Aviva Scholarship

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Website Terms of Use

Welcome to the Aviva Scholarship website www.avivascholarship.com.

Please read these Terms of Use carefully. By using this Website you are agreeing to be bound by these Terms of Use and the Data Protection Policy, which shall form a legal agreement between you and us.

“You” means you, the person or entity using the Website, and “your” shall be interpreted accordingly.

“Aviva”, “us”, “we”, “our” or “company” means Aviva Asia Pte. Ltd. which is a company incorporated in Singapore.

All other terms with capital letters which are used in these Terms of Use shall have the meanings given to them in the Definitions section, which is at the end of these Terms of Use.

Use of the Website

This Website is owned and operated by Aviva, which is a member of the Aviva Group of companies. By accessing or using the Website, you are agreeing to be bound by these Terms of Use and the Data Protection Policy, which shall form a legally binding agreement between you and Aviva, and are consenting to the use of your personal information for the purposes set out in the Data Protection Policy.

If you provide us with any personal data relating to a third party (for example but without limitation information relating to your child, parent or legal guardian), you agree and confirm that you have notified him or her on behalf of Aviva of the collection, use, disclosure and processing of the personal information by Aviva for the purposes set out in the Data Protection Policy and obtained his or her consent accordingly, and also obtained his or her consent to provide his/her personal information to Aviva and all entities of Aviva Group for the purposes set out in the Data Protection Policy. To the extent applicable, the provisions of the Data Protection Policy shall apply to personal data of such third parties collected, used, disclosed or processed by Aviva (or an Aviva Group company) in the same manner as it applies to your personal data (with such adaptations as may be necessary). The website may also contain a requirement for confirmation by the third party that he or she consents to the collection, use, disclosure or processing of personal data for any of the purposes set out in the Data Protection Policy.

If you are not a resident of Taiwan or Indonesia, you agree and confirm that you are aged 18 or above and of sound mind provided that the Website may include a requirement for confirmation that, where you are under the age of 18, a parent or legal guardian agrees to assume legal responsibility for your use of the Website and these Terms of Use and consents to the collection of your personal data for any of the purposes set out in the Data Protection Policy.

If you are a resident of Indonesia, you agree and confirm that you are aged 21 or older (or legally married) and are of sound mind, or if you are under the age of 21, the Website may include a requirement for confirmation that, where you are a minor, a parent or legal guardian agrees to assume legal responsibility for your use of the Website and these Terms of Use and consents to the collection of your personal data for any of the purposes set out in the Data Protection Policy.

If you are residing in Taiwan, you agree and confirm that you are aged 20 or older (or legally married) and of sound mind, or if you are younger than 20, your parent or legal guardian agrees and confirms on your behalf, that: (i) you are agreeing to be bound by these Terms of Use and the Data Protection Policy; (ii) Aviva has informed you of the entities, purpose, classifications, time of period, territory, objectives and methods, rights and methods of exercise, and the impact (for not providing personal information) in connection with the collection, use and/or processing (collectively "Processing") of your personal information per the Data Protection Policy and you have given your consent to Processing your personal information accordingly; (iii) if any third party’s personal information is given by you under these Terms of Use, you have notified him/her on behalf of Aviva of the Processing of the personal information by Aviva per the content provided in the Data Protection Policy and obtained his/her consent accordingly, and to provide his/her personal information to Aviva and all entities of Aviva Group for the purposes set forth under these Terms of Use; and (vi) all the information (including the personal information) and content provided under these Terms of Use are correct, genuine, complete and updated, containing no false or fraud information or misrepresentation.

Aviva reserves the right not to use the information or content you have provided, or process any matter under the Terms of Use and Data Protection Policy, if in its sole discretion, the information or content is considered to be inappropriate, illegal or potentially infringing.

If you are accessing or using the Website on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms of Use and the Data Protection Policy and by accepting these Terms of Use you are doing so on behalf of that entity. As such, all references to "you" in these Terms of Use refer to that entity.

You may be required to provide certain information, such as contact details, in order to register for the Aviva Scholarship Program. You represent and warrant that any information you give for this purpose, or which you otherwise give to Aviva is and will always be accurate and up to date, and that you will inform us promptly of any updates or change to the information provided.

There may be separate terms and conditions that apply if you access other pages or follow links from the Website. It is your responsibility to check and read such terms and conditions where applicable.

Grant of Right and Restrictions on Use

Aviva grants to you a non-transferable, non-sublicense able, non-exclusive, restricted license, subject to the conditions below, to use the Website while these Terms of Use are in effect.

The license granted above is subject to the following restrictions and conditions of use:

Availability

Whilst we take reasonable steps to ensure this Website is accessible, we are not liable for any losses due to the Website being unavailable at any time or for any period.

We may also have to suspend access to the Website for routine or emergency updates and maintenance at our sole discretion.

Compliance with Laws and Regulations

You will comply with all applicable Laws, including laws regarding the import or export of data or software, privacy, and local laws.

You will not use the Website to encourage or promote illegal activity or violation of third party rights or any Laws.

Non-Exclusivity

These Terms of Use and all licenses granted within them are non-exclusive.

Hyperlinking

You may not use, insert or distribute any hyperlink to the Website on any other website, webpage or in any code, or aim to copy or replicate any material contained on the Website on any other server.

The Website may provide links to other websites or permit third parties to link to the Website. Links to or from a third party site, do not imply an endorsement, approval, or verification of any content available on such third party sites by Aviva or any Aviva Group company nor the people who run or contribute to such sites. Neither Aviva nor any Aviva Group company shall be responsible or liable for the accuracy or completeness of the content on any such third party sites. You access these third party websites at your own risk, and it is your responsibility to review any third party’s terms of use and data protection policy, where applicable.

Prohibited Uses

You may not, nor allow anyone acting on your behalf to use the Website to:

  • perform an action with the intent of introducing to Aviva or any Aviva Group company or their providers or any electronic systems or platforms that they operate or maintain, any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature. You represent and warrant that your use of the Website will not expose Aviva or any Aviva Group company to any type of harm, including, but not limited to, anything that may disrupt, damage, disable, overburden or limit the functionality of the Website or any electronic systems or platforms operated or maintained by Aviva or any Aviva Group company;
  • act on or through the Website so as to interfere with or disrupt Internet users, service providers, or their computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms or viruses, using the Website to gain unauthorised access to any other computer or electronic device or system, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) and creation of false electronic mail messages or websites and the replacement, transmission or storage of any defamatory material on the Internet;
  • defame, abuse, harass, stalk, or threaten any person or entity, including, but not limited to, the use of disruptive commercial messages or advertisements;
  • interfere with or disrupt the Website or the servers or networks providing it;
  • carry out, promote or facilitate any unlawful or illegal activity or act, or the breach of any Laws, including without limitation, any copyrights, patents, trade secrets, confidential information or other Intellectual Property rights belonging to Aviva or any Aviva Group company or any other person and any Laws relating to the collection, use, disclosure and protection of personal data or disruptive commercial messages or advertisements;
  • reverse engineer or attempt to extract the source code from the Website or any related software; or
  • remove, obscure, or alter any terms of service, attributions, links to or notices of those terms.

Intellectual Property Ownership

Aviva, or another Aviva Group company, owns or is licensed to use, all Intellectual Property in the Website existing now or as may be created in the future, including any modifications, future versions, updates, fixes or improvements, from time to time.

Nothing in these Terms of Use or your use of the Website shall transfer ownership of any Aviva Intellectual Property to you or any other person and all rights in respect of such Intellectual Property are expressly reserved.

You agree not to copy, reproduce, replicate, edit, translate, publish, display, distribute, download, transmit, or sell any content on the Website, without Aviva’s prior written consent.

Not Advice or Offer or Solicitation

The information on the Website is of a general nature and for information only and is not intended to be advice or an offer or solicitation to sell any product or service. We reserve the right to determine the eligibility of any user for any product or service.

Confidential Information

Both Parties agree that they will keep any Confidential Information received from the other confidential and not disclose it except as permitted under these Terms of Use. Permitted disclosures under these Terms of Use include all disclosures and uses which are set out in the Data Protection Policy.

Either Party may disclose Confidential Information about the other to relevant authorities or as otherwise directed, if required to do so by any Laws or any regulator or any court.

Confidential Information does not include information that is independently developed, that was rightfully received from a third party without obligations of confidentiality, or that is in, or comes into, the public domain through no fault of either Party, except to the extent such information constitutes personal data under the PDPA or any applicable data protection or privacy Laws.

Data Protection

Please refer to the Data Protection Policy, which forms part of these Terms of Use, and provides full details about how we manage personal data. The policy can be viewed here.

By using the Website, you agree and consent to the collection, use and disclosure of the data that you provide to us, along with other data which we may already possess, for the purposes and types of use set out in the Data Protection Policy or these Terms of Use. Full details of the types of use and purposes for which we may use your data are set out in the Data Protection Policy, at http://www.avivascholarships.com/scholarship/data-protection-policy.html.

Termination and After Termination

Termination

We may, in our sole discretion and without cause or notice decide to terminate, suspend, restrict, discontinue, rescind or prevent access to the Website or any part of it, at any time, either for you or for any other user without liability or other obligation.

We may terminate or suspend these Terms of Use and all rights granted in them, without notice, in any instance where we believe, in our sole discretion, that you have failed to comply with these Terms of Use.

After Termination

Upon termination of these Terms of Use for any reason, you will immediately stop using the Website.

The Parties agree that any provisions of these Terms of Use which by their nature are intended to survive the ending of these Terms of Use, shall survive such ending and shall continue indefinitely. Such terms include but are not limited to ‘Intellectual Property Ownership’, ‘Confidential Information’, ‘Data and Privacy’, ‘Liability, Warranties and Disclaimers’, ‘Indemnification’, ‘Governing Law’ and ‘Definitions’.

For the avoidance of doubt, termination of the Terms of Use for any reason shall not impact the rights or obligations owed by the Parties to each other prior to termination.

Indemnification

You agree to indemnify and hold harmless Aviva and each Aviva Group company and their officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your access or use of the Website, your conduct in connection with the Website, or any violation of these Terms of Use, any law or the rights of any third party.

Liability, Warranties and Disclaimers

No Warranties

Neither Aviva nor any Aviva Group company makes any specific promises or representations about the website.

Neither Aviva nor any other Aviva Group company makes any commitments about the content, specific functions, reliability, availability, or ability to meet your needs, of the website which is provided “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability or fitness for a particular purpose. Except as expressly provided for in these Terms of Use and to the extent permitted by law, we exclude all warranties, guarantees, conditions, representations, and undertakings.

Limitations of Liability

To the extent permitted by law, neither Aviva nor any Aviva Group company will be responsible for indirect, special, consequential, financial or exemplary losses, punitive damages, or lost profits, revenues or data arising from or relating in any way to your access or use of the website.

To the extent permitted by law, the total liability of Aviva and the Aviva Group, its suppliers and distributors, for any claim arising under or connected to these Terms of Use is limited to the amount of US$100.

However, nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation.

You agree that any exclusions and limitations of liability in these terms enable the use of the website to be provided by Aviva at no costs to you.

Changes to These Terms of Use

We may update these Terms of Use or any part of them, from time to time, and without notice. Changes to these Terms of Use are effective once they have been made available through the Website.

We suggest that you review these Terms of Use periodically for any changes.

You should stop using the Website if you do not agree to the Terms of Use as updated from time to time.

Rights to Assign or Transfer; No waiver

Aviva may assign its rights and duties under these Terms of Use to any party at any time without any reference or notice to you. You may not assign or transfer any of your rights and obligations under these Terms of Use.

No failure to exercise or enforce and no delay in exercising or enforcing on the part of Aviva its rights under these Terms shall operate as a waiver thereof nor shall it in any way prejudice or affect the right of the Aviva afterwards to act in accordance with its rights under these Terms.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Singapore. You hereby submit to the exclusive jurisdiction of the Singapore Courts, provided that this shall not prevent Aviva from taking proceedings in any other jurisdiction. No person other than an Aviva Group company shall have the right to enforce any of these Terms of Use pursuant to the Contracts (Rights of Third Parties) Act, Chapter 53B. No consent of a third party shall be required for Aviva to amend these Terms of Use.  

Definitions

The following terms used in these Terms of Use, shall have the following meanings:

“Aviva”, “us”, “we”, “our” or “company” shall mean Aviva Asia Pte. Ltd. which is a company incorporated in Singapore;

“Aviva Group” means Aviva, its subsidiaries, its ultimate parent company and any subsidiaries, affiliates, or associated entities of such parent company from time to time;

“Confidential Information” means any information relating to either Party which is confidential in nature, or that would normally be considered confidential, whether marked as confidential or not, which for the avoidance of doubt includes any personal information that you provide to us;

“Data Protection Policy” means the Data Protection Policy which forms part of these Terms of Use, and provides full details about how we manage your personal information. The policy can be viewed here : http://www.avivascholarships.com/scholarship/data-protection-policy.html;

“Intellectual Property” means any rights in patents, designs, copyright, moral rights, database rights, trademarks, trade and business names, rights to sue for passing off, trade secrets, confidentiality and other proprietary rights including rights to know-how and other technical information (in each case whether registered or unregistered) and all rights in the nature of any of the foregoing anywhere in the world;

"Laws" includes any statutes, regulations, codes, rules, directives, orders, guidelines, schemes or directions;

“Parties” means you and Aviva as parties to these Terms of Use and “Party” shall be interpreted accordingly;

“PDPA” means the Personal Data Protection Act 2012 (No. 26 of 2012);

“Terms of Use” or “Terms” means these Terms of Use and all terms incorporated by reference, including the Data Protection Policy;

“Website” shall mean the Aviva Scholarship website available at http://www.avivascholarships.com/scholarship or any alternative domain used from time to time; and

“You” means you, the person or entity using the Website, and “your” shall be interpreted accordingly.