0 Items

TERMS & CONDITION

Website Terms of Service

 

 

1. Agreement and acceptance

 

1.1. The following terms and conditions (the “Terms of Service”) govern your access to and use of the Aisiqa website, including any content, functionality, and services (the “Content”) offered on or through www.aisiqa.com (the “Site”) by Aisiqa Pte Ltd (“we”, “us”, “AISIQA”).

1.2. Please read the Terms of Service carefully before you start to use the Site. By accessing or using the Site in any manner, you accept and agree to be bound and to abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

1.3. The Site is controlled and offered by AISIQA from Singapore. We make no representations that the Site, the Content, or its associated products and services are appropriate or available for use in other locations. Those who access or use the Site from outside Singapore do so at their own volition and are responsible for compliance with applicable local laws.

1.4. This Site is offered and available to Users who are 18 years of age or older. If you are under 18, you must not use this Site or place any Orders except with the involvement of a parent or guardian. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1.5. We reserve the right, at our discretion, to update or revise these Terms of Service from time to time without notice to you. Please check these terms periodically for changes. Your continued use of the Site or of AISIQA services following the posting of any changes to these Terms of Service constitutes acceptance of any such changes.

 

 

 

 

2. Definitions

 

2.1. The following words used in these Terms of Service have the following meanings, except where the context clearly requires otherwise:

 

Account” means the AISIQA Account that you will need to register for on the Site if you would like to submit an Order on the Site;

 “Business Day” means a day other than a Saturday or Sunday, or a public holiday in Singapore;

 “Contract” means your Order in accordance with the Terms and Conditions herein which AISIQA has accepted in accordance with Clause 6.3;

 “Customer” means an individual who places an Order on the Site;

 “Order” means the Order submitted by you to the Site to purchase a Product from us;

 Order Confirmation” means our email to you, in which we acknowledge your Order in accordance with Clause 6.4; and

 Product” any product or service made available by AISIQA for sale through the Site; and

 User” means you, a person who accesses or uses the Site, including but not limited to Customers.

 

3. Accounts

 

3.1. In using the Site, you may register for an account. Registration is free. You are entirely responsible for safeguarding and maintaining the confidentiality of your account, your username, and your password. You authorise AISIQA to assume that any person using the Site with your username and password is either you or authorised to act for you. You further agree not to use any username or password of another user of the Site that you are not authorised to use, and not to allow others who are not authorised to do so to use your account at any time.

3.2. When registering an account on the Site, you represent and warrant that all registration information you submit is accurate, truthful, complete, and lawful. You further warrant that you will maintain the accuracy of such information and update the information as and when necessary.

3.3. You may terminate your account with us at any time. Notwithstanding termination of your account, you remain liable for any and all outstanding fees and other amounts owing as at the time of termination. We may at our absolute discretion restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) or terminate use of your account with or without cause (including, but not limited to, breach of any of these Terms of Service) and with or without notice. Without prejudice to the foregoing, we will use commercially reasonable endeavours to notify you prior to any termination or suspension.

 

 

4. Terms of sale

 

4.1. The information set out in the Site does not constitute an offer for sale but rather an invitation to treat. 

4.2. To submit an Order, you must follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.  For the avoidance of doubt, the Order Confirmation does not constitute a Contract for sale or purchase of the relevant Products. No contract in respect of any Product shall exist between you and AISIQA until AISIQA has delivered the Product to your address.  

4.3. Where applicable, prices are inclusive of GST and are in Singapore Dollars. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed before checkout and will be included in the “Total”.

4.4. AISIQA uses reasonable efforts to ensure that all details, descriptions and prices which appear on the Site are accurate. However, there may be instances of errors. If we discover an error in the price of any Product which you have ordered, we will inform you of this as soon as practicable, and will give you the option of either reconfirming your Order at the correct price or cancelling the Order. If AISIQA is, for any reason, unable to contact you within a time which is reasonable in its opinion, it will treat the Order as cancelled. If you cancel your Order before it is delivered to you, and you have already paid for your Order, you will receive a full refund.

4.5. AISIQA is under no obligation to fulfil your Order if the price or any other information listed on the Site is incorrect, even after your Order has been acknowledged by us and/or in an Order Confirmation has been issued to you.

4.6. You can pay using any of the payment methods listed on the Site, and shall comply with the terms and conditions for each of the methods you elect to use.

4.7. AISIQA reserves the right to withdraw any Product from the Site at any time and/or remove or edit any materials or content on the Site, sometimes even after it has sent you an Order Confirmation. If AISIQA cancels your Order after you have already made payment for your Order, the payment amounts will be refunded to you.

4.8. For the avoidance of doubt, you irrevocably acknowledge that AISIQA will not be liable to you or any other third party by reason of its withdrawal of any Product from the Site.

 

 

5. Delivery

 

5.1. AISIQA aims but does not undertake to deliver the Products in your Order to you at the place of delivery requested by you in your Order and the delivery time indicated by at the time of your order checkout as updated in the Order Confirmation. All times of delivery are merely estimates and shall not be of the essence of this Agreement. AISIQA shall not be liable to you or any third party for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

5.2. Products will be delivered in standard packaging.

5.3. All risks in the Products shall pass to you upon the commencement of dispatch, except that, where delivery is delayed due to a breach of your obligations herein, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, AISIQA will not be liable for loss or damage to the Product.

5.4. If delivery or collection is delayed through your refusal or inability to accept delivery or if you do not (within two weeks of the first attempt to deliver the Products to you) accept delivery or collect the Products from the carrier, AISIQA may, without prejudice to any other right or remedy available to it, do either or both of the following:

5.5. charge you for any fee and other costs reasonably incurred by it; and/or

5.6. no longer make the Product available for delivery or collection by you. 

5.7. If you wish to cancel any Order please contact AISIQA in writing. Once an Order has been dispatched it may not be cancelled.

 

 

6. Faulty products

 

6.1. All Product descriptions, information and materials posted on the Site are provided ‘as is’ and without express or implied warranties howsoever arising.

6.2. The images of a Product as seen on the Site may differ from the actual Product that you receive.

6.3. If the item you receive is faulty, please contact AISIQA in writing and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement. In such instances, you undertake to be able to provide the documents delivered with the Product, upon request.

6.4. Upon receipt of the returned Product(s), AISIQA will examine it and will advise you on your right to a replacement or refund (if any) via email as soon as practicable. Such determinations made by AISIQA at its reasonable discretion are final.

6.5. In the event the Product returned is not faulty, AISIQA may at its discretion decide not to repair, replace or refund you for the Product and/or may require you to pay all reasonable carriage costs and servicing costs at current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided when you made your Order, and, to the extent permitted by law, Aisiqa shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

 

 

7. Acceptable use and conduct

 

7.1. You are solely responsible for your conduct and your data related to the Site. You agree to indemnify AISIQA from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Site, or your violation of these Terms of Service.

7.2. Use of the Site must be in compliance with all applicable laws, rules and regulations and must not infringe third party rights.

7.3. The following acts and behaviour are not permitted in connection with the use or access of the Site and its associated services: 

 (a) uploading, offering, soliciting, or purchasing any product or services in inappropriate categories, including but not limited to adult-oriented services or pornography.

 (b) using inappropriate behaviour or language, including but not limited to bullying, harassment, abusive language and hate speech. 

 (c) using the Site for any unlawful purpose or to conduct illegal activity.

 

 

 

8. Intellectual property

 

8.1. All Content and technology available on or underlying the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, audio visual content, data compilations, scripts, photograph, interactive features and software, and the intellectual property rights in and to such Content, is owned by or licensed to us, and is protected by and subject to copyright and other intellectual property rights laws, international conventions and treaties around the world. Except as set forth in the limited licence in clause 9 below, neither the Site, nor any portion of the Site or any Content may be used, reproduced, duplicated, copied, sold or otherwise exploited for any purpose without our prior written consent. All such rights are reserved.

8.2. The trade dress of the Site, trade marks, logos, and service marks displayed on the Site (collectively the “Trade Marks“) are registered and unregistered marks owned by us or our licensors. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Trade Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Trade Marks.

 

 

9. Limited licence

 

9.1. We grant you a limited, revocable and non-exclusive licence to access and make personal use of this Site. You may not frame or utilise framing techniques to enclose the Site or any portion thereof without our prior written consent. The limited licence set forth in this clause 9 does not include the right to:

(a) modify or download the Site or any part of its Content (except caching);

(b) make any use of the Site or any part of its Content other than for personal use;

(c) create any derivative work based upon either the Site or any part of its Content;

(d). sell, copy, reproduce, distribute, transmit, broadcast, alter, modify or adapt any part of the Site and/or the Content in any medium or format without our prior written consent;

(e) use any metatags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or 

(f) use web robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

9.2. Any unauthorised use by you of the Site terminates the limited licence set forth in this Clause. 

9.3. Upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Content from your premises, computer system or other forms of storage (whether physical or electronic) and databases.

 

 

10. Removal of content

 

10.1. If you are an intellectual property rights owner or an agent thereof and believe that any Content infringes upon your copyright or other intellectual property rights, you may submit a notification providing us with the following information in writing:

 

 (a) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to   be disabled and information reasonably sufficient to enable us to locate the material; 

 (b) identification of the owner, or the person authorised to act on behalf of the owner, of the exclusive right that is allegedly infringed; 

 (c) your name, address, telephone and facsimile number, and e-mail address;

 (d) a statement that you have a good faith belief that the submission, uploading, posting, transmission or use of the material in the manner complained of is not authorised by the copyright or intellectual property owner, his/her/its agent, or the law; and

 (e) a statement that the information in the notification is true and accurate to the best of your knowledge. 

10.2. Upon receipt of the above mentioned specified information, we will take such appropriate measures as we think fit including but not limited to contacting you for more information to verify any alleged infringement, removing such allegedly infringing Content and/or suspending or terminating the access to the Site by any user allegedly infringing any rights.

 

11. Privacy

 

11.1. AISIQA’S privacy policy can be found here, https://www.aisiqa.com/privacy-policies/ and is incorporated into these Terms of Service by reference. 

 

 

 

12. Warranty and disclaimer

 

12.1. You agree that your use of the Site and its content shall be at your sole risk. To the fullest extent permitted by law, we (and/or our related entities), our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. We make no warranties or representations or guarantees about the accuracy or completeness of the Site’s content or the content of any sites linked to this site and assume no liability or responsibility for any:

 (a) errors, mistakes, or inaccuracies of content;

(b) death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site or inability to access or use the Site;

(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(d) any interruption or cessation of transmission to or from the Site, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site;

(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or

(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, e-mailed, transmitted, or otherwise made available via the Site.

 

 

13. Limitation of liability 

 

13.1. In no event shall we (and/or our related entities), our officers, directors, employees, or agents, be liable to you for any damages howsoever resulting from any:

(a) errors, mistakes, or inaccuracies of content;

(b) death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;

(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(d) any interruption or cessation of transmission to or from the Site, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site;

(e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by any third party; and/or

(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content uploaded, posted, e-mailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.

13.2. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable laws. 

 

 

14. Indemnity

 

14.1. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from: 

(a) your use of and access to our Site; 

(b) your violation of any term of these Terms of Service; or

(c) your violation of any third party right, including without limitation any intellectual property, property, or privacy right.

 

This clause will survive these Terms of Service and your use of our Site.

 

 

15. General

 

15.1. These Terms of Service, together with our Privacy Policy and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning the Site and our associated services.

15.2. The headings and section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

15.3.These Terms of Service operate to the fullest extent permissible by law. If any provision of these Terms of Service is unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

15.4. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or waiver.

15.5. No third party shall have any right pursuant to the Contract (Rights of Third Parties) Act (Cap 53B) to enforce any of the above terms and conditions

 

 

16. Assignment

 

16.1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.

 

 

17. Governing law

 

17.1. These Terms of Service shall be governed by and construed in accordance with the laws of Singapore, and any dispute or claim arising out of or in connection with them shall be subject to the non-exclusive jurisdiction of the courts of Singapore.