TERMS AND CONDITIONS OF USE

1.INTRODUCTION

1.1 This website www.eplanetworld.com is operated by eplanetworld, which is the e-commerce arm of Planet Telecoms Pte Ltd (“Planet Telecoms”), a company incorporated in Singapore with Registration No. 197901313K. Planet Telecoms is one of the leading mobile handset retailers in Singapore with a network of high-traffic retail outlets throughout the island.

1.2 Your access to and/or use of the Website (as defined in Clause 2.1) is governed by these Terms and Conditions of Use (“Conditions”), the Privacy Policy, and any other terms and conditions and notices posted on the Website (collectively “Terms”).

1.3 If you do not agree to any of the Terms, you should immediately stop accessing and using the Website. By accessing and/or using or continuing to access and/or use the Website, you agree and are deemed to have agreed to be bound by all of the Terms.

2.INTERPRETATION

2.1 In these Conditions (including Clause 1 above), unless the context otherwise requires:

“Account” means the account that you will need to register on the Website if you wish to use certain aspects of the Website;

“Losses” means all claims, actions, proceedings, losses, damages, liabilities, costs and/or expenses;

“Order” means the order submitted by you to the Website or in any other way as may be expressly permitted by us in writing in our discretion to purchase a Product from us;

“Order Confirmation” means the confirmation issued by email to you which constitutes acceptance of your Order;

“Price” means the price of the Product which you ordered by placing an Order, as notified to you;

“Product” means any product or service listed or otherwise made available on or through the Website;

“Registration Details” means all information provided through the Website (including your name, email address and contact details) for the purpose of registering an Account and/or for registration or processing for any other purpose (including the provision by us to you of the latest news, trends and exclusive offers or other updates);

“Third Party Sites” means any websites or resources on the internet which the Website provides a link to, or other websites or resources on the internet which may contain links to the Website;

“use of the Website”, “using the Website” or any similar expressions shall, unless the context otherwise requires, include without limitation the placing of any Orders, the purchase of any Products and/or any transactions arising through the Website as we may determine from time to time;

“Website” means this website www.eplanetworld.com and any substitute or replacement website that is operated by eplanetworld, but does not include any Third Party Sites.

2.2 The term “we”, “us” or “our” mean Planet Telecoms. The term “you” or “your” means the person accessing or using the Website, including placing any Orders and/or purchasing any Products and/or conducting any transactions through the Website as we may determine from time to time.

2.3 The term “Clauses” refers to clauses of these Conditions.

2.4 Expressions in the singular form shall include the plural and vice versa, and all references to the masculine gender include the female and neuter genders and vice versa. All references to persons shall include bodies corporate.

2.5 The headings are inserted for convenience only and shall not affect the construction of these Conditions.

3.PRIVACY POLICY

Our privacy policy relating to how we will use your Registration Details and other information that you provide through the Website is under the heading “Privacy Policy” on the Website. By accessing and/or using this Website, you consent to the collection, use, transfer and other dealing with the Registration Details and other information that you provide through the Website.

4.REGISTRATION OF ACCOUNT

4.1 You may access and view the contents of the Website without registration of an Account, but you are required to register an Account before you are permitted to use certain aspects of the Website, including placing any Order, purchasing any Product and/or conducting any other transactions through the Website as we may determine from time to time.

4.2 You shall use your real name when registering an Account, and shall not use any name that is: (a) the name of another person; or (b) subject to any rights of another person without appropriate authorization. You shall provide true, accurate, complete and updated registration information when registering an Account.

4.3 You must keep your password and Registration Details for your Account confidential and secure, and must not allow any other person to use your Account or identification details. You must not use the Account or Registration Details of any other person.

4.4 You are fully responsible for all use of your Account and Registration Details, and for any actions that take place using your Account and Registration Details, whether or not you were the one actually using your Account or Registration Details. You agree to notify us immediately of any unauthorised use of your Account or Registration Details and/or any other security breach relating to your Account.

4.5 You agree that we will not be liable for any Losses which you may suffer or incur arising out of or in connection with the unauthorised use of your Account or Registration Details. You shall indemnify us and keep us indemnified in full and hold us harmless against all Losses that we may suffer or incur arising from or in connection with any unauthorised use of your Account or your Registration Details.

4.6 You are fully responsible for updating us of your Account and Registration Details, and you agree that we will not be liable for any Losses which you may suffer or incur arising out of or in connection with your Account or Registration Details not being updated.

4.7 We have the right at our sole discretion to refuse your request for registration of an Account and/or at any time to suspend, cancel or terminate your Account, in each case with or without notice, and we are under no obligation to provide you with any reason whatsoever for our decision.

4.8 Without prejudice to Clause 4.7, we have the right at our sole discretion to deactivate and cancel any Account that has been inactive for more than 180 consecutive calendar days (or such other period we may determine in our discretion).

4.9 Notwithstanding the refusal of your request for registration, or any suspension, cancellation or termination of your Account, the Terms shall continue to apply to you to the extent relevant.

5.YOUR STATUS

5.1 By placing an Order, purchasing any Product and/or conducting any transactions through the Website as we may determine from time to time, you represent and warrant to us that:

(a) you are at least 18 years old;

(b) you are not bankrupt or insolvent;

(c) you are legally capable of entering into binding contracts;

(d) you have a valid credit or debit card issued by a bank that is acceptable to us; and

(e) you are purchasing the Products for your own use and not for the purpose of resale or other commercial purposes.

5.2 We have the right at our discretion to ask you for proof of any aspect of your status as set out in Clause 5.1.

6.PLACING OF ORDERS

6.1 You must place an Order only through the Website, unless we expressly permit you in writing to place an Order in some other manner.

6.2 By placing an Order, you are offering to purchase a Product upon and subject to the Terms. For the avoidance of doubt, we hereby expressly state that the provision of the Products on the Website does not constitute an offer by us of the Products to you for purchase. All Orders are subject to availability of the Product and confirmation of the Price, and are further subject to our acceptance in accordance with the Terms. Items placed in your “Cart” are not reserved for you and may be purchased by other customers.

6.3 When you place an Order, you will receive initially an acknowledgement e-mail confirming receipt of your Order. This email will only be an acknowledgement and does not constitute acceptance of your Order.

7.PRICE AND PAYMENT

7.1 Your attention is drawn to Clause 11 on “Information on the Website”. The price of the Product that you ordered and the applicable delivery charges as reflected on the Website and/or as notified to you when you place your Order are subject to confirmation in the Order Confirmation. If before we issue our Order Confirmation, we discover an error in the price of the Product and/or applicable delivery charges as reflected on the Website and/or as notified to you when you place your Order, or such price and/or delivery charges have changed, we will contact you and ask you to confirm that you wish to proceed at the amended price and/or delivery charges. If we are unable to contact you, we may in our discretion treat the Order as cancelled. If you cancel the Order or the Order is deemed to be cancelled and we have already received payment for that Order, you will receive a full refund as store credits in the form of a time limited store voucher.

7.2 Where applicable, the price for the Product you ordered is inclusive of goods and services tax.

7.3 The Price and applicable delivery charges stated in the Order Confirmation issued pursuant to Clause 8 will be the price and delivery charges that you will have to pay for your Order.

7.4 We may from time to time offer promotional or discount codes which may apply in respect of any, or certain specified, purchases made though the Website. The terms and conditions of use relating to any specific promotional or discount code will be specified at the time of issue. You must provide the correct promotional or discount code when placing an Order in accordance with the applicable terms and conditions in order to be entitled to the applicable promotion or discount.

7.5 The following terms and conditions shall apply generally to all promotional codes and discount codes (unless otherwise stated):

(a) Only one promotional or discount code can be used for each Order.

(b) The maximum pre-promotion or pre-discount spend limit of S$2000 applies for each Order.

(c) Selected Products or brand of Products may be excluded from any promotional or discount code.

(d) A promotional or discount code cannot be used after an Order has been placed.

7.6 Payment for an Order must be made by way of credit or debit card issued by a bank acceptable to us, or in such other manner as we may expressly permit in writing. Upon receiving your Order we will carry out a standard pre-authorization check on your payment card or other permitted method of payment to ensure there are sufficient funds to pay for the Order (including any applicable delivery charges). The Product that you ordered will not be despatched until this pre-authorization check has been completed. Your payment card or other permitted method of payment will be debited once your Order has been accepted.

8.ACCEPTANCE OF AN ORDER

8.1 If your Order is accepted, we will issue an Order Confirmation which will confirm the availability of the Product you ordered, the Price and the identity of the party which you will be contracting with. The contracting party will usually be Planet Telecoms but may in some cases (at our discretion) be a third party. Where the contracting party is a third party, then Planet Telecoms is not acting as either agent or principal and the contract is made between you and that third party and may be subject to the terms of sale that may be supplied to you by the third party.

8.2 Once your Order has been accepted, you will not be permitted to cancel the Order without our prior written consent. Once the Product you ordered has been despatched to you, you may no longer cancel your Order, and if you no longer wish to purchase the Product, please contact us directly at cs@eplanetworld.com.

8.3 Until such time when we have issued an Order Confirmation, we have the right to reject your Order. We have the right to cancel or terminate any obligation to fulfill any Order for any reason whatsoever even after an Order has been accepted by us and/or paid for by you with or without notice.

8.4 Your attention is drawn to Clause 11 on “Information on the Website”. Without prejudice to Clause 8.3, we have the right to refuse to fulfill any Order that you may place based on information on the Website (including without limitation information regarding pricing, shipping, payment terms, or return policies) that contains errors, inaccuracies or omissions or are out-of-date, even after an Order has been accepted by us and/or paid for by you with or without notice.

8.5 If we exercise our right to cancel or terminate our obligation pursuant to Clause 8.3, or to refuse pursuant to Clause 8.4, to fulfill any Order, and we shall not be liable to you or any other party in respect thereof. In such event, if we have received payment for the Product, we will refund to you in full the payment that we have received in the form of a time limited store credit voucher.

9.DELIVERY

9.1 If we have accepted your Order in accordance with these Conditions, the terms and conditions set out under the heading “Delivery” on the Website will apply to the delivery of the Product to you.

9.2 We may at our discretion refuse to make delivery to any location outside of Singapore, or to any location within Singapore, in which event you will be notified accordingly. In such event, we will inform you using your Registration Details and arrange for cancellation of the Order or delivery to an alternative delivery address that is acceptable to us.

9.3 We deliver in our standard packaging for the relevant Product. Any special packaging requested by you is subject to further additional charges on top of any applicable delivery charges.

9.4 We may provide to you through the Website a facility for tracking the delivery of the Product that is the subject of an Order which we have accepted, but any such tracking information is only an estimate and does not constitute and is not to be construed as constituting a representation or warranty of the delivery process and/or the timing of the delivery notified to you.

9.5 Notwithstanding anything herein, time of delivery of any Product is not of the essence, and we shall not be liable to you in respect of any delay in the delivery of any Product to you.

9.6 If you do not accept delivery or are unable or unavailable to take delivery and, as a result, the Product is not successfully delivered to you within fourteen (14) days (or such other period as we may in our discretion determine) from the date of first attempt at delivery, then without prejudice to any other right or remedy available to us we may in our discretion:

(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or

(b) no longer make the Product available for delivery and notify you that we are immediately cancelling the applicable Order, in which case we will refund in the form of a time limited store credit voucher to you as applicable any payment already received by us, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees or other costs referred to in paragraph (a) above).

9.7 All risk of loss of and/or damage to the Product purchased shall pass to you upon delivery. Subject to payment for the Product having been unconditionally and irrevocably received by us, title to the Product purchased shall pass to you upon delivery.

10.PRODUCT WARRANTY

10.1 Products that are sold by us to you will be covered solely by the relevant manufacturer’s or supplier’s warranty on the Products as specified in the documentation supplied with the Products. You may, however, purchase other specific or extended warranties on certain Products as may be made available on the Website from time to time which will subject to the terms and conditions thereof, but all such other specific and extended warranties are offered by third parties and not by us. Save as aforesaid, there are no other warranties, representations, conditions, terms or guarantees on or in relation to the Products that are sold by us to you.

10.2 Without prejudice to Clause 10.1, we do not make or give any warranties, express or implied, including but not limited to the warranty of merchantability or fitness for a particular purpose or any implied warranties arising from the course of performance, course of dealing or usage or trade, on or in relation to the Products that are sold by us. You undertake to look solely to the relevant manufacturers or suppliers of the Products providing the warranty thereon referred to in Clause 10.1, or the third parties offering the other specific or extended warranties, for any claims on such warranties.

10.3 The warranty referred to in Clause 10.1 is in lieu of all other warranties, representations, conditions, terms or guarantees, whether oral or written, express or implied, and whether the same arises in contract, tort, restitution or equity, by statute, at common law or otherwise, on or in relation to the Products sold by us to you, and such other warranties, representations, conditions, terms or guarantees are disclaimed and are excluded to the greatest extent permitted by applicable laws.

11.INFORMATION ON THE WEBSITE

11.1 Whilst we endeavour to ensure that all details, descriptions, prices and availability of the Products and other information provided by us on the Website are correct, such information is provided on an ‘as is’ basis and may contain typographical or other errors, inaccuracies or omissions or may not complete or up-to-date. We have the right to correct any errors, inaccuracies or omissions and to change or update such information on the Website at any time without prior notice.

11.2 No warranty, representation, condition, term or guarantee, whether oral or written, express or implied, and whether the same arises in contract, tort, restitution or equity, by statute, at common law or otherwise, that the information displayed on the Website is accurate, complete or up-to-date is given or made by us or our suppliers, content providers or advertisers, and all such warranties, representations, conditions, terms or guarantees are disclaimed and are hereby excluded to the greatest extent permitted by applicable laws. We do not accept any liability for any error or omission of any content on the Website, including content provided by us or any affiliated entities or by any users or other third parties.

11.3 We attempt to display Product images on the Website as accurately as possible. However, and without prejudice to the foregoing provisions of this Clause 11, we do not guarantee that the colour you see matches the actual colour of the Product, as the display of the colour depends on (amongst other things) the monitor you are using. If there are accessories or furnishings included in the Product image, they are used purely for illustration purposes and will not be included in the final sale of the Product unless expressly and specifically stated to be included.

12.USER CONDUCT

12.1 The Website provides or may provide designated areas for you to post reviews, comments and other contents and materials (collectively “contents” for the purpose of this Clause 12) on the Website. For the avoidance of doubt, the contents posted by you or other third parties (including any views, statements and opinions expressed therein) on the Website are those of yours or other relevant third parties and are not our views, statements or opinions. We do not endorse such contents, and the posting of such contents on the Website shall not constitute or be construed as constituting endorsement by us of the same.

12.2 You may post on the Website only contents that are proper and appropriate and you must not post, upload, share, transmit, distribute or otherwise make available:

(a) any advertisement, promotion or offer to sell any goods or services (and this prohibition applies even if you are acting for a charity or non-profit organization), or any commercial solicitation or promotional materials;

(b) any content that reveals any confidential or sensitive information or any personal information on other persons (including without limitation email address, telephone number or postal address or credit card numbers), or that may or will be a breach of privacy, confidence, publicity or other personal or proprietary rights of any third party;

(c) any content or a link to any content that is unlawful, obscene, threatening, defamatory, offensive, fraudulent, harmful or otherwise objectionable, whatever form such content may take (including without limitation text, graphics, audio, video or programs);

(d) any content which you do not have permission to use, in particular, contents that contain the intellectual property rights of third parties without proper authorization, or that violate or infringe the intellectual property or other rights of any third party;

(e) any content that contains software viruses, computer codes, worms, trojans or any other components with harmful or contaminating effects to any user or equipment or which are technologically malicious or harmful;

(f) any content that implies we endorse such content or that you are affiliated to us;

(g) any content with author attributions, legal notices or proprietary designations or labels deleted or that are incomplete or misleading;

(h) any content with the origin or source thereof falsified;

(i) any content with the intention to, or to, commit, promote, encourage or facilitate a criminal offence or an illegal act; or

(j) use inappropriate (e.g. vulgar or offensive) language or user names, or impersonate any living person or purport to represent any organization.

12.3 By posting contents on the Website, you represent and warrant to and undertake with us that:

(a) your contents do not violate Clause 12.2 or any other provision of these Conditions;

(b) you own or otherwise control all of the rights to the contents that you post;

(c) the contents are true and accurate; and

(d) the use of the contents you posted will not cause injury to any person.

12.4 You must not misuse the Website or use the Website or any of its features for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules and regulations, whether of Singapore or otherwise, and you are solely responsible for all your acts or omissions and for all those that occur under your Account or using your Registration Details.

12.5 Without prejudice to any other provisions in this Clause 12, you shall not:

(a) take any action that imposes or may impose an unreasonable or disproportionately large load on our or a third party provider’s infrastructure;

(b) hack into any part of the Website, or interfere with the proper working of the Website or any transactions conducted on the Website, or corrupt data on the Website;

(c) bypass any measures that we may use to prevent or restrict access to the Website (including any Accounts), or any computer systems or networks connecting to the Website;

(d) run any maillist, any listserv, any form of auto-responder or “spam” on the Website;

(e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website, or harvest or collect email addresses or other contact information or use automated scripts to collect information from or otherwise interact with the Website; or

(f) attempt to do any of the foregoing.

You understand and agree that we may in our discretion report any of the foregoing activities or any other actions on your part relating to access to and/or use of the Website to the relevant authorities and disclose your identity to them.

12.6 By posting contents on the Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, fully sub-licensable and fully transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, publish, distribute or otherwise make available, include in other works, and display throughout the world in any media such contents in each case in any format now known or later developed. You grant us and our sub-licensees the right to use the name that you submit in connection with such contents, if we choose to do so.

12.7 We have the right, but are not obliged, to monitor and to edit, delete or remove the whole or any part of the contents posted on the Website at our discretion without notice and without giving any reason whatsoever. We take no responsibility and assume no liability for any contents posted by you or any other third party on the Website.

13.INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

13.1 Your access to and/or use of the Website and its contents do not grant you any rights or licence in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Website or its contents, any applicable software and all HTML and other code contained in the Website, all of which remain the property of Planet Telecoms or its licensors or other relevant third parties and are protected by national intellectual property and other laws and international treaties. However, you may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, the Website or any of its contents, any applicable software, any HTML or other code contained in the Website.

13.2 Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with us. You should not rely on any such an association, link or affiliation as none exists, and we assume no liability for any such reliance. Any trademarks or trade names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the relevant products and services and is in no way an assertion that such products or services are endorsed by or connected to Planet Telecoms.

14.LINKING TO THE WEBSITE

You may provide on a website that is owned and operated by you a link to only the home page of the Website (which is currently www.eplanetworld.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of affiliation, association, approval or endorsement on our part where none exists. You must not establish a link to the Website from any website that is not owned and operated by you. The Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to immediately withdraw linking permission without notice to you.

15.THIRD PARTY SITES

The Website may provide links to Third Party Sites, and Third Party Sites may contain links to the Website. When you access and/or use Third Party Sites, you do so at your own risk. The Third Party Sites are not operated by us or under our control, and you acknowledge and agree that we are not liable for the content, functions, goods sold or services provided, accuracy, legality, appropriateness, or any other aspect of the Third Party Sites. The inclusion on the Website of a link to any Third Party Site or the inclusion on any Third Party Site of a link to the Website does not imply and shall not be construed as an endorsement by or affiliation with us. You further acknowledge and agree that we will not be liable for any Losses that you may suffer or incur arising from or in relation to your access to or use of the Third Party Sites.

16.LIMITATION OF LIABILITY

16.1 Our maximum liability to you in respect of the sale of any Product, based on whatever cause of action and whether the same arises in contract, tort, restitution or equity, by statute, at common law or otherwise, shall be limited to the Price of the Product actually received by us from you. In all other cases, our maximum liability to you in respect of your access to and/or use of the Website, based on whatever cause of action and whether the same arises in contract, tort, restitution or equity, by statute, at common law or otherwise, shall be limited to the payment (if any) actually received by us from you in relation to the subject matter of our alleged liability to you.

16.2 To the greatest extent permitted by applicable laws, we will not be liable to you or any other person for any Losses that may be suffered or incurred arising from or in relation to your access to and/or use of the Website unless the same is due to fraud on our part or our wilful default or gross negligence.

16.3 Without prejudice to anything herein, we will not be liable to you or any other person for any indirect, consequential, incidental, special or punitive damages, loss of profits, business, revenue, goodwill or anticipated savings, or loss of or damage to data arising from or in relation to:

(a) access or use of or inability to access or use the Website or any Third Party Site or the contents thereof or materials thereon;

(b) the performance or failure of the Website or any Third Party Site or any contents thereof or materials thereon;

(c) any Order placed, any Product that purchased or any other transaction conducted through the Website as we may determine from time to time,

whether or not the same is foreseeable or the possibility of the same has been advised or informed to us, and whether the same arises in contract, tort, restitution or equity, by statute, at common law or otherwise.

16.4 Notwithstanding anything herein, nothing in these Conditions shall: (a) exclude, restrict or modify any condition, warranty, right or liability implied into these Conditions (including any condition, warranty, right or liability imposed by the Unfair Contracts Terms Act, Chapter 396 of Singapore) 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 caused by our negligence.

17.GENERAL DISCLAIMERS

17.1 Access to and use of the Website and any content on any part of it whether requiring an Account or not is at your sole risk. We shall not be liable to any persons who access and/or use the Website (whether a registered Account holder or not) and any third parties for any Losses that they may suffer or incur from accessing and/or using the Website, unless otherwise expressly stated in these Conditions.

17.2 Information transmitted via the Website will pass over public telecommunications networks. We make no representation or warranty that the operation of the Website will be uninterrupted or error free and disclaim all liability in this respect. The Website may be temporarily unavailable from time to time for maintenance or other reasons.

17.3 We will not be liable for any Losses caused by or relating to a distributed denial-of-service attack, viruses, codes or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to and/or use of this Website or to your downloading of any material posted on it, or on any Third Party Site linked to it. By accessing and/or using the Website, you agree that you will take all appropriate precautions and safeguards before accessing and/or using the Website or downloading materials from the Website.

17.4 Each of the disclaimers in the foregoing provisions of this Clause 17 are in addition to, and shall not prejudice or limit the application of, any other disclaimer in this Clause 17, any of the limitations of liability under Clause 16, or any other provisions of these Conditions.

18.INDEMNITY

You shall at all times indemnify and keep indemnified in full, and hold harmless, Planet Telecom, its directors, officers, employees, consultants, agents, affiliates and contractors from any and all Losses that may be suffered or incurred arising from or in connection with any breach by you of any representation or warranty or provision of the Terms, your access to and/or use of the Website, or the access to and/or use of the Website using your Account or your Registration Details (regardless whether you were the one accessing or using the Website).

19.TERMINATION OF ACCESS AND/OR USE

Your access to and/or use of, and continued access to and/or use of, the Website is at our sole discretion. We have the right at any time to restrict, suspend or terminate your access and/or use of the Website without notice, and we are under no obligation to provide you with any reason for such restriction, suspension or termination. We will not be liable for any Losses that you may suffer or incur arising from or in relation to such restriction, suspension or termination.

20.NOTICES

20.1 Any notice given under or pursuant to these Conditions shall be in writing may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.

20.2 Any notice given by post shall be deemed to have been served three (3) days after the same has been posted if the recipient address is in Singapore. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched by email without receipt of an error delivery message.

21.VARIATION

21.1 We reserve the right to amend, supplement and/or replace the Terms (including these Conditions) or any provisions thereof at our discretion at any time without prior notice to you. Each time you access and/or use the Website, you should visit and review the then current Terms that are applicable.

21.2 Your continued access to or use of the Website after any amendment, supplement and/or replacement of the Terms shall be construed as your acceptance of such amendment, supplement and/or replacement of the Terms. If you do not agree to such amendment, supplement and/or replacement, you should immediately stop accessing and using the Website.

22.MISCELLANEOUS

22.1 The Terms constitute all the terms and conditions agreed upon between you and us as to your access and/or use of the Website, and supersede and cancel in all respects all previous terms and conditions and agreements, if any, whether written or oral.

22.2 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with any of your rights or obligations under the Terms.

22.3 If we fail to insist upon strict performance of any of your obligations under the Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. We remain entitled to insist upon strict performance of your obligations and/or exercise such rights or remedies at any time and also in any other situation. A release or waiver by us of any default shall not constitute a release or waiver of any subsequent default.

22.4 No release or waiver by us of any of the Terms shall be effective unless it is expressly stated to be a release waiver and is communicated to you in writing and signed by our authorized signatory.

22.5 If any provision of the Terms is held to be illegal, invalid or unenforceable in whole or in part (including any provision limiting or restricting our liability) in any jurisdiction, the Terms shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.

22.6 A person who is not a party the Terms shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any of these Conditions.

23.GOVERNING LAW AND JURISDICTION

23.1 The Terms shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law and without application of the United Nations Convention on Contracts for the International Sale of Goods.

23.2 In respect of any disputes, claims, actions or proceedings arising out of or in connection with the Terms, you submit to the non-exclusive jurisdiction of the courts of Singapore, and you agree not to object to such jurisdiction on the grounds of lack of personal jurisdiction or forum non conveniens or otherwise. Without prejudice to the foregoing, you agree that we also have the right to commence any actions or proceedings against you in any jurisdiction other than Singapore.

23.3 In respect of any disputes, claims, actions or proceedings arising out of or in connection with the Terms, we submit to the exclusive jurisdiction of the courts of Singapore, and you agree not to commence any actions or proceedings against us other than in the courts of Singapore and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to jurisdiction of the courts of Singapore.