Please read these terms and conditions (Terms) carefully before using the Platforms and/or the Services so that you are aware of your legal rights and obligations concerning Somus Sleep Wellness Pte. Ltd., its related corporations and affiliates (collectively referred to as Somnus, us, we or our).
By your access to the Platforms and/or use of the Services, you are deemed to have understood and agreed to these Terms and our Privacy Policy, which is hereby incorporated by reference. If you do not accept these Terms, please leave the Platforms and discontinue your use of the Services immediately.
Somnus may, from time to time, amend these Terms (or any part thereof) at our sole discretion. If we do so, we will notify you by posting the updated Terms (as indicated by a revised “Last Updated” date on this page) on the Platforms. All modifications, additions and deletions will be effective immediately upon posting to the Platforms. By accessing and using the Platforms or any of the Services after the amendment of these Terms, you accept that you are bound by the Terms as amended. If you do not agree to the amended Terms, you have the right to close your Account and/or cease using the Services. Please check these Platforms regularly to ensure you know all terms governing your use of the Platforms and/or the Services.
If you have any questions or concerns about these Terms or any issues raised in these Terms or on the Platforms, please get in touch with us via email.
Use of the Website
You hereby represent and warrant that:
you have read, understood and agreed to these Terms (including our Privacy Policy);
you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms, and you are accessing the Platforms, using the Services and either contracting in your own personal capacity or contracting on behalf of a corporate entity;
you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting, and such entity agrees to be bound by these Terms; and
all of the information provided by you to Somnus (including, without limitation, personal particulars and contact information) is accurate and complete.
Somnus reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Platform at any time. Somnus may also limit certain features or restrict your access to the Services or any Platform (or part thereof) without notice or liability.
Definitions
In this Agreement, unless otherwise required, the following terms have the following meanings:
Account means a registered account of a Member opened under the Platforms;
Agreement means the agreement formed by these Terms in force from time to time, and in the case of a Member, by these Terms, the Privacy Policy and the membership terms and conditions in force from time to time;
Computer means your computer, notebook computer, mobile phone or other electronic device used to access the Platforms or the Services;
Content means materials, information, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content;
Member means a registered member of the Platforms;
Personal Data means data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access;
Platform User Terms means the terms and conditions applicable to Members from time to time;
Platform means the Somnus website, including, without limitation, https://www.somnuswellness.com;
Somnus Content means all Content of Somnus that is made available on or via the Platforms;
Servers mean the computer software, systems and servers hosting, operating, managing, providing or contributing to the Platforms and/or the Services;
Third-Party User Content means all User Content which is not created, transmitted, posted or uploaded by you; and
User Content means all Content on the Platforms created, transmitted, posted or uploaded by a user of the Platforms.
Platform and Services
The Platforms are owned and maintained by Somnus.
Somnus may offer one or more of the following services on or through the Platforms (each a Service and collectively, the Services):
access to a collection of information, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works;
access to an online booking engine;
access to a web-based client management software; or
any other features, content or applications that Somnus may offer on or through the Platforms from time to time in its sole and absolute discretion.
You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and shall be bound to strictly comply with the Platform User Terms in addition to these Terms.
Content Use Conditions
You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to (a) any Service; (b) the Platforms; (c) any Somnus Content except, to the extent permitted, with the prior written consent of Somnus or unless expressly permitted in these Terms; or (d) any Third Party User Content except, to the extent permitted, with the prior written consent of Somnus and the owner or licensee of the specific User Content.
Without prejudice, you agree not to reproduce, display or otherwise provide access to the Services, Somnus Content, or Third Party User Content on another website or server, for example, through framing, mirroring, linking, spidering, scraping, or any other technological means (including any technology available in the future), without the prior written permission of Somnus.
You may, for your personal, non-commercial use:
retrieve and display Somnus Content on any compatible device owned by you; and
store such Somnus Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
All Somnus Content is the copyrighted work of Somnus or its content or software providers, and Somnus reserves and retains all rights in the Somnus Content. The terms of an accompanying end-user license agreement may govern use of some Somnus Content.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Somnus Content available on the Platforms or through a Service except under the specific circumstances expressly permitted by law or Somnus in writing.
Intellectual Property
The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Platforms, and all Somnus Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Somnus.
The trademarks, logos and service marks (Marks) displayed on the Platforms are the property of Somnus or other third parties, and Somnus or the relevant third parties expressly reserve all rights to the Marks. You are not permitted to use any Marks without the prior written consent of Somnus or such third party (as the case may be). Somnus’s name may not be used in any way without Somnus’s prior written permission.
The domain names on which the Platforms are hosted are the sole property of Somnus, and you may not use or otherwise adopt any similar name for your own use.
Online Conduct
You hereby undertake:
to comply with these Terms and such other notices or guidelines that may be posted on the Platforms by Somnus from time to time (which are hereby incorporated by reference into these Terms);
not to use any Service or Somnus Content for any unlawful purpose, and to comply with all applicable laws and regulations, including, without limitation, copyright law;
not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Platforms, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
not to use another Member's Account at any time, whether with or without his/her permission.
Disclaimers and Limitations
While we make every effort to ensure that all Somnus Content displayed on the Platform is accurate and complete, we provide the Somnus Content for informative purposes and on an ‘as is’ and ‘as available’ basis only without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Somnus disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Somnus does not warrant that the functions contained in or access to the Platforms, Services, Somnus Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Platforms, Services, Somnus Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Somnus Content in or with any Computer will not affect the functionality or performance of the Computer. Somnus does not warrant or make any representations regarding the use or the results of the use of the Somnus Content, the Services, the Platforms or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Somnus) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage to any Computer. You agree not to hold Somnus liable for the loss of any of your User Content due to circumstances beyond Somnus's control.
You agree that:
Somnus shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Platforms or Services without assigning any reason; and
access to or the operation of the Platforms, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems. It may not necessarily continue uninterrupted or without technical or other errors. In any such event, Somnus shall not be liable for any loss, liability or damage which may be incurred as a result.
In no event shall Somnus be liable to you for any damages, losses, expenses, or liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Somnus Content, User Content, Services, and Computers, the Platforms, or any other website. In the event that Somnus is liable for damages despite the foregoing provision, you agree that Somnus’s aggregate liability to you for any and all causes of action in relation to the Somnus Content, Services, Platforms, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to Somnus for the 1-year period immediately preceding the time such liability arose.
Under no circumstances, including but not limited to negligence, shall Somnus be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Somnus Content, Services, Platforms, or any other website, even if Somnus or a Somnus authorised representative has been advised of or should have foreseen, the possibility of such damages.
To the maximum extent permitted by applicable law, Somnus disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
Linked Sites
Somnus may provide links to other sites (Linked Sites) that may be relevant and interesting to users. Somnus has no control over and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
Privacy
Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.
Termination
You agree that Somnus has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platforms or Services without assigning any reason.
Governing Law and Jurisdiction
These Terms and all matters relating to your access to, or use of, the Platforms and the Services shall be governed by and construed in accordance with the laws of Singapore without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
Last updated on 6 January 2023.
In case of any inconsistencies between the English version of this Terms and any version of this Terms in any other language, the English version shall prevail (to the fullest extent permitted under applicable law).