some of the functions and services may not be able to function without cookies. This may also impact your user experience while on our website(s).
THIRD-PARTY SITES
Our website may contain links to other websites operated by third parties, such as our business partners. We are not responsible for the privacy practices of websites operated by third parties that are linked to our website. We encourage you to learn about the privacy policies of such third party websites. Some of these third party websites may be co-branded with our logo or trademark, even though they are not operated or maintained by us. Once you have left your website, you should check the applicable privacy policy of the third party website to determine how they will handle any information they collect from you.
CONTACTING US
If you:
- (a) have any questions, feedback or complaints relating to the collection, use or disclosure of your personal data or this Policy;
- (b) would like to withdraw your consent to any collection, use or disclosure of your personal data as set out in this Policy; or
- (c) would like to exercise your statutory rights under the PDPA in relation to access or correction of your personal data in our control or possession,
please do not hesitate to contact Ms Carolyn Tan through the following channels:
- Call: 6270 7998
- Fax: 6272 7120
- Email: tlpdpa@tunglok.com
- Address: 26 Tai Seng Street #02-01 Singapore 534057
We will endeavour to respond within a reasonable timeframe.
If you make a request to obtain access to your personal data records with us, we may charge a reasonable fee for verifying the authenticity of the request and locating, retrieving and copying any material requested.
If a fee is to be charged, we will inform you of the amount beforehand and respond to your request after payment is received.
Please note that if your personal data had been provided to us by a third party, you should contact that organisation or individual to make such queries, complaints, and access and correction requests to us on your behalf.
Please also note that we are not required, under the PDPA, to provide access and correction to your personal data in certain exempted situations as set out in the PDPA.
If you withdraw your consent to any or all use of your personal data, depending on the nature of your request, we may not be in a position to continue to provide our products and services to you, or administer any contractual relationships in place, which in turn may also result in termination of any agreements you have entered into with us, and your being in breach of your contractual obligations or undertakings. Our legal rights and remedies in such event are expressly reserved.
Governing Law
This Policy shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with this Policy including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Singapore.
Contract (Rights of Third Parties) Act
A person who is not a party to this Policy shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of its terms.
Updates to this Policy
We reserve the right to periodically review and amend this Policy from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment. The updated Policy will be made available on http://www.tunglok.com/privacy-policy and date stamped so that you are aware of when the Policy was last updated.
You are encouraged to visit the above website on a regular basis to ensure that you are well informed of our latest policies in relation to personal data protection.
This Policy was last updated on 28 August 2019.
