TERMS OF SERVICE
1.
INTRODUCTION
1.1. Welcome to the
Sim Lim Square platform (the "Site"). Please read the following Terms
of Service carefully before using this Site or opening a Sim Lim Square account ("Account")
so that you are aware of your legal rights and obligations with respect to Sim
Lim Square and its affiliates and subsidiaries (individually and
collectively, " Sim Lim Square ", "we", "us" or
"our"). The "Services" we provide or make available include
(a) the Site, (b) the services provided by the Site and by Sim Lim Square
client software made available through the Site, and (c) all information,
linked pages, features, data, text, images, photographs, graphics, music,
sounds, video (including live streams), messages, tags, content, programming,
software, application services (including, without limitation, any mobile
application services) or other materials made available through the Site or its
related services ("Content"). Any new features added to or augmenting
the Services are also subject to these Terms of Service. These Terms of Service
govern your use of Services provided by Sim Lim Square.
1.2. The
Services include an online platform service that provides a place and
opportunity for the sale of goods between the buyer (“Buyer”) and the seller
(“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for
sale is directly between Buyer and Seller and Sim Lim Square is not a party to
that or any other contract between Buyer and Seller and accepts no obligations
in connection with any such contract. Parties to such transaction will be
entirely responsible for the sales contract between them, the listing of goods,
warranty of purchase and the like. Sim Lim Square is not involved in the
transaction between Users. Sim Lim Square may or may not pre-screen Users or
the Content or information provided by Users. Sim Lim Square reserves the right
to remove any Content or information posted by you on the Site in accordance to
Section 6.4 herein. Sim Lim Square cannot ensure that Users will actually
complete a transaction.
1.3. Before becoming a
User of the Site, you must read and accept all of the terms and conditions in,
and linked to, these Terms of Service and you must consent to the processing of
your personal data as described in the Privacy Policy linked hereto.
1.4. Sim Lim Square
reserves the right to change, modify, suspend or discontinue all or any part of
this Site or the Services at any time or upon notice as required by local laws.
Sim Lim Square may release certain Services or their features in a beta
version, which may not work correctly or in the same way the final version may
work, and we shall not be held liable in such instances. Sim Lim Square may
also impose limits on certain features or restrict your access to parts of, or the
entire, Site or Services in its sole discretion and without notice or
liability.
1.5. Sim Lim Square
reserves the right to refuse to provide you access to the Site or Services or
to allow you to open an Account for any reason.
BY
USING SIM LIM SQUARE SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE
ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE
ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED
HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2.
PRIVACY
2.1
Your privacy is very important to us at Sim Lim Square, To
better protect your rights we have provided the simlimsquare.com.sg Privacy
Policy to explain our privacy practices in detail. Please review the Privacy
Policy to understand how Sim Lim Square collects and uses the information
associated with your Account and/or your use of the Services (the “User
Information”). By using the Services or providing information on the Site, you:
(i)
consent to Sim Lim Square’s collection, use, disclosure and/or
processing of your Content, personal data and User Information as described in
the Privacy Policy;
(ii)
agree and acknowledge that the proprietary rights of your User
Information are jointly owned by you and Sim Lim Square; and
(iii)
shall not, whether directly or indirectly, disclose your User
Information to any third party, or otherwise allow any third party to access or
use your User Information, without Sim Lim Square’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3.
LIMITED LICENSE
3.1
Sim Lim Square grants you a limited and revocable license to
access and use the Services subject to the terms and conditions of these Terms
of Service. All proprietary Content, trademarks, service marks, brand names,
logos and other intellectual property (“Intellectual Property”) displayed in
the Site are the property of Sim Lim Square and where applicable, third party
proprietors identified in the Site. No right or licence is granted directly or
indirectly to any party accessing the Site to use or reproduce any Intellectual
Property, and no party accessing the Site shall claim any right, title or
interest therein. By using or accessing the Services you agree to comply with
the copyright, trademark, service mark, and all other applicable laws that
protect the Services, the Site and its Content. You agree not to copy,
distribute, republish, transmit, publicly display, publicly perform, modify,
adapt, rent, sell, or create derivative works of any portion of the Services,
the Site or its Content. You also may not, without our prior written consent,
mirror or frame any part or whole of the contents of this Site on any other
server or as part of any other website. In addition, you agree that you will
not use any robot, spider or any other automatic device or manual process to
monitor or copy our Content, without our prior written consent (such consent is
deemed given for standard search engine technology employed by Internet search
websites to direct Internet users to this website).
3.2
You are welcome to link to the Site from your website, provided
that your website does not imply any endorsement by or association with Sim Lim
Square. You acknowledge that Sim Lim Square may, in its sole discretion and at
any time, discontinue providing the Services, either in part or as a whole,
without notice.
4.
SOFTWARE
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Sim Lim Square reserves all rights to the software not expressly granted by Sim Lim Square hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Sim Lim Square.
5. ACCOUNTS AND
SECURITY
5.1
Some functions of our Services require registration for an
Account by selecting a unique user identification ("User ID") and
password, and by providing certain personal information. If you select a User
ID that Sim Lim Square, in its sole discretion, finds offensive or
inappropriate, Sim Lim Square has the right to suspend or terminate your Account.
You may be able to use your Account to gain access to other products, websites
or services to which we have enabled access or with which we have tied up or
collaborated. Sim Lim Square has not reviewed, and assumes no responsibility
for any third party content, functionality, security, services, privacy
policies, or other practices of those products, websites or services. If you do
so, the terms of service for those products, websites or services, including
their respective privacy policies, if different from these Terms of Service
and/or our Privacy Policy, may also apply to your use of those products,
websites or services.
5.2
You agree to (a) keep your password confidential and use only
your User ID and password when logging in, (b) ensure that you log out from your
account at the end of each session on the Site, (c) immediately notify Sim Lim
Square of any unauthorised use of your Account, User ID and/or password, and
(d) ensure that your Account information is accurate and up-to-date. You are
fully responsible for all activities that occur under your User ID and Account
even if such activities or uses were not committed by you. Sim Lim Square will
not be liable for any loss or damage arising from unauthorised use of your
password or your failure to comply with this Section.
5.3
You agree that Sim Lim Square may for any reason, in its sole
discretion and with or without notice or liability to you or any third party,
immediately terminate your Account and your User ID, remove or discard from the
Site any Content associated with your Account and User ID, withdraw any
subsidies offered to you, cancel any transactions associated with your Account
and User ID, temporarily withhold any sale proceeds or refunds, and/or take any
other actions that Sim Lim Square deems necessary. Grounds for such actions may
include, but are not limited to, (a) extended periods of inactivity, (b)
violation of the letter or spirit of these Terms of Service, (c) illegal,
fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having
multiple user accounts for illegitimate reasons, or (e) behaviour that is
harmful to other Users, third parties, or the business interests of Sim Lim
Square. Use of an Account for illegal, fraudulent, harassing, defamatory,
threatening or abusive purposes may be referred to law enforcement authorities
without notice to you. If a legal dispute arises or law enforcement action is
commenced relating to your Account or your use of the Services for any reason,
Sim Lim Square may terminate your Account immediately with or without notice.
5.4
Users may terminate their Account if they notify Sim Lim Square
in writing (including via email at support@simlimsquare.com.sg) of their desire
to do so. Notwithstanding any such termination, Users remain responsible and
liable for any incomplete transaction (whether commenced prior to or after such
termination), shipment of the product, payment for the product, or the like,
and Users must contact Sim Lim Square after he or she has promptly and
effectively carried out and completed all incomplete transactions according to
the Terms of Service. Sim Lim Square shall have no liability, and shall not be
liable for any damages incurred due to the actions taken in accordance with
this Section. Users waive any and all claims based on any such action taken by
Sim Lim Square.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6.
TERM OF USE
6.1
The license for use of this Site and the Services is effective
until terminated. This license will terminate as set forth under these Terms of
Service or if you fail to comply with any term or condition of these Terms of
Service. In any such event, Sim Lim Square may effect such termination with or
without notice to you.
6.2
You agree not to:
(a)
upload, post, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, alarming,
distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b)
violate any laws, including without limitation any laws and
regulation in relation to export and import restrictions, third party rights or
our Prohibited and Restricted
Items policy;
(c)
use the Services to harm minors in any way;
(d)
use the Services or upload Content to impersonate any person or
entity, or otherwise misrepresent your affiliation with a person or entity;
(e)
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Services;
(f)
remove any proprietary notices from the Site;
(g)
cause, permit or authorize the modification, creation of
derivative works, or translation of the Services without the express permission
of Sim Lim Square;
(h)
use the Services for the benefit of any third party or any
manner not permitted by the licenses granted herein;
(i)
use the Services or upload Content in a manner that is
fraudulent, unconscionable, false, misleading or deceptive;
(j)
manipulate the price of any item or interfere with other User's
listings;
(k)
take any action that may undermine the feedback or ratings
systems;
(l)
attempt to decompile, reverse engineer, disassemble or hack the
Services (or any portion thereof), or to defeat or overcome any encryption
technology or security measures implemented by Sim Lim Square with respect to
the Services and/or data transmitted, processed or stored by Sim Lim Square;
(m) harvest or
collect any information about or regarding other Account holders, including,
without limitation, any personal data or information;
(n)
upload, email, post, transmit or otherwise make available any
Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(o)
upload, email, post, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(p)
upload, email, post, transmit or otherwise make available any
unsolicited or unauthorised advertising, promotional materials, "junk
mail", "spam", "chain letters", "pyramid
schemes", or any other unauthorised form of solicitation;
(q)
upload, email, post, transmit or otherwise make available any
material that contains software viruses, worms, Trojan-horses or any other
computer code, routines, files or programs designed to directly or indirectly
interfere with, manipulate, interrupt, destroy or limit the functionality or
integrity of any computer software or hardware or data or telecommunications
equipment;
(r)
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other Users of the Services are able to type, or
otherwise act in a manner that negatively affects other Users' ability to
engage in real time exchanges;
(s)
interfere with, manipulate or disrupt the Services or servers or
networks connected to the Services or any other User's use and enjoyment of the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site;
(t)
take any action or engage in any conduct that could directly or
indirectly damage, disable, overburden, or impair the Services or the servers
or networks connected to the Services;
(u)
use the Services to intentionally or unintentionally violate any
applicable local, state, national or international law, rule, code, directive,
guideline, policy or regulation including, without limitation, laws and
requirements (whether or not having the force of law) relating to anti-money
laundering or counter-terrorism;
(v)
use the Services in violation of or to circumvent any sanctions
or embargo administered or enforced by the U.S. Department of Treasury’s Office
of Foreign Assets Control, the United Nations Security Council, the European
Union or Her Majesty’s Treasury;
(w)
use the Services to violate the privacy of others or to
"stalk" or otherwise harass another;
(x)
infringe the rights of Sim Lim Square, including any
intellectual property rights and any passing off of the same thereof;
(y)
use the Services to collect or store personal data about other
Users in connection with the prohibited conduct and activities set forth above;
and/or
(z)
list items which infringe upon the copyright, trademark or other
intellectual property rights of third parties or use the Services in a manner
which will infringe the intellectual property rights of others.
6.3
You understand that all Content, whether publicly posted or
privately transmitted, is the sole responsibility of the person from whom such
Content originated. This means that you, and not Sim Lim Square, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available through the Site. You understand that by using the Site, you may
be exposed to Content that you may consider to be offensive, indecent or
objectionable. To the maximum extent permitted by applicable law, under no
circumstances will Sim Lim Square be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of, or reliance on,
any Content posted, emailed, transmitted or otherwise made available on the
Site.
6.4
You acknowledge that Sim Lim Square and its designees shall have
the right (but not the obligation) in their sole discretion to pre-screen,
refuse, delete, stop, suspend, remove or move any Content, including without
limitation any Content or information posted by you, that is available on the
Site. Without limiting the foregoing, Sim Lim Square and its designees shall
have the right to remove any Content (i) that violates these Terms of Service;
(ii) if we receive a complaint from another User; (iii) if we receive a notice
of intellectual property infringement or other legal instruction for removal;
or (iv) if such Content is otherwise objectionable. We may also block delivery
of a communication (including, without limitation, status updates, postings,
messages and/or chats) to or from the Services as part of our effort to protect
the Services or our Users, or otherwise enforce the provisions of these Terms
and Conditions. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including, without limitation, any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you have not and, to the maximum extent permitted by
applicable law, may not rely on any Content created by Sim Lim Square or
submitted to Sim Lim Square, including, without limitation, information in Sim
Lim Square Forums and in all other parts of the Site.
6.5
You acknowledge, consent to and agree that Sim Lim Square may
access, preserve and disclose your Account information and Content if required
to do so by law or pursuant to an order of a court or by any governmental or
regulatory authority having jurisdiction over Sim Lim Square or in a good faith
belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce these Terms of Service; (c) respond
to claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or personal
safety of Sim Lim Square, its Users and/or the public.
7.
VIOLATION OF OUR TERMS OF SERVICE
7.1
Violations of this policy may result in a range of actions,
including, without limitation, any or all of the following:
- Listing deletion
- Limits
placed on Account privileges
- Account
suspension and subsequent termination
- Criminal
charges
- Civil
actions, including without limitation a claim for damages and/or interim or
injunctive relief
7.2
If you believe a User on
our Site is violating these Terms of Service, please contact support@simlimsquare.com.sg.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1
The Users are independent individuals or businesses and they are
not associated with Sim Lim Square in any way. Sim Lim Square is neither the
agent nor representative of the Users and does not hold and/or own any of the
merchandises listed on the Site.
8.2
If you are an
intellectual property right owner (“IPR Owner”) or an agent duly authorised by
an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s
right has been infringed, please notify us in writing by email to support@simlimsquare.com.sg and legal@simlimsquare.com.sg and provide us the
documents requested below to support your claim. Do allow us time to process
the information provided. Sim Lim Square will respond to your complaint as soon
as practicable.
8.3
Complaints under this Section 8 must be provided in the form
prescribed by Sim Lim Square, which may be updated from time to time, and must
include at least the following: (a) a physical or electronic signature of an
IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the
type and nature of intellectual property right that is allegedly infringed and
proof of rights; (c) details of the listing which contains the alleged
infringement; (d) sufficient information to allow Sim Lim Square to contact the
Informant, such as Informant’s physical address, telephone number and e-mail
address; (e) a statement by Informant that the complaint is filed on good faith
belief and that the use of the intellectual property as identified by the
Informant is not authorised by the IPR Owner or the law; (f) a statement by the
Informant that the information in the notification is accurate, indemnify us
for any damages we may suffer as a result of the information provided by and
that the Informant has the appropriate right or is authorised to act on IPR
Owner’s behalf to the complaint.
9.
PURCHASE AND PAYMENT
9.1
Sim Lim Square supports one or more of the following payment
methods in each country it operates in:
(i) OISBIZCRAFT Payment
OISBIZCRAFT payments are
processed through third-party payment channels and the type of paypal account
are accepted by these payment channels may vary
depending on the jurisdiction you are in.
9.2
Buyer may only change
their preferred mode of payment for their purchase prior to making payment.
9.3
Sim Lim Square takes no
responsibility and assume no liability for any loss or damages to Buyer arising
from shipping information and/or payment information entered by Buyer or wrong
remittance by Buyer in connection with the payment for the items purchased. We
reserve the right to check whether Buyer is duly authorised to use certain
payment method, and may suspend the transaction until such authorisation is
confirmed or cancel the relevant transaction where such confirmation is not
available.
9.4
At the moment, Sim Lim Square is only able to make payment to
Users via bank transfer. Hence, Users are required to provide Sim Lim Square
with his/her banking details in order to receive payments i.e. from the sale of
item or refund from Sim Lim Square.
10.
DELIVERY
10.1 Sim Lim
Square will inform Seller when Sim Lim
Square receives Buyer’s Purchase Monies.
Unless otherwise agreed with Sim Lim Square , Seller should then make the
necessary arrangements to have the purchased item delivered to Buyer and
provide details such as the name of the delivery company, the tracking number,
etc. to Buyer through the Site.
10.2 Seller must use
his/her best effort to ensure that Buyer receives the purchased items within,
whichever applicable, the time period specified by Seller on Seller’s listing.
10.3 Users understand that Seller bears all risk
attached to the delivery of the purchased item(s) and warrants that he/she has
or will obtain adequate insurance coverage for the delivery of the purchased
item(s). In the event where the purchased item(s) is damaged, lost or failure
of delivery during the course of delivery, Users acknowledge and agree that Sim
Lim Square will not be liable for any
damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will
reach out to the logistic service provider to resolve such dispute.
10.4 For Cross-Border
Transaction. Users understand and acknowledge that, where a product listing
states that the product will ship from overseas, such product is being sold
from a Seller based outside of Singapore, and the importation and
exportation of such product is subject to local laws and regulations. Users
should familiarise themselves with all import and export restrictions that
apply to the designating country. Users acknowledge that Sim Lim Square cannot
provide any legal advice in this regard and agrees that Sim Lim Square shall
not bear any risks or liabilities associated with the import and export of such
products to Singapore.
11.
CANCELLATION, RETURN AND REFUND
11.1 Buyer may only
cancel his/her order prior to the payment of Buyer’s Purchase Monies into Sim
Lim Square Seller Account.
11.2 Buyer may apply
for the return of the purchased item and refund prior to the discussion with
Seller, if applicable, subject to and in accordance with Sim Lim Square ’s
Refunds and Return Policy.
11.3 Sim Lim
Square reserves the right to cancel any
transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to
receive a refund of the Buyer’s Purchase Monies paid into Sim Lim Square Seller
Account.
11.4 Sim Lim
Square does not monitor the
cancellation, return and refund process for any additional offline payment.
12.
SELLER’S RESPONSIBILITIES
12.1 Seller shall
properly manage and ensure that relevant information such as the price and the
details of items, inventory amount and terms and conditions for sales is
updated on Seller’s listing and shall not post inaccurate or misleading
information.
12.2 The price of
items for sale will be determined by the Seller at his/her own discretion. The price
of an item and shipping charges shall include the entire amount to be charged
to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not
charge Buyer such amount additionally and separately.
12.3 Seller agrees
that Sim Lim Square may at its
discretion engage in promotional activities to induce transactions between
Buyer and Seller by reducing, discounting or refunding fees, or in other ways.
The final price that Buyer will pay actually will be the price that such
adjustment is applied to.
12.4 For the purpose
of promoting the sales of the items listed by Seller, Sim Lim Square may post such items (at adjusted price) on
third-party websites (such as portal sites and price comparison sites) and
other websites (domestic or foreign) operated by Sim Lim Square .
12.5 Seller shall
issue receipts, credit card slips or tax invoices to Buyer on request.
12.6 Seller
acknowledges and agrees that Seller will be responsible for paying all taxes,
customs and duties for the item sold and Sim Lim Square cannot provide any legal or tax advice in
this regard. As tax laws and regulations may change from time to time, Sellers
are advised to seek professional advice if in
doubt.
12.7 Seller
acknowledge and agrees that Seller’s violation of any of Sim Lim Square’s
polices will result in a range of actions as stated in Section 7.1.
13. DISPUTES
13.1 In the event a
problem arises in a transaction, the Buyer and Seller agree to communicate with
each other first to attempt to resolve such dispute by mutual discussions,
which Sim Lim Square shall use
reasonable commercial efforts to facilitate. If the matter cannot be resolved
by mutual discussions, Users may approach the claims tribunal of their local
jurisdiction to resolve any dispute arising from a transaction.
13.2 Each Buyer and
Seller covenants and agrees that it will not bring suit or otherwise assert any
claim against Sim Lim Square or its
Affiliates (except where Sim Lim Square
or its Affiliates is the Seller of the product that the claim relates
to) in relation to any transaction made on the Site or any dispute related to
such transaction.
13.3 Users may send written request to Sim Lim Square to assist them in resolving issues which may arise from a transaction upon request. Sim Lim Square may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Sim Lim Square ’s Refunds and Return Policy.
14. FEEDBACK
14.2 Sim Lim
Square welcomes information and feedback
from our Users which will enable Sim Lim Square
to improve the quality of service provided. Please refer to our feedback
procedure below for further information:
(i)
Feedback may be made in writing through email to or using the
feedback form found on the Sim Lim Square website.
(ii)
Anonymous feedback will not be accepted.
(iii)
Users affected by the feedback should be fully informed of all
facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
15.
DISCLAIMERS
15.1 The services are
provided "as is" and without any warranties, claims or representations
made by Sim Lim Square of any kind
either expressed, implied or statutory with respect to the services, including,
without limitation, warranties of quality, performance, non-infringement,
merchantability, or fitness for a particular purpose, nor are there any
warranties created by course of dealing, course of performance or trade usage.
Without limiting the foregoing and to the maximum extent permitted by
applicable law, Sim Lim Square does not
warrant that the services, this site or the functions contained therein will be
available, accessible, uninterrupted, timely, secure, accurate, complete or
error-free, that defects, if any, will be corrected, or that this site and/or
the server that makes the same available are free of viruses, clocks, timers,
counters, worms, software locks, drop dead devices, trojan-horses, routings,
trap doors, time bombs or any other harmful codes, instructions, programs or
components.
15.2 You acknowledge
that the entire risk arising out of the use or performance of the site and/or
the services remains with you to the maximum extent permitted by applicable
law.
15.3 Sim Lim Square has no control over and, to the maximum
extent permitted by applicable law, does not guarantee or accept any
responsibility for: (a) the fitness for purpose, existence, quality, safety or
legality of items available via the services; or (b) the ability of sellers to
sell items or of buyers to pay for items. If there is a dispute
involving one or more users, such users agree to resolve such dispute between
themselves directly and, to the maximum extent permitted by applicable law,
release Sim Lim Square and its
affiliates from any and all claims, demands and damages arising out of or in
connection with any such dispute.
16.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
16.1 To the maximum
extent permitted by applicable law, in no event shall sim lim square be liable whether in contract, warranty, tort
(including, without limitation, negligence (whether active, passive or
imputed), product liability, strict liability or other theory), or other cause
of action at law, in equity, by statute or otherwise, for:
(i)
a) loss of use; (b) loss of profits; (c) loss of revenues; (d)
loss of data; (e) loss of good will; or (f) failure to realise anticipated
savings, in each case whether direct or indirect; or
(ii)
any indirect, incidental, special or consequential damages,
arising out of or in connection with the use or inability to use this site or
the services, including, without limitation, any damages resulting therefrom,
even if Sim Lim Square has been advised
of the possibility of such damages.
16.2 You acknowledge
and agree that your only right with respect to any problems or dissatisfaction
with the services is to request for termination of your account and/or
discontinue any use of the services.
16.3 If,
notwithstanding the previous sections, Sim Lim Square is found by a court of
competent jurisdiction to be liable (including for gross negligence), then, to
the maximum extent permitted by applicable law, its liability to you or to any
third party is limited to the lesser of: (a) any amounts due and payable to you
pursuant to the Sim Lim Square; and (b) SGD $100 (one hundred Singapore
dollars).
16.4 Nothing in these terms of service shall limit or exclude any liability for death or personal injury caused by Sim Lim Square ’s negligence, for fraud or for any other liability on the part of Sim Lim Square that cannot be lawfully limited and/or excluded.
17.
LINKS TO THIRD PARTY
SITES
Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Sim Lim Square in any manner whatsoever and you therefore access them at your own risk. Sim Lim Square is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Sim Lim Square is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Sim Lim Square of any linked site and/or any of its content therein.
18.
YOUR CONTRIBUTIONS TO THE SERVICES
18.1By submitting Content for inclusion on the Services, you
represent and warrant that you have all necessary rights and/or permissions to
grant the licenses below to Sim Lim Square . You further acknowledge and agree
that you are solely responsible for anything you post or otherwise make
available on or through the Services, including, without limitation, the
accuracy, reliability, nature, rights clearance, compliance with law and legal
restrictions associated with any Content contribution. You hereby grant Sim Lim
Square and its successors a perpetual,
irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and
transferable license to use, copy, distribute, republish, transmit, modify,
adapt, create derivative works of, publicly display, and publicly perform such
Content contribution on, through or in connection with the Services in any
media formats and through any media channels, including, without limitation,
for promoting and redistributing part of the Services (and its derivative
works) without need of attribution and you agree to waive any moral rights (and
any similar rights in any part of the world) in that respect. You understand
that your contribution may be transmitted over various networks and changed to
conform and adapt to technical requirements.
18.2Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Sim Lim Square by any means (each, a "Submission"), is not considered confidential by Sim Lim Square and may be disseminated or used by Sim Lim Square without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Sim Lim Square , you acknowledge and agree that Sim Lim Square and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Sim Lim Square and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.
19.
THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
19.1 Each contributor
to the Services of data, text, images, sounds, video, software and other
Content is solely responsible for the accuracy, reliability, nature, rights
clearance, compliance with law and legal restrictions associated with their
Content contribution. As such, Sim Lim Square
is not responsible to, and shall not, regularly monitor or check for the
accuracy, reliability, nature, rights clearance, compliance with law and legal
restrictions associated with any contribution of Content. You will not hold Sim
Lim Square responsible for any User's
actions or inactions, including, without limitation, things they post or
otherwise make available via the Services.
19.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Sim Lim Square . Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Sim Lim Square has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Sim Lim Square shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Sim Lim Square may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
20.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant
that:
(a) you possess the
legal capacity (and in the case of a minor, valid parent or legal guardian
consent), right and ability to enter into these Terms of Service and to comply
with its terms; and
(b) you will use the
Services for lawful purposes only and in accordance with these Terms of Service
and all applicable laws, rules, codes, directives, guidelines, policies and
regulations.
21.
INDEMNITY
You
agree to indemnify, defend and hold harmless Sim Lim Square , and its
shareholders, subsidiaries, affiliates, directors, officers, agents,
co-branders or other partners, and employees (collectively, the
"Indemnified Parties") from and against any and all claims, actions,
proceedings, and suits and all related liabilities, damages, settlements,
penalties, fines, costs and expenses (including, without limitation, any other
dispute resolution expenses) incurred by any Indemnified Party arising out of
or relating to: (a) any transaction made on the Site, or any dispute in relation
to such transaction (except where Sim Lim Square or its Affiliates is the Seller in the
transaction that the dispute relates to), (b)) the hosting, operation,
management and/or administration of the Services by or on behalf of Sim Lim
Square , (c) your violation or breach of any term of these Terms of Service or
any policy or guidelines referenced herein, (d) your use or misuse of the
Services, (e) your breach of any law or any rights of a third party, or (f) any
Content uploaded by you.
22.
SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
23.
GOVERNING LAW
These
Terms of Service shall be governed by and construed in accordance with the laws
of the Republic of Singapore without regard to its conflict of law rules. The
United Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act, to the extent applicable, are
expressly disclaimed. Unless otherwise required by applicable laws, any
dispute, controversy, claim or difference of any kind whatsoever shall arising
out of or relating to these Terms of Service against or relating to Sim Lim
Square or any Indemnified Party under
these Terms of Service shall be referred to and finally resolved by arbitration
in Singapore in accordance with the Arbitration Rules of the Singapore
International Arbitration Centre (“SIAC Rules”) for the time being in force,
which rules are deemed to be incorporated by reference in this Section. There
will be one (1) arbitrator and the language of the arbitration shall be
English.
24.
GENERAL PROVISIONS
24.1 Sim Lim
Square reserves all rights not expressly
granted herein.
24.2 Sim Lim Square may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
24.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
24.4 Nothing in these
Terms of Service shall constitute a partnership, joint venture or
principal-agent relationship between you and Sim Lim Square , nor does it
authorise you to incur any costs or liabilities on Sim Lim Square ’s behalf.
24.5 The failure of
Sim Lim Square at any time or times to
require performance of any provision hereof shall in no manner affect its right
at a later time to enforce the same unless the same is waived in writing.
24.6 These Terms of
Service are solely for your and our benefit and are not for the benefit of any
other person or entity, except for Sim Lim Square 's affiliates and
subsidiaries (and each of Sim Lim Square 's and its affiliates' and subsidiaries'
respective successors and assigns).
24.7 The terms set
forth in these Terms of Service and any agreements and policies included or
referred to in these Terms of Service constitute the entire agreement and
understanding of the parties with respect to the Services and the Site and
supersede any previous agreement or understanding between the parties in
relation to such subject matter. The parties also hereby exclude all implied
terms in fact. In entering into the agreement formed by these Terms of Service,
the parties have not relied on any statement, representation, warranty,
understanding, undertaking, promise or assurance of any person other than as
expressly set out in these Terms of Service. Each party irrevocably and
unconditionally waives all claims, rights and remedies which but for this
Section it might otherwise have had in relation to any of the foregoing. These
Terms of Service may not be contradicted, explained or supplemented by evidence
of any prior agreement, any contemporaneous oral agreement or any consistent
additional terms.
24.8 You agree to
comply with all applicable laws, statutes, regulations and codes relating to
anti-bribery and corruption including without limitation the UK Bribery Act,
the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption
Act and confirm that you have and shall have in place all policies and
procedures needed to ensure compliance with such requirements.
24.9 If you have any
questions or concerns about these Terms of Service or any issues raised in
these Terms of Service or on the Site, please contacts us at: support@simlimsquare.com.sg.
LEGAL
NOTICES: Please send all legal notices to legal@simlimsquare.com.sg and Attention it to the
“General Counsel”.
I HAVE
READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY
REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH
FACEBOOK” BUTTON BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE,
WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME
MANUALLY.