Terms of Use

These Terms shall govern your obligations with regards to your use of the website www.wymkr.com (“Website”). By using the Website you accept these Terms without limitation or qualification, and agree to be bound by the same.

Waymaker Pte Ltd (“Waymaker”) reserves the right to change any of these Terms. Any changes will be posted to this Website page and will come into effect on the date of posting, so please check this page often. If you do not agree to the terms and conditions of contained herein, please do not use this Website.

User submissions

1. Any matter which you may post onto the Website, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”) will become Waymaker’s sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant to Waymaker the right to use the name that you submit, in connection with such review, comment, or other content. Submissions, including the name used to submit the same, may be used by Waymaker and Waymaker Partners for the promotion and publicity of Waymaker products, Waymaker as a brand and/or AVANTAGE Club memberships, and you hereby consent to such use.

2. Insofar as you post any photos onto the Website, you furthermore irrevocably and unconditionally grant to us and our Waymaker Partners all consents and waivers necessary to publish and otherwise use the same in connection with such review, comment or other content, for the promotion and publicity of Waymaker products, Waymaker as a brand and/or AVANTAGE Club memberships. You hereby expressly waive any and all rights which you may acquire or have under the provisions of the Copyright Act of the Republic of Singapore (and any subsequent enactment or amendments thereto) and any other moral rights which you may have or be entitled under any such legislation now existing or in the future enacted in any part of the world. Insofar as the photos you post include other persons, you are obliged to obtain the consents and waivers contained in this clause from such other persons as well.

3. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Waymaker or third parties as to the origin of any Submissions. Waymaker may, but shall not be obligated to, remove or edit any Submissions.

4. For the purposes of this Clause, “Waymaker Partners” shall mean and include all companies identified as part of the VAG AUTOMOTIVE GROUP, Waymaker’s agents, related and unrelated Waymaker companies as well as Waymaker’s business partners, sub-contractors and service providers.

User obligations

Without limitation, you undertake not to use the Website and/or any information obtained from the use of the Website for any fraudulent purpose or any purpose other than for which Waymaker has designed them or intended them to be used. You further undertake not to do, cause or permit to be done any of the following:

– send or receive any material which is technically harmful (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted or harmful data or other malicious software);

– intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

– use the Website other than in conformance with accepted internet practices and practices of any connected networks;

– furnish false data including false names, addresses and contact details;

– attempt to circumvent Waymaker’s security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);

– access the Website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on Waymaker’s infrastructure;

– send malicious email, including flooding Waymaker with very large or numerous emails;

– forge or use in any unauthorised manner, any mail header information;

– post, transmit or disseminate any information on or via this Website which may be harmful, obscene, defamatory, illegal or create liability on Waymaker’s part.

– engage in any unlawful activity in connection with the use of the Website; or

– engage in any conduct which, in Waymaker’s exclusive reasonable opinion, restricts or inhibits any other user from properly using or enjoying the Website.

Contest and other promotions

This Website may contain contests or other promotions (“Promotions”) that offer prizes or require you to send in material or information about yourself. Each Promotion has its own terms and conditions, which you must read and agree to before you may enter. Please also see Waymaker’s Online Privacy Policy for further information.

Copyright and trademarks

All texts, pictures and other works published on Website are subject to the copyright of Waymaker and its affiliates, including but not limited to VAG Singapore Pte Ltd, if not otherwise indicated. Any duplication, distribution, storage, communication, broadcast and reproduction or transmission of the con-tents without Waymaker’s written approval is prohibited. Waymaker, VAG, AVANTAGE Tuned and AVANTAGE Club are registered trademarks of Waymaker.

You may not reproduce, republish, upload, post, transmit or distribute in any material from this Website without Waymaker’s prior written approval. You may however download one copy of the material on one single computer for your own personal domestic and non-commercial use, provided you keep intact all accompanying copyright and other proprietary notices. Modification of any of the materials or use of the same of any other purpose will be a breach of Waymaker and its affiliates’ copy-right and other intellectual property rights.

Suspension and Termination

Should you or anyone else with your permission or acquiescence use the Website in contravention of these Terms or should Waymaker suspect on reasonable grounds that such contravention of the Terms might take place, Waymaker may without further notice to you terminate or suspend your use of the Website.

Such termination of your use of the Website shall not prejudice in any way other rights or remedies Waymaker might have against you in respect of your contravention of the Terms and any liability under law incurred by you prior to the termination of your use of the Website.

Indemnity

You agree to indemnify, defend and hold Waymaker, all Waymaker subsidiaries, affiliates and subcontractors, Waymaker’s parent company, and any of subsidiaries or affiliates of VAG SINGAPORE PTE LTD and their subcontractors and their agents, directors, employees, officers, information providers, advertisers or partners, licensors and licensees , (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation suits, litigation costs, attorneys’ fees, of any kind and nature), incurred by the Indemnified Parties in connection with any claim arising out of your access to and/or use of the Website or any breach by you of these Terms of the foregoing representations, warranties and covenants or any other actions connected with the use of the Website. You will cooperate as fully as reasonably required on Waymaker’s defence of any such claim. Waymaker reserves the right, at Waymaker’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter with-out Waymaker’s written consent.

Exclusion of Liability

Waymaker takes great care in compiling the contents of these internet pages and makes sure that they are updated on a regular basis. They are nevertheless only meant to provide non-binding general information on Waymaker products and services. Insofar as you have further questions on Membership, please contact Waymaker direct. The Website cannot replace detailed individual advice to help the prospective buyer make his decision. The technical features and equipment of the vehicles described are only examples.

2. This Website is provided on an “as is” basis. Waymaker does not guarantee that the information on these pages is up-to-date, accurate and complete, or that they can be accessed without disturbance at any time. Without prejudice to the generality of the foregoing, Waymaker does not warrant that: this Website will be constantly available or available at all or that the information on this Website is complete, true, accurate or non-misleading. Waymaker also does not warrant to the merchantability and/or fitness of any goods or services featured, recommended or described in the Website.

3. When Waymaker refers to web pages of third parties (whether related/affiliated to Waymaker or otherwise) (links), Waymaker does not take any responsibility for the contents of the linked pages. In activating the reference, you leave Waymaker’s information service. Diverging regulations can therefore be applicable to the services of these third parties, in particular with regard to data protection. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Waymaker has not verified the accuracy of the information of such other websites and expressly do not accept any liability for the content of such webpages.

4. In no event shall Waymaker be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the you as a result of an action brought by a third party) even if such loss were reasonably foreseeable or that Waymaker had been advised of the possibility of your incurring the same.

5. Waymaker’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance, shall not exceed any amount paid by you in accessing this Website.

6. Waymaker does not warrant that this site, information, content, materials, products or services included on or otherwise made available to you through the Website, Waymaker’s servers, or e-mail sent from Waymaker are free of viruses or other harmful components. Waymaker will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental and consequential damages.

7. By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

Rules for Minors

If you are a minor under applicable laws, you must ask your parents or guardian before you:
– E-mail the Website, or ask Waymaker to e-mail anything to you;
– Send in any information;
– Enter any contest, or promotion that requires information about you or offers a prize.

Suggestions, Comments and Feedback

If you respond to an Waymaker published document with information including feedback data such as questions, comments, suggestions or anything regarding the content of such document, such information will be deemed to be non-confidential and Waymaker will have no obligation whatsoever with respect to such information and may reproduce, disclose and distribute the information to others, including in particular Waymaker Partners, without limitation.

Any communication you may sent to and via this Website or otherwise sent to Waymaker via electronic mail are on a non-confidential basis and Waymaker may reproduce, publish or otherwise use them for any purpose. Waymaker may use the content of such communications, including any ideas, inventions, concepts, techniques or know-how disclosed herein for any purpose, including the developing, manufacturing and/or marketing or goods and/or services. Further, Waymaker may use such ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including developing and marketing services incorporating such information.

General provisions
1. Waymaker may change the content of this Website at any time without any notice.

2. Waymaker may deny access to this Website to anyone.

3. These Terms and those found in Waymaker’s online privacy statement set forth the entire understanding and agreement between you and Waymaker with respect to the Website. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and shall not affect the validity and enforceability of other remaining provisions.

4. Waymaker administers the Website from Waymaker’s offices in Singapore. All content on the Website has been prepared in accordance with the laws of Singapore and may not satisfy the laws of any other country. Waymaker makes no representation that the Website is appropriate or available for use outside Singapore and access to the Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the Website from outside Singapore, you do so on your own initiative and are responsible for compliance with applicable laws.

5. Any dispute arising out of or in connection with the use of this Website and/or these Terms a, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC”) for the time being in force which rules are deemed to be incorporated by reference to this clause. The decision of such Tribunal shall be final and binding upon the parties.

Non-liability Clause

Waymaker takes great care in compiling the contents of these internet pages and makes sure that they are updated on a regular basis. They are nevertheless only meant to provide non-binding general information and cannot replace detailed individual advice to help the prospective buyer make his decision. The technical features and equipment of the vehicles described are only examples. Such features and equipments can vary especially depending on the country where they are sold. They are subject to alterations at any time. You will get binding up-to-date specifications on the features, equipments or characteristics of our vehicles exclusively from your authorized dealer or importer.

Waymaker does not guarantee that the information on these pages is up-to-date, accurate and complete, or that they can be accessed without disturbance at any time.

When we refer to web pages of third parties (links), Waymaker does not take any responsibility for the contents of the linked pages. In activating the reference, you leave the information service of Waymaker. Diverging regulations can therefore be applicable to the services of third parties, in particular with regard to data protection.

Waymaker further exempts itself from all liability for related services – in particular for the downloading of files provided by Waymaker on the web pages of Waymaker – in the event of slight neglect of duty, unless fundamental contractual obligations such as life, health or body are concerned, or claims based on the Product Liability Act are affected. The same applies to neglect of duty on the part of our vicarious agents.

Copyright

All texts, pictures and other works published on the internet page are subject to the copyright of Waymaker, if not otherwise indicated. Any duplication, distribution, storage, communication, broadcast and reproduction or transmission of the contents without written approval from Waymaker is prohibited.