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PLEASE READ THESE TERMS & CONDITIONS FOR USERS BEFORE PROCEEDING FURTHER. BY ACCESSING THE WEBSITE (AS DEFINED BELOW), UTILISING THE SERVICE (AS DEFINED BELOW) OR ORDERING ANY PRODUCTS (AS DEFINED BELOW), YOU ARE CONSENTING TO BE BOUND BY AND BECOMING PARTY TO A LEGALLY BINDING CONTRACT BETWEEN (i) YOURSELF; AND (ii) Eu Yan Sang Marketing Pte Ltd (Company registration no 199101909M ), THAT IS GOVERNED BY THESE TERMS & CONDITIONS FOR USERS.
These Terms & Conditions for Users form part of the Contract (as defined below) between Eu Yan Sang Marketing Pte Ltd (also referred to as “EU YAN SANG”) and you. You are referred to as the “User” in these Terms & Conditions for Users. .
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms & Conditions for Users, the following words and expressions shall have the following meanings:
“Application Form” means the application or application form on the Website, that a User completes and/or submits on the Website to register to access and utilise the Service.
“Catalogue” means the catalogue on the Website listing the Products that are available for sale on the Website.
“Changes” means any addition, deletion, modification or alteration to the Service, the manner in which the Service is provided, or the performance standards of the Service, as determined by EU YAN SANG from time to time.
“Charges” means any charges payable by the User for Products purchased from the Website.
“Confirmation of Order” means EU YAN SANG’s acknowledgement of the User’s Order, which may be by way of a message on the Website and/or an email sent to the User’s specified email address.
“Content” includes text, images, graphics, music, software, audio, video, information or other materials.
“EU YAN SANG” means EU YAN SANG GLOBAL PTE LTD (Company Registration No.199101909M), a Singapore incorporated company.
“External Advertisement” means advertisements placed or posted on the Website by third parties or originating from third parties, other than EU YAN SANG.
“Terms & Conditions for Users” means these terms and conditions for Users prescribed by EU YAN SANG with respect to the provision by it of the Service and that may be posted by EU YAN SANG on its Website, including any revised or amended version of the same as issued by EU YAN SANG from time to time and that may be posted on the Website. Such revised or amended version of the same shall apply to the User and the User is deemed to have accepted the same, from the time it is published on the Website.
“GST” means prevailing tax imposed under the Goods and Services Tax Act (Chapter 117A) of Singapore (the “GST Act”).
“Intellectual Property Rights” means all vested, contingent and future intellectual property rights including but not limited to goodwill, reputation, rights in confidential information, copyright, trademarks, logos, service marks, devices, plans, models, diagrams, specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights, in each case whether registered or unregistered, and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world, whether now known or in the future created.
“User” means any individual who applies or subscribes for or utilises the Service and/or the Website.
“User’s Content” means Content posted, uploaded, published, submitted or otherwise made available by the User through the Website, including but not limited to information, suggestions, ideas, concepts, know-how, reviews, techniques, questions, comments and testimonials, and the Contents therein.
“User’s Information” means all information which EU YAN SANG obtains, and any other information, and data provided by the User to EU YAN SANG, whether relating to himself/itself or otherwise, as a result of the User’s use of the Service.
“Order” means the order submitted by the User on the Website to purchase Products.
“Party” means either EU YAN SANG or the User as the case may be, and “Parties” means both EU YAN SANG and the User.
“Product Information” means the information and write up on the Products, as set out on the Website.
“Products” means the products, goods or items listed in the Catalogue.
“Related Corporation” has the meaning ascribed to it in Section 6 of the Companies Act (Chapter 50) of Singapore (and “Related Corporations” shall be construed accordingly).
“Return Policy” means the return policy relating to the purchase of Products by Users, as set out by EU YAN SANG on the Website.
“Service” means a service provided by EU YAN SANG whereby EU YAN SANG provides an online platform that allows Users to access, browse and/or search the Catalogue and purchase Products; post and submit reviews, questions, comments and/or testimonials on Products;, and/or any other activities as determined by EU YAN SANG at its absolute discretion, in accordance to the terms hereof. Further details, if any, of the Service, may be set out by EU YAN SANG on the Website.
“Website” means such Internet website(s) owned or controlled by EU YAN SANG, on which EU YAN SANG shall provide the Service, namely www.EuYanSang.com-
“Working Day” means any day which is not a Saturday, Sunday or a public holiday in Singapore.
1.2. Unless the contrary intention appears:
(a) A reference to these Terms & Conditions for Users or another instrument includes any variation or replacement of any of them;
(b) A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(c) The singular includes the plural and vice versa;
(d) The word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
(e) If a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(f) A reference to a day is to be interpreted as the period of time commencing at midnight and ending twenty-four (24) hours later;
(g) A reference to a time is a reference to GMT +8:00;
(h) A reference to anything (including, without limitation, any amount) is a reference to the whole and each part of it and a reference to a group of persons is a reference to all of them collectively, to any two or more of them collectively and to each of them individually;
(i) The words “including”, “for example” or “such as” are not used as, or to be interpreted as a word of limitation, and do not limit the meaning of the words to which the example relates to that example or example of a similar kind;
(j) No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Terms & Conditions for Users or any part of it; and
(k) Headings are inserted for convenience and do not affect the interpretation of these Terms & Conditions for Users.
(a) the User acknowledges that the Internet or the systems, servers, and equipment through which the Service is provided may from time to time be inoperative in full or in part as a consequence of but not limited to (i) mechanical breakdown, maintenance (whether emergency, scheduled or otherwise), hardware or software upgrades, telecommunication connectivity problems; or (ii) other factors beyond the control of EU YAN SANG; and
(b) EU YAN SANG shall not be liable in any way whatsoever for its failure or inability to provide the Service or to provide continuous, error free, uninterrupted Service, whether under the abovementioned or any other circumstances.
(a) inserting and publishing any statements on the Website introducing the User’s Content, or in taking such steps as EU YAN SANG deems necessary or appropriate in making clear to viewers of the Website as to the non-endorsement by EU YAN SANG of the statements or information in the User’s Content including but not limited to inserting and publishing any statements on the Website disassociating itself from any User’s Content or the User, or making clear that EU YAN SANG does not endorse the statements or information set out in the User’s Content; and/or
(a) EU YAN SANG cannot and does not control or verify any External Advertisements, Product Information, the Content contained in any External Advertisements and/or Product Information and the condition, legality or suitability of any Products;
(b) EU YAN SANG does not warrant that the External Advertisements, Product Information or any contents therein contain accurate information;
(c) the External Advertisements, Product Information and contents therein are provided on an “as is” basis with no warranties whatsoever by EU YAN SANG, and the User fully assumes its own risk in relying on the External Advertisements, Product Information and contents therein;
(d) EU YAN SANG is not responsible for and shall not be liable in any way whatsoever to the User for:
(i) any External Advertisements including the content thereof; and/or
(ii) any loss or damage incurred or suffered or that may be incurred or suffered by the User arising from, connected with or related to any Products and/or External Advertisements; and
(e) in entering into any transaction for Products, it has made or will be relying on the User’s own independent assessment and it has not relied in any way whatsoever on any representations (if any), acts or omissions of EU YAN SANG in this respect, and the User undertakes that it shall make no claim and take no action whatsoever against EU YAN SANG arising from, relating to or connected with any of the foregoing. The User further acknowledges and agrees that any transaction it enters into with EU YAN SANG and/or any other third parties will be wholly made at the User’s own risk.
(a) the User is at least 18 years of age;
(b) the User possesses the legal authority to create a legally binding obligation between itself and EU YAN SANG;
(c) if the User is an individual and is creating an account for a corporate/business entity, that the User is agent for and acts on behalf of the corporate/business entity and that it has the legal authority to create a legally binding obligation between EU YAN SANG and the said corporate/business entity.
(d) the User will use the Service in accordance with these Terms & Conditions for Users;
(e) all information supplied by the User in the Application Form, on the Website is true, accurate, current and complete during the registration process and the User shall update such information to keep it accurate, current and complete; and
(f) the User shall safeguard his account information, including but not limited to his/its password which he/it shall not disclose to any third party. The User shall take sole responsibility for any activities or actions under his/its EU YAN SANG account, whether or not he/it has authorised such activities or actions
(a) charge the User for EU YAN SANG’s reasonable storage fee and other costs reasonably incurred by EU YAN SANG arising out of or in connection with the User’s unreasonable refusal to accept delivery; and/or
(b) no longer make the purchased Product available for delivery and notify the User that the applicable contract is cancelled, in which case EU YAN SANG will refund to the User the applicable Charges (less any reasonable administrative fees or other costs as provided in Clause 6.7(a).
(a) are not of a quality or condition suitable for processing based on EU YAN SANG’s prevailing standard specifications and procedures applicable for the same;
(b) do not comply with EU YAN SANG’s applicable standards and procedures;
(c) are otherwise not in proper machine-readable form; or
(d) contain any material that EU YAN SANG deems at its absolute discretion, to:
(i) have breached any terms and conditions of the Contract;
(ii) likely to subject EU YAN SANG to unfavourable regulatory or statutory action;
(iii) contravene or likely to contravene any law;
(iv) infringe or likely to infringe the rights of any persons; or
(v) subject or likely to subject EU YAN SANG to liability for any reason whatsoever.
(a) the User’s Content; or
(b) the Service,
would cause EU YAN SANG to be in breach of any laws or regulatory requirements or guidance to which it is subject, EU YAN SANG shall be entitled to immediately suspend the Service and/or remove the User’s Content from the Website, without incurring any liability to the User whatsoever. In the event of the aforesaid happening, EU YAN SANG has the right to immediately terminate the Contract without incurring any liability to the User whatsoever.
(a) violate any laws, rules, regulations or any order of a court;
(b) use the Website or Service for any other purposes that are not expressly permitted by the Contract;
(c) infringe the rights of any person or entity, including but not limited to, their Intellectual Property Rights, privacy, or contractual rights;
(d) use the Website to distribute unsolicited emails, advertisements, messages, or any other form of spam;
(e) harass or stalk any other user of the Website or Service;
(f) collect or store any personally identifiable information about any other user in violation of applicable laws;
(g) register for more than one EU YAN SANG account;
(h) use any information acquired through the use of the Website and/or Service for any other purpose, whether lawful or unlawful;
(i) impersonate any person or entity, or otherwise misrepresent himself as another person or entity;
(j) use the Service and Website (including the forum and/or blog) for any unlawful purpose;
(k) make any misrepresentations when using the Service;
(l) post, upload, publish, submit or transmit any Content that: (i) is, or may be reasonably suspected by the User to be, fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or otherwise offensive; (iii) is racist or discriminating against any individual or group; (iv) is violent or threatening or promotes violence; or (v) promotes illegal or harmful activities;
(m) swear, use profanities, obscenities or any bad language of any kind, even if disguised with asterisks;
(n) access or tamper with the non public areas of the Service or the Website;
(o) interfere with or damage the Website or Service, through the use of, without limitation, viruses, Trojan horses, malicious codes, malwares, or other similar methods or technology;
(p) attempt to probe, scan, or test the vulnerability of the Website system or network or breach any authentication measures;
(q) avoid, bypass, deactivate, remove, or otherwise circumvent any technological measures implemented by EU YAN SANG or any of EU YAN SANG’s providers to protect the Website; and/or
(r) advocate, encourage or assist any third party in doing any of the foregoing.
(a) that EU YAN SANG is the true and lawful owner of the Trademarks and all derivatives thereof;
(b) not to use the Trademarks or any derivatives thereof or any other name or mark confusingly similar as the aforesaid;
(c) that all rights, title, interest and any goodwill in the Trademarks or any derivatives thereof belong exclusively to EU YAN SANG; and
(d) not to register domain names associated with or including the Trademarks or any derivatives thereof or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof.
(a) all information, materials and User’s Content that the User publishes or uploads shall not be defamatory of any party;
(b) the User’s Content do not infringe the rights of any party (including any Intellectual Property Rights of any third party throughout the world);
(c) it is the proprietor or authorised licensee of any and all Intellectual Property Rights (including copyright) in the User’s Content. The User further warrants that none of the Intellectual Property Rights in the User’s Content infringe the rights of any third party. In cases where the User is the licensee of any such Intellectual Property Rights in the User’s Content, the User warrants that it has a licence and has obtained the necessary consents to permit EU YAN SANG to deal in and use the aforesaid Intellectual Property Rights in any way conceivable and for any purpose;
(d) the User is entitled to enter into the Contract, is able to perform its obligations under the Contract and to grant EU YAN SANG the rights (including the licence under Clause 9.6) under the Contract;
(e) the User has all the necessary consents, licences, permits and approval(s) from the relevant authorities, bodies, organisations or as required by applicable laws in order to perform its obligations under the Contract;
(f) the User’s Content do not infringe any laws, statutes and regulations of any territory, including Singapore;
(g) the User’s Content will not cause EU YAN SANG to infringe the rights of any person or to infringe any laws, statutes and regulations of any territory, including Singapore;
(h) the User’s Content do not cause annoyance, embarrassment, distress, harassment, disturbance or nuisance of any kind whatsoever, or which is not in the public interest, or contain obscene, racially or ethnically objectionable material, or be offensive in any way.
(a) not to send or submit any materials or information or otherwise use the Service for a purpose, which under applicable laws, regulations or policies, (including those of countries where the User’s Content can be accessed via the Internet), or under international conventions, codes, regulations or licences of such countries, would be prohibited;
(b) not to cause EU YAN SANG to do anything that would amount to a contravention of the laws of Singapore, or international conventions, codes or regulations; and
(c) that in using the Service, the User will not do anything that will be unlawful or that will infringe the Intellectual Property Rights of any third party.
a) the Confidential Information was already known to the Receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the Disclosing Party;
b) the Confidential Information was generally available to the public or otherwise part of the public domain at the time of its disclosure to the Receiving Party;
c) the Confidential Information became generally available to the public or otherwise part of the public domain after its disclosure and other than through an act or omission of the Receiving Party in breach of the Contract;
d) the Confidential Information was disclosed to the Receiving Party, other than under an obligation of confidentiality, by a third party who had no obligation to the Disclosing Party not to disclose such information to others; or
e) the disclosure or use is required by law, any regulatory body or the rules and regulations of a relevant recognised stock exchange.
a) that the Service will be available on a continuous or 24x7 basis;
b) that the Website will be available on a continuous or 24x7 basis for access; and/or
c) of the effect or benefits that can be derived by the User from using the Service or from using the Products.
a) suitability of, or fitness of the Service or Products for the User’s purposes; or
b) availability of the Service or Products, or operational availability of the Service.
(a) the User’s Content or any part thereof (including but not limited to any use or dealing by EU YAN SANG or its Related Corporations, its agents or subcontractors, of the User’s Content);
(b) the performance of the Service;
(c) a breach by the User of any of the provisions in the Contract (including these Terms & Conditions for Users), including but not limited to a breach of any of the warranties or undertakings in Clause 9;
(d) any act or omission of the User or its agents or sub-contractors; and
(e) the User’s Content, or any part thereof, infringing the Intellectual Property Rights or other rights of, or any claim that the User’s Content, or any part thereof, infringe, the Intellectual Property Rights of, any party, in any part of the world.
(a) EU YAN SANG is of the opinion that the Service has been used by the User in any manner unacceptable to EU YAN SANG, and where EU YAN SANG has given fourteen (14) days’ notice of such breach and the User has failed to rectify such breach within that time;
(b) the User has outstanding Charges or any other monies due and payable to EU YAN SANG, if any, which remain unpaid, and where EU YAN SANG has given fourteen (14) days’ notice of such breach and the User has failed to rectify such breach within that time;
(c) EU YAN SANG is unable to provide the Service due to lack of reasonable operating capacity;
(d) the User has been adjudged bankrupt or if a receiving order has been made against it, or if the User is insolvent or is in liquidation (whether voluntary or compulsory) or if the User has made compositions or arrangements with, or assignment for the benefit of, its creditors;
(e) the User, in the case of a corporation, has a winding-up petition presented against it, or has a receiver or a receiver and manager or a judicial manager appointed;
(f) the User, in the case of a corporation, has in EU YAN SANG’s reasonable opinion, ceased to carry on business;
(g) the continued operation of the Service would in the opinion of EU YAN SANG (at its absolute discretion) be unlawful or be commercially non-viable to EU YAN SANG;
(h) in EU YAN SANG’s reasonable opinion, the User attempted to use, is likely to use or has used the Service (whether with or without the authorisation and/or permission of EU YAN SANG) in contravention of any law; or
(i) any material information provided or representation made by the User to EU YAN SANG is untrue, misleading or inaccurate and has an adverse material impact on EU YAN SANG in relation to its provision of the Service.
(a) if delivered by hand;
(b) sent by pre-paid registered post; or
(c) sent by legible facsimile transmission or by email (provided that there has been successful transmission),
addressed to the intended recipient at its address or facsimile number or email address as may be notified to the other Party in writing from time to time.
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