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IMPORTANT - PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND/OR USING IT'S
ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OR CONDITIONS,
YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF THIS WEBSITE AND/OR
USE OF THE ONLINE SERVICES.
General Terms and Conditions:
(1) In these Terms and Conditions the following
expressions shall have the following meanings:
- "Customer" shall mean you and all
other persons who purchase the products under your Login.
- "Intellectual Property" shall mean
all intellectual property rights of whatsoever nature, including
(without limitation) patents, designs, present and future trademark
or copyright, whether or not registered or registrable by any
means, and the right to file an application for registration
thereof.
- "Login" shall mean a Customer's access
to Simplewonder.com under that Customer's registration.
- "Product/Products" shall mean any
and all the products for sale by Simplewonder.com.
- "SimpleWonder shall mean SimpleWonder
who is the seller of the products by SimpleWonder.
- "SimpleWonder" shall mean this Internet
site or catalogues owned by SimpleWonder and the medium by which
Products are offered for sale by SimpleWonder to the Customer.
(2) All the Products sold by SimpleWonder through
this site are sold subject to these Terms and Conditions.
By submitting your order for processing by Simplewonder.com, you
confirm and affirm that you have read, understood and agree to
the Terms and Conditions in the form in which they appear at the
time your order is submitted for processing.
(3) These terms and conditions shall prevail over any other document
purporting to have a contractual effect including any other SimpleWonder
policy.
(4) The Customer shall agree to complete the registration process
according to SimpleWonder's requirements as stated on this site.
The Customer shall provide SimpleWonder with complete and updated
information, which shall include (but shall not be limited to)
the Customer's legal name, billing address, mailing address, date
of birth, telephone and fax numbers (optional) and e-mail address.
(5) Registration to open to Customers aged 18
and above. SimpleWonder has the absolute discretion to refuse
the registration of a potential customer for any reason whatsoever
and to terminate the registration of any of its Customers for
any reason whatsoever.
(6) The Customer will be liable for every order
made under his/her Login and agrees to indemnify SimpleWonder
for all claims, damages whatsoever made by any third party arising
from the actions of a person placing orders for the Products using
the Customer's Login. The Customer shall be responsible for updating
his registration information.
(7) LIABILITY
- The liability of SimpleWonder whether in contract,
tort or otherwise for any loss, damage or injury arising directly
or indirectly from any defect in or non-compliance of the Products
or any other breach of SimpleWonder's obligations hereunder
shall not in any event exceed an amount equivalent to the price
of the Products.
- SimpleWonder shall not be liable for any consequential,
indirect or special damage or loss of any kind whatsoever nor
shall SimpleWonder be liable for any damage or loss caused by
the Customer's servants, agents, buyers or other persons whatsoever.
- The Customer shall ensure that the Products
are not used for any purpose for which they are not suitable
and shall be responsible for using all necessary skill and care
in handling and using the Products. The Customer expressly acknowledges
and agrees that SimpleWonder assumes no obligation or liability
for any advice or information given with the Products and SimpleWonder
shall not be responsible for any inaccuracy or misstatement
of any such information. The Products shall be accepted by the
Customer entirely at the Customer's risk.
(8) LIMITATION OF LIABILITY
By accessing and using this Simplewonder.com internet site,
the Customer acknowledges and accepts that the use of the site
is at the Customers own risk. SimpleWonder shall not be
liable for any direct, indirect, incidental, consequential or
punitive damage or for damages for lost profits or for loss of
revenue arising out of any use of, access to, or inability to
use the site. Without limiting the foregoing:
ALL INFORMATION AND MATERIALS
CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY
OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY,
MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT.
SIMPLEWONDER HOLDS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS
OR OMISSIONS IN THE CONTENTS OF THE SITE. SIMPLEWONDER
ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT
PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY
USE OF OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION
OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING
WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT,
DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER
CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS
OR USE OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR
PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION
TO OR FROM THE SITE.
(9) INTELLECTUAL PROPERTY
- All rights, title and interest in all Intellectual
Property in all concepts, systems, written, graphic and other
material relating to Simplewonder.com shall at all times remain
the property of SimpleWonder.
- SimpleWonder and other parties own the trade
marks, logos and service marks displayed on this site
and/or in connection with the Products and Customers and on-line
visitors are prohibited from using the same without the written
permission of SimpleWonder or such other parties.
(10) VARIATION OF TERMS AND CONDITIONS
SimpleWonder reserves the right to amend these Terms and Conditions
in its sole discretion. SimpleWonder may, but does not undertake,
to notify the Customer of such changes. It is the Customer's responsibility
to review the Terms and Conditions prior to submitting any order
and SimpleWonder shall have no responsibility to notify the Customer
of any changes to the Terms and Conditions prior to the coming
into effect of such changes or otherwise.
(11) APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of Singapore
and the Customer and SimpleWonder agree to submit to the jurisdiction
of the Singapore courts.
(12) CUSTOMER DATA
- The Customer authorises SimpleWonder to collect,
retain and use personal information about the Customer for the
following purposes:-
- Undertaking any dealings or transactions with the Customer
and providing continuous services to the Customer;
- Enforcing of any legal or other rights SimpleWonder may
have against the Customer in any manner that SimpleWonder
sees fit;
- Assessing the Customer's credit-worthiness;
- Making such disclosures as may in SimpleWonder's opinion
be required for any of the above purposes;
- Sending the Customer any advertising and/or promotional
material;
- Customizing and designing services for Customers;
- Conducting research, such as research which determine
which areas are not meeting SimpleWonder's Customers' needs;
- Customising pages for Customers and putting together
Customer shopping lists;
- Notifying Customers of special offers or new Products;
- Notifying Customer of up-dates to this site;
- Performing statistical and analysis of Customers' behaviour
and characteristics in order to measure interest in and
use of the various areas of this site and providing this
information to advertisers together with information as
to the number of users that have been exposed to or clicked
on their banners
- The Customer further authorises SimpleWonder
to collect personal information about the Customer from the
Customer or any other source available to SimpleWonder including
but not limited to credit referral agencies, the Customer's
bank (present and past) and other suppliers or products and
services to the Customer and other persons or companies with
whom the Customer will have been associated.
- The Customer is aware that in the event that
sufficient personal information is not supplied, or is not satisfactory
to SimpleWonder then his/her application for registration to
Simplewonder.com may not be accepted.
- The Customer is aware that any personal information
supplied by the Customer will be retained by SimpleWonder and
will be accessible to SimpleWonder's employees and other persons
or bodies corporate engaged by SimpleWonder for or in relation
to any of the purposes listed in Clause 20 above, or to third
parties as stated in Clause 21 and the Customer authorises SimpleWonder
to disclose all or any part of any personal information provided
by the Customer to such third parties.
- The Customer acknowledges that SimpleWonder
shall retain all personal information supplied by the Customer
and unless otherwise notified to SimpleWonder, may continue
to contact the Customer with marketing information even after
the Customer's registration is cancelled.
(13) PRIVACY & CONFIDENTIALITY
SimpleWonder DOES NOT sell, rent or lease its Customer lists to
third party.
- Personal data held by SimpleWonder relating
to its Customers or to visitors to this site will be kept confidential
unless SimpleWonder has Customer's consent otherwise but SimpleWonder
may provide this information to third parties including but
not limited to SimpleWonder advertisers, associated companies
or trusted contractors/agents or other network operators who
perform certain tasks for SimpleWonder in connection with the
provision of SimpleWonder's services to its Customers and to
visitors to this site. All such third parties are prohibited
from using Customer's personal data except to provide the requisite
services to SimpleWonder and they are required to maintain the
confidentiality of such data.
- Any questions, comments, suggestions or information
other than personal data sent or posted to this site, or any
part of this site by online Customers and visitors will be deemed
voluntarily provided to SimpleWonder on a non-confidential and
non-proprietary basis. SimpleWonder reserves the right to use,
reproduce, disclose, transmit, publish, broadcast and/or post
elsewhere such information freely, including passing it to any
associated company for example, in connection with the development,
manufactured and marketing of products and services and to meet
Customer needs.
- SimpleWonder will disclose Customer's personal
data, without notice, only if required to do so by law or in
the good faith belief that such action is necessary to:-
- Comply with legal process served on SimpleWonder
or the site;
- Protect and defend the rights or property of
SimpleWonder; and
- Act under all circumstances to protect
the personal safety of users of SimpleWonder, the SimpleWonder
internet site or the public.
(14) SAFETY OF CUSTOMER'S DATA
All reasonable efforts are made by SimpleWonder to ensure that
any personal data held by SimpleWonder and Simplewonder.com is
stored in a secure and safe place and no unauthorised access will
be made by SimpleWonder to Customer's computer or browser.
(15) HYPERLINKS
The Simplewonder.com may include hyperlinks to websites on the
Internet that are owned or operated by third parties. Such linked
websites are not under the control of SimpleWonder and SimpleWonder
cannot accept responsibility for the contents of or the consequences
of accessing any linked website or any link contained in a linked
website.
Furthermore, the hyperlinks provided in this website
shall not be considered or construed as an endorsement or verification
of such linked websites or the contents therein by SimpleWonder.
You agree that your access to and/or use of such linked websites
is entirely at your own risk and subject to the terms and conditions
of access and/or use contained therein.
(16) CONTENT
- All reasonable efforts are made to ensure that
the information provided on this site is correct and
up-to-date. However, SimpleWonder disclaims all implied and/or
express warranties and makes no representation as to the accuracy
or completeness of any information on the site. SimpleWonder
takes no responsibility and assumes no liability for the content
of the site or for anything posted on or linked to
it, including without limitation any mistake, error, omission,
infringement, defamation, falsehood, or other material or omission
that might offend or otherwise give rise to any claim or complaint.
(See also without limitation the words in capitals below)
- We have made every effort to display as accurately
as possible the colors of our products that appear at the Simplewonder.com.
However, as the actual colors you see will depend on your monitor,
we cannot guarantee that your monitor's display of any color
will be accurate.
(17) MISCELLANEOUS
Unless otherwise specified and except to the extent SimpleWonder
products are offered for sale in Singapore through this Simplewonder.com
site, this site and the Contents thereof are displayed solely
for the purpose of promoting SimpleWonder' products and services
available in Singapore and selected foreign markets only. Simplewonder.com
is controlled and operated by SimpleWonder from its office in
Singapore.
(18) INACCURACY DISCLAIMER
From time to time there may be information on Simplewonder.com
that contains typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, and availability.
We reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior
notice (including after you have submitted your order). We apologize
for any inconvenience this may cause you.
(19)
DISCLAIMER
The information and materials contained in or accessed through
this website are provided on an "as is" and "as
available" basis and are of a general nature which have not
been verified, considered or assessed by any member of SimpleWonder
in relation to the making of any specific investment, business,
financial or commercial decision. Such information and materials
are provided for general information only and you should seek
professional advice at all times and obtain independent verification
of the information and materials contained herein before making
any decision based on any such information or materials.
SimpleWonder
does not warrant the truth, accuracy, adequacy, completeness or
reasonableness of the information and materials contained in or
accessed through this website and expressly disclaims liability
for any errors in, or omissions from, such information and materials.
No warranty of any kind, implied, express or statutory (including
but not limited to, warranties of title, merchantability, satisfactory
quality, non-infringement of third-party intellectual property
rights, fitness for a particular purpose and freedom from computer
virus and other malicious code), is given in conjunction with
such information and materials, or this website in general.
Under
no circumstances shall SimpleWonder be liable regardless of the
form of action for any failure of performance, system, server
or connection failure, error, omission, interruption, breach of
security, computer virus, malicious code, corruption, delay in
operation or transmission, transmission error or unavailability
of access in connection with your accessing this website and/or
using the online services even if SimpleWonder had been advised
as to the possibility.
In
no event shall SimpleWonder be liable to you or any other party
for any damages, losses, expenses or costs whatsoever (including
without limitation, any direct, indirect, special, incidental
or consequential damages, loss of profits or loss opportunity)
arising in connection with your use of this website, or reliance
on any information, materials or online services provided at this
website, regardless of the form of action and even if SimpleWonder
had been advised as to the possibility of such damages.
Yours Faithfully,
The SimpleWonder Team(Singapore).
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