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The Terms and Conditions (defined below) govern your access and use of the Site (defined below), use of our services and the sale and purchase of Goods from YourFurniture and Retail Merchants through the Site.
CONDITIONS OF USE
In the Terms and Conditions, “we” and “us” means YourFurniture and “you” and “User(s)” means the person, firm or corporation who access and use the Site. Except to the extent that the subject matter or context may otherwise require in the Terms and Conditions, (i) expressions including the singular may indicate the plural and vice versa; (ii) expressions indicating any particular gender may indicate all other genders; (iii) expressions indicating bodies corporate may also indicate natural persons and vice versa; (iv) all references to Clauses are to the clauses of the CONDITIONS OF USE; and (v) the following expressions shall have their respective meanings set out as follows:
“Acknowledgement” means our email acknowledgement of receipt of your Sales Order.
“Agreement” means the agreement between YourFurniture and you on use of the Site, our services provided and the Goods purchased through the Site and which comprises of the Terms and Conditions, your Sales Order and the Sales Confirmation;
“Associates” shall have the meaning set out in Clause 16.1;
“Content” shall have the meaning set out in Clause 12.2;
“Goods” means the products that are sold through the Site and which comprise of the Retail Merchant’s Goods and YourFurniture Branded Goods;
“Guest” shall have the meaning set out in Clause 1.1;
“Invoice” means the invoice issued by us to you showing the price of the Goods purchased which is your proof of purchase;
“Member” shall have the meaning set out in Clause 1.2;
“Price” means the purchase price of the Goods listed for sale in the Site ;
“Retail Merchant” means any merchant that engages the services of YourFurniture to place listing(s) for the sale of Goods on the Site;
“Retail Merchant’s Goods” means the products of the Retail Merchant that are listed for sale on the Site;
“Sales Confirmation” means the written confirmation from YourFurniture confirming that the Sales Order has been accepted and is being processed;
“Sales Order” means the order for the Goods that has been electronically placed on the Site;
“Sales Order ID” means the Goods’ confirmation number issued by us to you upon our acceptance of the Sales Order.
“Site” means YourFurniture’s online storefront at www.yourfurniture.com.sg
“YourFurniture” means YourFurniture Pte Ltd, a company incorporated under the laws of the Republic of Singapore.
“YourFurniture Branded Goods” means the products of YourFurniture that are listed for sale on the Site;
“Terms and Conditions” shall have the meaning set out at the beginning of the CONDITIONS OF USE.
“Territory” means Singapore.
“Third-Party Site(s)” shall have the meaning set out at Clause 13.
1. USER, USER DETAILS, ACCOUNT AND REGISTRATION
Only persons who are 18 years and above who are entitled to enter into legally binding contracts may access and use the Site as a User and submit the Sales Order or make any orders, purchases or any other form of request on the Site. As a User, you may access and use the Site as well as make orders or purchases as a Guest or Member. If as a User, you elect not to register an account with us when access or use the Site or conduct any online transactions on the Site, you will be reflected as a guest on the Site (“Guest”). If however you have elected to register an account with us and be a Member (as described in Clause 2 below), you will enjoy certain specified benefits exclusively granted only to Members.
The Site and our services are directed solely to Users who access the Site from the Territory. If you choose to access the Site or use our services from locations outside Singapore, you do so at your own risk and shall be solely responsible for complying with applicable laws and all legal consequences arising therefrom.
1.2 User Details, Account and Registration
In order to purchase any Goods on the Site, you need to provide certain particulars which include your name, postcode, a valid email address, billing address, delivery address, payment details, personal information so as to enable us to process your orders or purchases.
Once you have been registered with an account with us, you will be issued a password to access your account. You must keep the password confidential and notify us immediately once your password or account has been compromised.
2.1 Sales Order
All Sales Orders submitted to YourFurniture through the Site are subject to our acceptance. Upon confirmation of the Sales Order, we will issue a Sales Order ID and provide you with a Sales Confirmation. The Agreement between you and YourFurniture in respect of the Goods ordered will be deemed completed upon payment and delivery of the said Goods. Until such time, we reserve the right to reject your Sales Order without providing any reason. YourFurniture shall be entitled to cancel or terminate the obligations to fulfill any Sales Order, for any reason whatsoever, including shortage of stock of Goods of the Retail Merchant even after a Sales Order is confirmed by, and paid for by you, with or without notice and we shall not be liable for any loss and damage to any party for such termination or cancellation. In such event, we shall refund to you the Price of the Goods purchased.
2.2. Payment Terms
Unless otherwise stated, all Prices quoted are inclusive of applicable goods and services tax.
Unless otherwise stated, all payments to be made through the Site shall be made using PAYPAL® or credit card payment (where you are the cardholder of that card) and shall be made in accordance with such procedures as we may from time to time specify.
You may also use our digital coupons (described below) during payment. Digital coupons will be issued with their own set of conditions stated therein and which are specific to each digital coupon. Please refer to the specific terms that come with the usage of digital coupons.
2.3. Payment Processing
Payments may be made by PAYPAL® Pte Ltd and through the use of internationally accepted credit cards which include VISA®, MASTERCARD®, and AMERICAN EXPRESS®.
YourFurniture gift cards and vouchers may be used for the purchase of any item(s) of merchandise of Goods on the Site except concessionary products and may also be used by you when you choose to shop at any Retail Merchant in person in Singapore. Use of YourFurniture gift cards and vouchers are subject to the following terms:
Valid for 12 months from date of issue.
No replacements for damaged, lost or expired gift cards / vouchers.
Gift cards / vouchers are not exchangeable for cash and unutilised amounts will not be refunded.
And any other applicable terms and conditions stated on the gift cards and vouchers.
2.4. Digital Coupons
We may from time to time, offer discounts for purchases on the Site through the use of promotional discount codes found on digital coupons and which may apply in respect of certain specified purchases made through the Site. Only one promotional discount code found on a single digital coupon can be applied to a single order or online transaction. Once a promotional discount code is used when placing an order, the relevant digital coupon will automatically be redeemed against the total purchase amount for the relevant order. Digital coupons must be used prior to their expiration date indicated therein. Digital coupons cannot be replaced if lost, stolen, deleted, or if you should decide to cancel or return your purchase. In the event where the total purchase value is below the value of the digital coupon, the excess value of the digital coupon will not be refunded. Digital coupons will not be applicable with any other promotions that may be promoted in the Site, unless otherwise stated. If there is a conflict between the Terms and Conditions and that stated in the digital coupon, the terms and conditions stated in each digital coupon shall be final and conclusive.
3. ERRORS ON OUR SITE
Prices and availability of Goods provided are subject to change without notice. Users acknowledge and agree that the each Retail Merchant is solely responsible for the accuracy of their respective listing of their Goods on the Site. Errors on the Site, which may include without limitation to errors in the Price and description of Goods will be corrected when discovered, and YourFurniture reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Sales Order has been submitted and whether or not the Sales Order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your Sales Order is cancelled, YourFurniture will credit to your credit card account for the amount that was charged. Individual bank policies will dictate when this said amount is eventually credited to your bank account. Whilst YourFurniture shall use its best endeavours to ensure the accuracy of such listings on the Site and to promptly correct any errors, inaccuracies or omissions, it shall not be liable for any loss or damage arising from the same. You acknowledge and agree that such errors may sometimes occur due to software default or otherwise and is not in any way intended to mislead or misrepresent to you in any way and as such, YourFurniture shall not be liable to you for any loss or damage arising from such error.
4. GOODS SOLD BY RETAIL MERCHANTS ON THE SITE
The Retail Merchant is the seller of the Goods listed for sale on the Site by the Retail Merchant. As such, the Retail Merchant is solely responsible for providing you with the said Goods so purchased through the Site. The supply of the said Goods are subject to the Retail Merchant’s own terms and conditions and you acknowledge and agree to abide by the Retail Merchant’s terms and conditions in relation to supply of their Goods.
Save as otherwise expressly provided herein, by listing the Goods on the Site and processing the sale, purchase and delivery of the Goods, YourFurniture does not provide any warranties in respect of the Goods. Any express or implied warranty at law, statute, common law or otherwise in respect of the Goods listed and sold by Retail Merchants on the Site is at the sole responsibility of the Retail Merchant. By using and placing an order on the Site, you acknowledge and agree that YourFurniture does not in any way, warrant or guarantee the accuracy of any Goods placed on the Site. Furthermore, you acknowledge and agree that any dispute arising out of or in connection with the Goods listed and sold by the Retail Merchants shall solely be a matter to be resolved between you and the Retail Merchants.
By using and placing an order on the Site, you agree to hold YourFurniture, its directors, officers, employees and agents harmless from any and all claims, demands and damages (actual and consequential) arising out of or in connection with your use of the Site and our services and any breach of this Agreement by you.
From time to time and at the sole discretion of YourFurniture, we may assist in resolving any dispute arising between you and the Retail Merchants. YourFurniture is however not obliged to provide such assistance and any assistance thus provided will be done solely on a good faith basis.
5. DELIVERY & COLLECTION CONDITIONS
If you choose for the Goods to be delivered to you, the delivery charge (if applicable) will be listed on each individual product listing by the respective Retail Merchant. All Goods purchased from us will only be delivered to addresses within Singapore unless otherwise specified. No delivery of Goods will be made to post office boxes.
You warrant that the address provided by you with your order shall be the delivery address for Goods and you shall hold harmless and indemnify YourFurniture, its directors, officers and employees, agent and Retail Merchants for any error, loss, expense and any other cost or fee in relation to any error in the provided delivery address.
If you elect to collect the Goods from YourFurniture, Its agent or Retail Merchants, you agree to physically collect the Goods within 5 business days from the date of confirmation of your Sales Order at the location as indicated by the product listing.
6. CANCELLATIONS, EXCHANGES & RETURNS
You agree to be bound by the respective cancellation/refund, exchanges and return policies of YourFurniture branded goods and the Retail Merchant Goods set out in this clause 6. Hence if you are not fully satisfied with your purchase, you may return it in accordance with the terms set out below.
6.1 Purchases of YourFurniture Branded Goods
All sales of YourFurniture branded goods shall be subject to the cancellation/refund, exchanges and return policies as set below.
YourFurniture reserves the right to cancel any sale transaction on the Site and refund to you, the Price of any YourFurniture Branded Goods purchased from the Site even after the relevant Sales Order is confirmed and payment has been received by us, in lieu of delivery or supply of YourFurniture Branded Goods for any reason, including without limitation, unavailability of stock of YourFurniture Branded Goods.
Exchanges/returns may be made within 7 business days from the date of purchase provided the YourFurniture Branded Goods are in unopened original condition with sales tag (if applicable) attached.
In accordance with the Consumer Protection (Fair Trading) Act (Chapter 52A), YourFurniture however reserves the right in the case of exchanges/returns, to prove (or, if the breach appears more than 6 months after delivery, require you to disprove) that the YourFurniture Branded Goods s were of satisfactory quality and otherwise complied with the terms of purchase at the time of delivery.
6.2 Purchases made via the Site with Retail Merchants
All sales made via the Site with Retail Merchants for the Retail Merchant’s Goods shall be subject to the respective cancellation/refund, exchanges/return policies of the Merchants as per their respective Retail Merchant information and product listing page. Where the policy on the Retail Merchant information page differs from the policy on their product listing page, the product listing page shall prevail.
7. RISK OF LOSS
Title to the Goods shall only pass upon full payment of the Price. Risk of loss of or damage to, Goods purchased shall however pass to you upon delivery of the purchased Goods to you.
8. PRODUCT WARRANTY
8.1 YourFurniture Branded Goods
With respect to YourFurniture branded Goods, we make no warranties except those stated in the YourFurniture warranty card supplied with the YourFurniture Branded Goods, or in the case of any extended warranty issued by us, such extended warranty documentation, for which provisions, terms and conditions are incorporated herein by reference. Such warranty does not cover software purchased hereunder. You hereby agree to refer to the relevant software license for the warranties which apply to the relevant software.
8.2 Retail Merchant’s Goods
With respect to the Retail Merchant’s Goods, Retail Merchant’s Goods are supplied and sold on an “as is where is” basis, unless the Retail Merchant has issued a warranty in respect of such Goods, in which case such Goods are supplied and sold with the warranties issued and granted by the Retail Merchant. You hereby agree to look solely to Retail Merchant for any claims related to such warranties.
9. PRODUCT DISPLAY/COLORS
YourFurniture attempts to display product images of the Goods shown on the Site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Where there are accessories or furnishings included in the product image, they are used purely for illustration purposes and will not be included in the sale of the Goods.
10. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, does not infringe upon intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or any other matter. You acknowledge that and agree that YourFurniture does not control the content and is not obliged to regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant YourFurniture a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant YourFurniture and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights including intellectual property rights or has obtained the requisite rights, consents and permissions to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy, breach any intellectual property rights, third party rights or any applicable laws or regulations and will not cause injury to any person or entity; and that you will indemnify YourFurniture for all claims resulting (whether directly or indirectly) from content you supply to the Site.
YourFurniture has the right but not the obligation to monitor and edit or remove any activity or content due to breach of the Terms and Conditions, abuse of the services, receipt of complaint of possible infringement of third party intellectual property rights, property rights, privacy concerns and for compliance with applicable laws. As such, YourFurniture does not guarantee the accuracy, integrity or quality of the content.
YourFurniture takes no responsibility and assumes no liability for any content posted by you or any third party. It is your responsibility to abide by all applicable local, state, national and foreign laws, treaties and regulations applicable to you in connection with use of our services. You are solely responsible for your own actions when using the Site, our services and the costs incurred for internet access. YourFurniture may, without notice to you, access, preserve and disclose the content if required by law or if our reasonable judgement such action is reasonably necessary to comply with your requests for assistance with our services, comply with legal process or address claims from third parties that the content infringes their rights.
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Please contact us directly.
11. REPRESENTATION, WARRANTY AND UNDERTAKING
You represent, warrant and undertake that:
(a) You are of 18 years or above and legally entitled to enter into legally binding contracts or that you are accessing the Site with the approval and under the supervision of one of your parents or a legal guardian;
(b) All information which you have provided to us for registration is true correct and accurate and that you will promptly inform us of any change by updating the details in your account;
(c) You have obtained all necessary right, power and authority to enter into the Agreement and to perform the acts required of you under the Agreement;
(d) You own or otherwise have the right to use, post, and disclose the content and that the use of such content will not infringe any of the rights of any third party, including without limitation to intellectual property rights pursuant to applicable laws (and hereby grant us the right to use, reproduce, display, perform, adapt, modify, distribute and have the content distributed);
(e) You will not harass or cause distress or inconvenience to any person via the transmission of obscene or offensive content;
(f) You will not disrupt the normal flow of any access to, or use of our services;
(g) You agree to comply with all local rules regarding online conduct and acceptable content; and
(h) You will comply with all applicable laws regarding the transmission of technical data exported from United States or the country in which you reside.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 Right to Download
The Site is created, operated and controlled by YourFurniture. You are granted a non-exclusive, non-transferable and revocable licence to access the Site and use our services. You may only download Content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content of the Site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of YourFurniture. It is strictly prohibited to download the product images of the Goods for sale within this Site. In the event of breach, we shall be entitled to suspend or terminate your account with us and bring necessary legal action against you to recover any loss or damage arising from such breach.
12.2 Proprietary Rights
All content found on the Site or used in the provision of our services, including without limitation to logos, design, drawings, trade names, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material of whatever nature and form (collectively “Content”) is protected by copyright, trademark, patent, design, industrial property or other proprietary intellectual property rights, and these rights are validly owned by YourFurniture or its licensors and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the Republic of Singapore and international copyright laws, and YourFurniture owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
The YourFurniture logo, trade names and other trademarks on the Site are owned by, licensed to, or, where required, used with permission by YourFurniture and its licensors may not be reproduced, copied, or manipulated in any manner without the express, written approval of the relevant trademark owner.
By using the Site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to YourFurniture or any other third party using the Site is non-confidential. By submitting any solicited or unsolicited information using the Site, you grant YourFurniture an irrevocable, worldwide, unrestricted and perpetual license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
Save as otherwise expressly provided herein, any rights not expressly granted to you herein remain reserved by us. Any unauthorized use of the Content or other materials in respect thereof is expressly prohibited and constitutes infringement of intellectual property rights. You acknowledge that upon occurrence of such infringement, as monetary damages may not be an adequate remedy, that you agree that we are entitled to apply to court for the appropriate permanent or temporary injunctive relief to stop such breach or further breaches. This is without prejudice to our right to recover damages arising from such breach or to avail us of any other remedy at law or in equity. For the purposes of the Terms and Conditions, a breach of intellectual property rights is a material breach of the Terms and Conditions entitling us to suspend or terminate your account.
13. LINKS TO THIRD-PARTY WEB SITES
The Site contains links to other sites operated by third-parties, including but not limited to third-party sites that display the YourFurniture trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. We do not have control over such Third-Party Site and you access such Third-Party Site as your own risk.
YourFurniture does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. YourFurniture makes no representation or warranty as to any products or services offered on any Third-Party Site. YourFurniture is therefore not liable for any loss or damage (direct or indirect) of any kind or nature arising out of or related to or incurred in reliance upon any such interactions, links, resources or content.
14.1 Confidentiality of Account and password
If you use the Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. The Site may only be used for lawful purposes. If your User name and/or password have been compromised, you are to immediately change your password and notify us of any unauthorized access. You also agree to immediately notify us of any of any attempted or actual unauthorized access or use of our services by third parties and/or any other breaches of security. You acknowledge and agree that we will not be in any way, liable, directly or indirectly, for any loss or damages arising from such unauthorized use or any acts or omissions on your part in maintaining the confidentiality of your account and password.
14.2 Technical Processing and Transmission of Electronic Communications
You acknowledge that the technical processing and transmission of electronic communications is necessary for your use of our services. You consent to our interception and storage of electronic communications and/or your data and acknowledge that your electronic communications will involve transmission over the Internet, and over various networks, some of which may not be owned and/or operated by us.
You further acknowledge that changes to your electronic communications may occur so as to conform and adapt such data to the technical requirements of connecting networks and devices. You also acknowledge that such electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. As such, we are not liable for any electronic communication and/or data which are lost, altered, intercepted or stored without authorization during such transmission whatsoever across networks not owned and/or operated by us.
14.3 Prohibited Activities
You are prohibited from violating or attempting to violate the security of YourFurniture, including, without limitation to carrying out any of the following prohibited activities as they infringe upon the intellectual property rights or other rights of third parties, are defamatory, illegal or may otherwise harm our goodwill, and reputation:
(a) accessing data not intended for such User or logging onto a server or an account which the User is not authorised to access or accessing illegally or without authorization, the computers or networks belonging to another party, or attempting to hack into another individual’s account or any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity); or
(b) using the Site for unintended purposes or trying to change the behavior of the Site;
(c) attempting to probe scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
(d) attempting to interfere with service to any User, host or network, including without limitation via means of submitting a virus, worms, Trojan horses to the Site, overloading, “pinging”, “flooding,” “spamming,” “mailbombing”, “denial or service attacks” or “crashing;” or activities that disrupt the use of or interfere with the ability of third parties to effectively use the network or any connected network, system, service, or equipment; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
(f) forging communications on behalf of the Site (impersonating YourFurniture) or to the Site (impersonating as a legitimate User) or forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message; or
(g) sending unsolicited bulk and/or unauthorized commercial messages or e-mail on behalf of YourFurniture, including promotions and/or advertising of products or services, is expressly prohibited; or
(h) engaging in any activity that infringes upon or misappropriates the copyright, trade marks, patents, design or any intellectual property rights of third parties whatsoever; or
(i) engaging in activity that infringes upon the privacy or other personal rights of third parties; or
(j) using the Site to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material; or
(k) using the Site to transmit or post defamatory, harassing, abusive, or threatening language or promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals; or
(l) advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software; or (n) exporting encryption software over the Internet or otherwise; or
(m) engaging in activities that are illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software or; promoting or providing instructional information about illegal activities; or
(n) offering for sale any item, goods or services that breaches any applicable laws or regulations; or
(o) any attempts to decompile, reverse engineer, disassemble, modify or hack the Site or its application; or
(p) using the Site as a forwarding service to another website thereby promoting the Site with inappropriate links, titles or descriptions; or
(q) engaging in activities, whether lawful or unlawful, that we determine to be harmful to our Users, operations, reputation, goodwill, or customer relations.
Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents or interfaces provided by YourFurniture or generally publicly available browsers.
14.4 Fraud Protection and Compliance with Law
We may disclose information, including personally identifiable information, with other companies and organisations for credit fraud protection and risk reduction in accordance with applicable laws. We may also disclose any information, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. In cases of fraud, the proper authorities will be informed and legal action will be taken.
14.5 Data Security
16. DISCLAIMERS AND EXCLUSIONS
16.1 Exclusion of warranties
To the extent permitted by applicable laws, the Terms and Conditions set out the full extent of our obligations and liabilities in respect of provision of the Goods and performance of our services in relation thereto and there are no other warranties, conditions or terms that are binding on us, our affiliates, subsidiaries, licensors, Retail Merchants, third party content providers, designers, contractors, distributors or each of the respective officers, directors, agents, employees of the aforesaid parties (collectively, “Associates”) except as expressly stated herein. Any warranty, condition or term concerning any defect in our services and the Goods which might otherwise be implied or incorporated in the Terms and Conditions by statute, common law or otherwise is hereby expressly excluded to the maximum extent permitted by applicable laws; in particular (but without limitation of the foregoing), we grant no warranties (other than as provided set out above) regarding the fitness for purpose, performance, use, quality or merchantability, title, non-infringement, whether express or implied, by statute at common law or otherwise howsoever in respect of the Goods.
By using the Site, you expressly agree that use of the Site is at your sole risk. The Site is provided on an “AS IS” and “as available” basis. Neither YourFurniture nor its Associates warrant that use of the Site will meet your requirements or will be timely, secure or operate in an uninterrupted fashion or be error-free. Neither YourFurniture nor its Associates warrant the accuracy, reliability, integrity, usefulness or completeness of the Content provided on the YourFurniture or the Goods offered for sale on the YourFurniture and that all errors will be corrected. Further, YourFurniture makes no representation that Content provided on the YourFurniture is applicable to, or appropriate for use in, locations outside of the Republic of Singapore. YourFurniture and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by YourFurniture or its Associates shall create a warranty. Any information and materials obtained via our services shall be solely at your risk and you will be solely responsible for any damage to your computer, systems or otherwise or loss of data that results from anything obtained via the services. You also understand if you downgrade features relating to your account, you may lose portions of your content and agree that we will have no liability to you of any kind or nature arising out of or related to loss of your content.
16.2 Exclusion and Limitation of Liability
To the maximum extent permitted by applicable laws, YourFurniture and its Associates shall not be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential loss and damages whatsoever and howsoever caused arising from this Agreement or that result from your access, use of or inability to use the Site, its Content and services, any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus or otherwise including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance or for any loss of data, profit, revenue, income or business, whatsoever and howsoever caused whether arising out of any negligence (with the exception of death or personal injury directly resulting from our own negligence) or breach of these terms and conditions even if such loss and damage was foreseeable by or the possibility was brought to the attention of YourFurniture. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of YourFurniture has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this exclusion of liability shall apply to all content, merchandise and services available through the Site. To the maximum extent permitted by applicable laws, in the event that we are liable for any loss, damage or claim to you or any third party caused by our act, omission, default or neglect, our liability shall not exceed 100% of the Price for the affected sale transaction for which loss, damage and claim are raised thereunder. Such limitation does not however apply to the case of death or personal injury directly resulting from our own negligence.
Notwithstanding the foregoing, nothing in the Terms and Conditions (a) excludes, restricts or modifies any condition, warranty, right or liability implied into the Terms and Conditions (including any condition, warranty, right or liability imposed by the Unfair Contracts Terms Act (Cap. 396)) where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury directly caused by our negligence.
17. ENTIRE AGREEMENT
The Terms and Conditions together with your Sales Order and the Sales Confirmation constitute the entire agreement between us and you in relation to your purchase of the Goods and supersede any and all statements or other agreements (oral or written) between you and us.
18. TERMINATION OF USE
You may also cancel your use of our services at any time following the instructions located at My Account page found on the Site. Termination will be immediate and result in irreversible deletion of all account data.
YourFurniture may, in its sole discretion, suspend, block access, delete the content, suspend or terminate your right to use our services or terminate your account or your use of the Site anytime without notice and for any reason including without limitation to the following instances:
(a) When your supplied information is proven or suspected to be untrue, inaccurate, falsified or incomplete; or
(b) You infringe or YourFurniture suspects that you are infringing upon our intellectual property rights; or
(c) You infringe or YourFurniture suspects that you are infringing upon the intellectual property rights or other rights of third parties or; or
(d) You breach your confidentiality obligations in respect of your password; or
(e) pursuant to requests or directives by law enforcement, government, statutory or regulatory body or authority or for complying with applicable laws pursuant to a court order or directive of any government, statutory or regulatory body or authority; or
(f) Due to security and technical issues or problems; or
(g) When there is non-payment of the Price for Goods purchased by you; or
(h) When you are engaged in or YourFurniture suspects that you are engaged in any illegal activity or one of the prohibited activities described herein; or
(i) If you tamper with the Site, misrepresent the identity of a User, use buying agents to resell or conduct fraudulent activities on the Site; or
(j) Due to discontinuation of service offerings in respect of the Goods; or
(k) Due to extended periods of your account inactivity; or
(l) Your breach of any other material term of the Terms and Conditions.
In the event of suspension or termination of your account, we shall not be held liable for any loss or damage which you may suffer as a result of such suspension or termination, including without limitation to loss of data, loss of use of our services or for deletion or loss of the content. Upon termination, we shall have no obligation to grant you access to or use of our services. Termination of your account for whatever reason shall however not prejudice or impair any antecedent right or obligation of parties that accrued prior to termination. You are personally liable for any orders that you place or charges that you incur prior to termination. YourFurniture reserve the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
You shall not assign nor transfer your obligations under this Agreement without the prior written consent of YourFurniture. YourFurniture is however free to assign or transfer this Agreement to any third party. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of parties.
20. FORCE MAJEURE
Neither party will be liable for any delay or failure to perform its obligations pursuant to this Agreement as a result of any cause beyond its reasonable control; including but not limited to acts of God, unusually severe weather, destruction by fire or flood, power failure, interruption or failure of electricity and power, malfunction or damage to computer systems, acts of governments, acts of terrorism, hostilities between nations, war, strikes, boycotts, lockouts, industrial and labour dispute, infectious diseases, epidemics as well as travel restrictions due to such events provided that such performance shall be excused only to the extent of and during such disability. If such delay or failure continues for at least ninety (90) days, either party will be entitled to terminate this Agreement by notice in writing.
Unless otherwise expressly stated in the Terms and Conditions, notices under the Terms and Conditions shall be in writing and may be delivered by hand, or by ordinary or registered mail or by facsimile or by electronic mail to the addresses last made known by one party to the other party. Notice will be deemed given: (a) in the case of hand delivery or registered mail, upon written acknowledgement of receipt by an officer or other duly authorized employee, agent or representative of the receiving party; (b) in the case of ordinary mail, forty-eight (48) hours after posting; (c) in the case of facsimile, at the time stated in the printout of the facsimile transmission report; and (d) in the case of electronic mail, at the time when the mail was sent and stored in the information system of the sender.
Any waiver of any right or consent given under this Agreement is only effective if it is in writing and signed by the waiving or consenting party. It shall apply only in the circumstances for which it is given and shall not prevent the party giving it from subsequently relying on the relevant provision. No delay or failure to exercise any right under this Agreement shall operate as a waiver of that right. No single or partial exercise of any right under this Agreement shall prevent any further exercise of that right (or any other right under this Agreement).
No remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties shall not constitute a waiver by such party of the right to pursue any other available remedies.
Provisions of this Agreement which either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination shall remain in full force and effect notwithstanding such termination.
25. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP. 53B)
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of the Terms and Conditions.
26. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the law of Singapore without giving effect to any principles or conflicts of laws. Both parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Singapore courts.