Terms & Conditions
AND TERMS FOR PURCHASE OF PRODUCTS
1.3 By accessing or using the Website, or registering for a user account (“User Account”), or placing an order for a Product, you are deemed to have accepted these terms and conditions.
1.4 If you do not agree to these terms and conditions, you should not access or use the Website, register for a User Account or place an order for any Product.
1.6 We may revise the Terms from time to time without notice to you and any change will take effect upon being uploaded on the Website. Your continued use of the Website indicates your
acceptance of the revised Terms. It is your responsibility to check for the latest version of the Terms.
1.7 Although the Terms are in common use by Belgarath, Sarpino, GDA and Operators of other websites, each is responsible to you only in relation to your use of their own website. Belgarath, Sarpino, GDA and Operators of other websites do not undertake any responsibility to you for any website not operated by themselves.
2. LICENCE TO USE THE WEBSITE
2.1 Subject to the Terms, we grant you a non-exclusive, revocable, non-transferable, limited licence to use the Website. This licence does not transfer any title in the Website to you. We retain all ownership rights in the Website and reserve all rights not expressly granted to you.
3. FEES FOR USE OF THE WEBSITE
3.1 We may impose charges for a User Account or for the use of the Website or any functionality within the Website. If you do not accept the fees, you should terminate your User Account and/or stop using the Website.
4. ACCESS TO THE WEBSITE
4.1 The accessibility and operation of the Website relies on technologies outside our control. We do not guarantee that this Website will be:
5. THIRD PARTY WEBSITES
5.1 The Website may contain links to other websites (“Third Party Website”) which are not owned or maintained by us. These links are provided only for your convenience and we make no representations whatsoever about any Third Party Websites.
5.2 We have no control over, and assume no responsibility for the content, privacy policies or practices of these Third Party Websites. In addition, we will not and cannot censor or edit the content of any Third Party Website.
5.3 A link to any Third Party Website does not mean that we endorse or accept any responsibility for the content, or the use of such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with the use or reliance on any content, goods or services available on or through any Third Party Website.
6. LINKS TO THIS WEBSITE FROM OTHER WEBSITES
6.1 Caching or framing of, or linking to this Website or any of its contents thereof, is strictly prohibited.
6.2 You may link to this Website only with our prior written permission, which may be subject to conditions. We reserve the right to change the URL of this Website without prior notice to you.
7.1 We may place advertisements in different locations within the Website and at different points during your use of the Website. These locations and points may change from time to time.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All contents on this Website (including trademarks, text, graphics, audio files, videos, photographs, images, music, source code, html code, interactive features, software pages and documents) (“Contents”) are protected by law. The intellectual property rights in the Contents are owned by or licensed to us by their respective owners.
8.2 Except to the extent permitted under the law, no part of the Website or its Contents may be modified or reproduced without obtaining our prior written permission.
9. OUR RIGHTS
9.1 The Website is offered by us in Singapore and we make no representation that it complies with the laws or is appropriate for use in any other jurisdiction.
9.2 We may, but are not obliged to, update, make changes, enhancements and modifications to and/or perform maintenance and other services on the Website from time to time.
9.3 We discontinue any information or features that form part of the Website at any time, without notice to you, and without liability.
9.4 Your access and/or use of the Website may also be occasionally restricted to allow for repairs, maintenance or the introduction of new features. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate.
9.5 We reserve the right to monitor usage of the Website by any person and have the sole discretion to refuse access or use by any person at any time without having to give any reason or any prior notice.
9.6 You agree to us collecting and using your device’s technical data and all its associated information, including without limitation, technical information about your device, system, software, device functionality and device specifications. The collected technical data may from time to time be used to facilitate the provision and improvement of the Website, software updates, product support and other services associated with the Website (if any). You agree that we may use this technical data to improve our Website.
10. POSTINGS AND SUBMISSIONS
10.1 In the course of using the Website, you may be submitting information, materials, commentary, suggestions and feedback (“Submissions”).
10.3 You grant us the right to display, modify, re-format, use, publish and disseminate such Submissions as we deem fit.
11. USAGE RULES
11.1 Defamation: You must not publish, transmit, post, upload or maintain any defamatory, obscene, threatening, malicious or otherwise objectionable material, or any other material in violation of any statute, rule or regulation in any jurisdiction to which you are subject.
11.2 Other Infringement: You must not publish, transmit, post, upload or maintain any content or material that is inaccurate or that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights.
11.3 Illegal Acts: You must not use the Website for any illegal purposes (or to solicit any illegal act) in any jurisdiction to which you are subject.
11.4 Security: You will not circumvent or attempt to circumvent user authentication or security measures ("cracking") of any Internet or intranet site or any of the accounts of any person using the Website, including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us. You shall not upload files that are corrupted, contain viruses or any other similar software or programs which may damage the Website or cause interference to the services provided by us.
11.5 Interference: You must not interfere or attempt to interfere with services we provide on the Website ("denial of service attacks") including, but not limited to, "flooding" of networks, deliberate attempts to overload a service, attempts to "crash" us and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure. You must not use any kind of program/script/command/application, or send messages of any kind, designed to, in any manner interfere with any user’s terminal session.
11.6 Spamming: You must not e-mail any unsolicited commercial advertisements or e-mail to any party in any situation in which commercial advertisements and e-mail are unwelcome.
12. USER ACCOUNT REGISTRATION
12.1 You may be required to register for a User Account in order to access or use some functionality within the Website.
12.2 In signing up for a User Account, you represent and warrant that:
12.3 Upon successful registration of your User Account, you, as the holder of the User Account (“Registered User”):
12.4 You are solely responsible for any and all activities which occur under your User Account. We are entitled to treat all activities that occur under your User Account as having been conducted with your knowledge and authority. For the avoidance of doubt, in cases where you have allowed any other person to use your User Account or have negligently or otherwise made your password and/or User Account ID publicly available, you agree that you are fully responsible for:
12.5 We reserve the right to reject your application for a User Account.
12.6 You acknowledge and agree that we may access your User Account and its contents as necessary for purposes including but not limited to identifying or resolving technical problems or responding to complaints without prior notice to you.
13. PRODUCTS AVAILABLE THROUGH THE WEBSITE
13.1 The sale of the Products may be subject to further terms and conditions as set out on the relevant Web page (collectively “Terms of Sale”). You are responsible for ensuring that you understand the Terms of Sale and the description of the Product (“Product Description”). If there is any inconsistency between the Terms of Sale and these Terms, the provisions in these Terms shall apply.
13.2 Unless otherwise stated, prices of the Products (“Prices”) are in Singapore Dollars and are exclusive of Goods and Services Tax, delivery, insurance, import and export duties or other levies.
13.3 All images of the Products are for information purpose only. Products delivered to you may differ from the images on the Website.
13.4 We reserve the right to correct any error in the Terms of Sale, Product Description and/or the Price at any time.
PURCHASE OF PRODUCT
14. PLACING ORDERS
14.1 Unless specified otherwise in the Terms of Sale, you are required to make full payment for the Products prior to delivery.
14.2 Acknowledgement of receipt of your order does not constitute acceptance of your order.
Your order is accepted only when you receive a confirmation of acceptance (“Confirmation”).
14.3 It is your responsibility to ensure that all details provided at the time of placing your order are true, accurate and complete. Your order is accepted only when you receive a confirmation of acceptance (“Confirmation”).
15.1 Delivery times are approximate. You agree that delivery may be delayed due to traffic congestion or any other factors, and you accept the risk of delay
15.2 You shall notify us immediately (in the manner set out in the Website) if there are any issues with the Products delivered. You shall provide full details of the issues together with pictures of any defective or non-conforming Products. If you do not notify us within two (2) days, you agree that it is reasonable for us to assume that there is no issue with the delivery.
15.3 Notwithstanding the fact that you may have made advance payment, if the Product cannot be fulfilled for any reason whatsoever, the order may be cancelled without liability. Our sole liability and your entire recourse in such situation is a refund of the amount paid by you.
16.1 Payment for Products shall be made in accordance with the payment methods specified on the Website.
16.2 We may use third party services to verify, secure and/or process your payments. The third party services may charge a fee for processing payments related to your transactions on the Website and you shall be responsible for all payment processing fees incurred.
16.3 Without prejudice to the other provisions of the Terms, we shall not be responsible for any malfunction in any computer system, software or any Internet access service provider that may affect the accuracy or timeliness of the online transmission of payment instructions. We shall not be responsible if any information provided is inaccurate or if payment instructions are not given sufficiently in advance to allow for timely payment or if payment instructions cannot be carried out for any reason beyond our control.
17.1 Where appropriate, we use available technology to protect the security of communication made through the Website. You acknowledge and agree that there are inherent risks in Internet communications and conducting transactions over the Internet or electronic networks and you have voluntarily assumed those risks. We do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Website.
17.2 Internet communications may be susceptible to interference or interception by third parties. Despite the best efforts, we make no warranties that the Website is free of infection by computer viruses or other unauthorised software.
17.3 We and our parents, subsidiaries, affiliates, officers, directors, shareholders, employees, franchisees, agents and sub-contractors make no warranties, and except as specifically set out in the Terms, we shall not be liable, in any circumstances or under any legal theories whatsoever (including contract, tort, equity, strict liability, breach of statutory duty or otherwise), for any loss of data, business, profits or goodwill, loss of use, interruption of business, injury, loss, damages, costs or expenses, or for any indirect, special, exemplary, punitive, incidental or consequential damages of any kind (even if we are aware of the risks of such damages) as a result of:
17.4 Our sole obligation and your sole and exclusive remedy in the event of interruption to the use of and/or access to Website shall be to use all reasonable endeavours to restore the use of and access to the Website as soon as reasonably practicable.
18. LIMITATION OF LIABILITY
18.1 Our entire liability to users of this Website and any customer placing purchases for the Products, whether based on contract, tort (including negligence), equity, strict liability, breach of statutory duty or otherwise, for any and all injury, loss, claim, damage, costs and expenses shall be limited to the amount of S$1,000 (Singapore Dollars one thousand only) in all circumstances.
19. INDEMNITY AND RELEASE
19.1 You agree to indemnify us and our officers, directors, shareholders, employees, agents, franchisees and sub-contractors (collectively known as the “Indemnitees”) in respect of any and all claims, demands, actions, proceedings, liabilities (whether civil or criminal), damages, losses, costs and expenses (including legal costs on an indemnity basis) which may be suffered or incurred by the Indemnitees or asserted against the Indemnitees by any person in respect of:
20.1 We reserve the right to terminate your access of the Website or your User Account immediately without prior notice, without giving you a reason and/or without further references to you if:
20.2 After terminating your User Account, we may delete from the servers, any and all information contained in your User Account. You are entitled to request for a copy of such information within seven (7) days of the effective date of termination and we will supply you with a copy of such information upon your payment of any applicable fees.
21. FORCE MAJEURE
21.1 Without prejudice to the applicability and effect of the clauses above disclaiming or limiting liability, we will be excused from any delay or failure to perform any obligation if such delay or failure results, directly or indirectly, from any act of nature or circumstance or cause beyond our reasonable control including, but not limited to, any Act of God, fire, flood, explosion, lightning, windstorm, earthquake, epidemic, disease outbreak, extraordinarily severe weather conditions, failure of machinery or equipment, shortage of materials, discontinuation of power supply, court order, legislation or governmental interference, radioactive, chemical or biological contamination, civil commotion, riot or armed conflict, war, civil war (whether declared or undeclared), acts of terrorism, strike, labour disturbances, transportation difficulties or labour shortages (“Force Majeure Events”).
22.1 The Terms set out the entire agreement between us and you on your use of the Website.
22.2 The headings used in the Terms are included for convenience only and will not limit or otherwise affect the provisions herein.
22.3 Any amendment of the Terms, if sought by you, shall not be effective unless it is made in writing and signed by our duly authorised representative.
22.4 Other than the Indemnitees who may enforce the applicable provisions of the Terms, no third party shall have any right to enforce the Terms under the Contracts (Rights of Third Parties) Act (Cap.53B) or any other theory of law.
22.5 If any provision in the Terms is invalid or unenforceable under applicable law, that provision shall be enforced to the maximum extent possible, and the remaining provisions will continue in full force and effect.
22.6 Any failure by us to insist upon strict compliance with any provision in the Terms shall not be construed as a waiver with regard to any subsequent failure to comply with such provision.
22.7 The rights and remedies under the Terms are cumulative and not exclusive of any other right or remedy provided by law or equity.
23. GOVERNING LAW AND DISPUTE RESOLUTION
23.1 The Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore.
23.2 Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
23.3 The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator, and the language of the arbitration shall be English.
23.4 For the avoidance of doubt, nothing in this clause shall prevent any person from seeking urgent equitable relief before any appropriate court.