Terms of Use
GENERAL TERMS OF USE
Welcome to https://straitswine.com/ (the “Platform”). This end user licence agreement (“Agreement”) is a legal agreement between you and Singapore Straits Wine Company Pte. Ltd. (“we” or “us”) governing the use of the Platform and our services offered via the Platform (“Services“). We license use of the Platform to you on the basis of this Agreement. We do not sell the Platform to you and we remain the owner of the Platform at all times.
Please read this Agreement carefully as it contains important information regarding your legal rights, remedies, and obligations. This includes in particular, various limitations, exclusions and an indemnity. If you do not agree to these terms, we will not licence use of this Platform to you and you must not use our Platform.
1. Terms of use
1.1 The provisions set out in this Agreement govern your access to and your use of the Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such change, you must not use the Platform.
1.2 Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use the Platform on the terms of this Agreement.
1.3 Should you choose to register for an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration), you acknowledge and agree that:
(a) you have read the terms set out in this Agreement and agree to be bound by and comply with them;
(b) you are 18 years old and above as of the date of your entry into this Agreement; and
(c) you shall be responsible for maintaining the confidentiality of your account details, and we are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
1.4 We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to the Platform (including access to your account with us) at any time, remove or edit content (including content submitted by you) on the Platform or on any of our affiliated websites (including social media pages), or cancel any Services provided to you.
1.5 You are not permitted to use, or submit any content to, our Platform or any of our affiliated websites (including social media pages) to advertise, promote or market any products or services of any third party or yourself.
1.6 We reserve the right to change, modify, suspend or discontinue any portion of the Services, the Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time.
1.7 You agree and acknowledges that due to the nature of the internet, access to or operation of the Platform may from time to time be interrupted or encounter technical difficulties. We do not warrant or guarantee any free or uninterrupted use of the Platform, and shall not be liable for any loss, damages or expenses arising out of or in connection with your use of, or the inability to use, the Platform.
1.8 This Agreement refers to the following additional terms, which also apply to your use of the Platform and which form part of this Agreement:
(a) Our Privacy Policy (see [Schedule 1]) sets out our policy concerning the collection, use and disclosure of your personal data (“Data”) in compliance with the Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”). By using our Platform, you consent to our collection, use and disclosure of your Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact our Data Protection Officer at the contact details provided below.
(b) Our Acceptable Use Policy (see [Schedule 2]) sets out the permitted uses and prohibited uses of our Platform. When using our Platform, you must comply with this Acceptable Use Policy.
(c) Our Terms and Conditions of Sale (see [Schedule 3]) sets out our terms and conditions governing the purchase of goods on the Platform. By purchasing any goods and/or services from us via the Platform, you are deemed to have agreed to our Terms and Conditions of Sale.
2. Restrictions
Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
(a) not to reproduce, copy, modify, adapt, alter, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Services, the Platform or any of the contents therein for any commercial purposes;
(b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of the Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, the Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
(c) not to provide or otherwise make available the Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(d) to include our copyright notice on all entire and partial copies you make of the Platform on any medium;
(e) to comply with all applicable technology control or export laws and regulations; and
(f) not to disrupt, disable, or otherwise impair the proper working of the Services, the Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
3. Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Platform anywhere in the world belong to us, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform other than the right to use them in accordance with the terms of this Agreement.
3.2 You acknowledge that you have no right to have access to the Platform in source code form.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Platform in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
3.5 You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
3.6 If you print off, copy or download any content on our Platform in breach of these terms of use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Uploading information to our Platform
4.1 You irrevocably and unconditionally represent and warrant that any content uploaded by yourself to our Platform complies with our Acceptable Use Policy and the Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”).
4.2 We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4.3 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.
4.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content or data uploaded by you or any other user of our Platform.
5. Warranty
5.1 While we make all efforts to maintain the accuracy of the information on the Platform, we provide the Services, Platform and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and the Platform is at your sole risk.
5.2 To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
6. Limitation of Liability
6.1 You agree and acknowledge that we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, the Platform or any other website or software) for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
6.2 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud; and/or
(c) any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
6.3 This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Platform. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and the Platform which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
7. Indemnity
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of the Platform, Services and/or any websites or software in relation thereto or otherwise, and whether under this Agreement (including our Acceptable Use Policy), any laws or regulations or otherwise.
8. Other important terms
8.1 We may assign, transfer or sub-contract our rights and obligations under this Agreement to another organisation, but this will not affect your rights or obligations under this Agreement.
8.2 A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act (Cap 53B).
8.3 You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
8.4 No partnership or agency or employment relationship has arisen by reason of this Agreement.
8.5 This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
8.6 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.7 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8.8 This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this Agreement, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
Schedule 1
PRIVACY POLICY
SINGAPORE STRAITS WINE COMPANY PTE LTD. (“we” or “us”) is committed to protecting and respecting your privacy.
1. This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data (the “Data”) we collect from you, or that you upload, will be processed by us. Please read the following carefully to understand our views and practices regarding your Data and how we will treat it.
2. By accepting our Terms of Use, you consent to the collection, use, disclosure and transfer of your Data in the manner and for the purposes set out below.
INFORMATION WE MAY COLLECT
3. We may collect and process the following data:
(a) information that you provide by filling in forms on https://straitswine.com/ (“our Platform”), including information provided at the time of registering to use our Platform, subscribing to any services provided by us, posting material, reporting a problem with our Platform, or requesting further services;
(b) details of transactions you carry out through our Platform;
(c) details of your visits to our Platform and the resources that you access; and
(d) if you contact us, a record of that correspondence.
IP ADDRESSES
4. We may also collect and process information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
COOKIES
5. Our Platform uses cookies to distinguish you from other users of our Platform. This helps us to provide you with a good experience when you browse our Platform and also allows us to improve our Platform.
SECURITY
6. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
7. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Data, we cannot guarantee the security of your Data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
PURPOSES OF COLLECTION OF PERSONAL DATA
8. We use information held for the following purposes:
(a) to ensure that content from our Platform is presented in the most effective manner for you and for your computer;
(b)to provide you with information, products or services that you request from us, and to otherwise carry out our obligations arising from any contracts entered into between you and us;
(c) to provide you with information, products or services which we feel may interest you, where you have consented to be contacted for such purposes;
(d) to allow you to participate in interactive features of our service, when you choose to do so;
(e) processing, handling and corresponding with you in relation to your enquiries, feedback, complaints, requests and applications to us;
(f) providing after sales service or support or customer care;
(g) processing payment or credit transactions;
(h) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(i) transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities for the aforementioned purposes; and
(j) carrying out whatever else is reasonable or related to or in connection with the above and our provision of goods and/or services to you.
CONSENT TO COLLECTION, USE, DISCLOSURE OF PERSONAL DATA
9. By providing your Data to us, you consent to the collection, use, disclosure and/or transfer of your Personal Data for the purposes set out in this Privacy Policy (“Purposes”).
10. Please ensure that you speak to others before providing their Data to us. Kindly inform them that our collection, use and disclosure of their Data is solely for the Purposes. By providing the Data of others to us, you represent and warrant that such person consents to our collection, use and disclosure of Personal Data for the purposes set out in this Privacy Policy.
11. You may withdraw your consent and request us to stop using and/or disclosing your Personal Data for any or all of the Purposes by submitting your request to us in writing at the contact details provided below. Should you withdraw your consent to the collection, use or disclosure of your Personal Data for any of the Purposes, it may impact our ability to proceed with your transactions, agreements or interactions with us. Upon receipt of your request, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies, or undertaking any steps as we may be entitled to at law).
DISCLOSURE OF YOUR INFORMATION
12. We may disclose your Data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act (Cap 50).
13. We may disclose your Data to third parties:
(a) for the purposes of providing products or services that you request from us, fulfilling our obligations arising from any contracts entered into between you and us, processing payments in connection therewith or otherwise in connection with your use of our Platform, in which case your Data may be provided to our third party service providers;
(b) in the event that we sell or buy any business or assets, in which case we may disclose your Data to the prospective seller or buyer of such business or assets;
(c) if we or substantially all of our shares or assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
(d) if we are under a duty to disclose or share your personal data, in order to comply with any legal obligation (including any direction from a governmental or regulatory body or law enforcement) or in order to enforce or apply our terms of use.
YOUR RIGHTS
14. Our Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.
ACCESS AND CORRECTION
15. The PDPA gives you the right to access your Data. Your right of access can be exercised in accordance with the PDPA. Any access request may be subject to an administrative fee at our rates then in force to meet our costs in providing you with details of the information we hold about you.
16. In the event that you wish to correct and/or update your Data in our records, you may inform us in writing of the same.
17. You may access, correct, and/or update your Data by contacting us at the contact details provided below. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
ACCURACY
18. We endeavour to ensure that all decisions involving your Data are based upon accurate and timely information. While we will do our best to base our decisions on accurate information, we rely on you to disclose all relevant information and to inform us of any significant changes. As such, you are kindly requested to disclose all relevant information, inform us of any changes and to ensure that all your Data that is submitted to us is current, complete, accurate, true and correct.
RETENTION OF PERSONAL DATA
19. We may retain your Data for so long as is necessary for the purpose for which it was collected, or for so long as required or permitted by applicable laws. We will cease to retain your Data, or remove the means by which the Data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Data was collected and is no longer necessary for legal and business purposes.
CHANGES TO OUR PRIVACY POLICY
20. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
CONTACT
21. Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to our Data Protection Officer at:
Attention to : The Straits Wine Company
Email : [ corporateaffairs@straitswine.com ]
Telephone number : [ +65 6593 6333 ]
Mail address : [ The Straits Wine Company
6 Harper Road, Leong Huat Building #01-02, Singapore 369674 ]
Schedule 2
ACCEPTABLE USE POLICY
1. This acceptable use policy sets out the terms between you and SINGAPORE STRAITS WINE COMPANY PTE LTD. (“we” or “us”) under which you may access our platform, https://straitswine.com/ (“our Platform”). This acceptable use policy applies to all users of, and visitors to, our Platform.
2. Your use of our Platform means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of and supplement our Terms of Use for our Platform.
PROHIBITED USES
3. You may use our Platform only for lawful purposes. You may not use our Platform:
(a) in any way that breaches any applicable local or international laws or regulations;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
(d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4. You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our terms of use for our Platform; and
(b) not to access without authority, interfere with, damage or disrupt:
-
- (i) any part of our Platform;
- (ii) any equipment or network on which our Platform is stored;
- (iii) any software used in the provision of our Platform; or
- (iv) any equipment or network or software owned or used by any third party.
CONTENT STANDARDS
5. These content standards apply to any and all material which you upload on our Platform (“Contributions”).
6. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
a. Contributions must:
(a) comply with Singapore law, in particular, the Personal Data Protection Act 2012 (No. 26 of 2012), and the laws of any country from which they are posted; and
(b) be placed in the correct and appropriate categories.
7. You shall be responsible for the authenticity, truthfulness, accuracy and origin of the Contributions. You must ensure that you either have all ownership rights to the Contributions uploaded or all rights allowing you to upload the Contributions.
8. Contributions must not:
(a) infringe any copyright, database right or trade mark of any other person;
(b) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(c) be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;
(d) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(e) give the impression that they emanate from us, if this is not the case;
(f) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
(g) advertise, promote or market any products or services by third parties or yourself.
9. We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.
10. Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.
SUSPENSION AND TERMINATION
11. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate.
12. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our Platform, including closure or suspension of your account on our Platform;
(b) immediate, temporary or permanent removal of any posting or material uploaded by you to our Platform;
(c) issuance of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you;
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
14. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Platform.
Schedule 3
TERMS AND CONDITIONS OF SALE
1. DEFINITIONS
“Automated Order Confirmation” has the meaning given in clause 2.2.
“Business Day” means any day other than a Saturday, Sunday or day defined or gazetted as a public holiday under the Holidays Act (Cap. 126) of Singapore.
“Confirmation Period” has the meaning given in clause 4.6.
“Customer” refers to the person or entity purchasing goods and/or services from SSWC via the Platform.
“Delivery Deadline” has the meaning given in clause 4.7.
“SSWC“, “we” or “us” means Singapore Straits Wine Company Pte Ltd.
“Minimum Age” means 18 years of age or older, as of the date of entry into this agreement.
“Order” means an electronic order for goods and/or services that is submitted via the Platform.
“Return Request” has the meaning given in clause 5.2.
“Services” means all forms of services provided by SSWC in order to fulfill an Order, including but not limited to delivery services.
“Platform” means www.straitswine.com
“Price” has the meaning given in clause 3.1.
“Promotion” has the meaning given in clause 2.5.
“Terms” means these terms and conditions of sale.
2. TERMS OF SALE
2.1 SSWC shall sell, and the Customer shall purchase, goods and/or services pursuant to any Order subject to these Terms. By making an Order, the Customer represents and warrants that they are of the Minimum Age.
2.2 SSWC reserves the right to reject any Order at their sole and absolute discretion, including an error in the stated price or description of the goods and/or services, lack of availability or any other error relating to your Order. For the avoidance of doubt, the receipt of any automated order confirmation (“Automated Order Confirmation”) shall not constitute acceptance of the Order by SSWC.
2.3 In the event that the Customer’s Order is rejected, the Customer may, subject to the discretion of SSWC, either:
(a) be refunded the full amount paid for the goods and/or services;
(b) select any alternative goods and/or services of an equivalent value, subject to availability; or
(c) select any alternative goods and/or services of a greater value, subject to availability, following which the Customer shall be liable to pay the difference in value to SSWC.
2.4 The Customer further agrees and acknowledges that the use of the Platform shall be at their sole risk and that the information on the Platform, including pricing and availability of goods and/or services shall change from time to time. SSWC shall not be liable for any damages, loss or inability to purchase any goods and/or services due to any technical difficulties, time lag or delay in uploading or updating pricing or availability information to the Platform.
2.5 SSWC may at its sole and absolute discretion offer special promotions or sale prices to Customers, the terms of which shall be set out on the Platform (each, a “Promotion”). Any Promotion shall be subject to the specific terms and conditions specified in the relevant Promotion, in addition to these Terms. Where there is any conflict between these Terms and the specific terms of any Promotion, the terms of the Promotion shall prevail.
3. PAYMENT
3.1 Unless otherwise informed in writing by SSWC to the Customer, all prices for the goods and/or services shall be as stated on the Platform (the “Price”).
3.2 The Price shall become due and payable in full upon submission of any Order, through the payment mode specified on the Platform. No requests to split payments for any Order shall be entertained.
4. DELIVERY OF PURCHASED GOODS
4.1 The Customer may choose to pay for delivery of purchased goods to their desired delivery address in Singapore at the delivery dates and times indicated in their Order. Delivery of the goods shall be subject to payment of the Price in full, and will be made between 12-3pm or 3-6pm (SGT) on Business Days only.
4.2 The Customer agrees that SSWC shall not liable for any late deliveries outside of the specified times.
4.3 All deliveries shall require a signature of receipt, and such receipt shall be deemed to be acceptance of the goods. It shall be the responsibility of the Customer to check that all goods, wines, bottles or products delivered to the Customer are in good condition at the point of delivery, and a signature of receipt shall be deemed acceptance of the goods.
4.4 Subject to clause 4.7, title and risk to all goods shall only pass to the Customer upon receipt of delivery or collection of the goods by the Customer.
4.5 SSWC shall not be responsible for any failed delivery as a result of the Customer being unable to receive the goods at the specified address.
4.6 If no delivery date/time is specified on the Order, every attempt will be made to contact the Customer within three (3) Business Days of the date of the Automated Order Confirmation (“Confirmation Period”) to confirm the delivery date and time to ensure someone will be there to sign for and receive the delivery. No delivery will be made unless the Customer confirms by responding to email, text or phone call.
4.7 In the event that there is any failure of delivery or non-confirmation of delivery dates and times at the end of the Confirmation Period, risk to the goods purchased pursuant to an Order shall pass to the Customer on 9.00 am of the next Business Day following the failed delivery date or end of the Confirmation Period, as the case may be. Following from this, the Customer may either:
(a) elect for delivery or re-delivery within three (3) Business Days of the failed delivery date or the end of the Confirmation Period; or
(b) failing any election in accordance with clause 4.7(a), collect the goods from a collection address specified on the Platform.
4.8 SSWC reserves the right to charge additional fees for re-delivery services due to inaccurate information provided by the Customer or upon a request for re-delivery following a failure of delivery.
4.9 In the event that the Customer does not elect for delivery services in their Order, the Customer shall be responsible for collection of purchased goods from the collection address specified on the Platform, as selected by the Customer in their Order.
5. RETURN POLICY
5.1 All goods will be checked by SSWC staff before delivery to ensure that they are in good condition.
5.2 Goods may be returned to SSWC by notifying SSWC in writing within three (3) Business Days of the date of delivery or collection of the goods, stating the reason for return (a “Return Request”). Any return of goods shall be subject to acceptance in writing by SSWC, which shall be at the sole and absolute discretion of SSWC. Upon acceptance of the Return Request by SSWC, all goods to be returned must be delivered to any SSWC outlet (the addresses of which are set out at the Platform) within fourteen (14) days of such date of acceptance.
5.3 Subject to clause 5.4, Customers shall be refunded in full for all returned goods within ten (10) Business Days of the date of return of the goods to any SSWC outlet.
5.4 SSWC shall inspect the returned goods, including, where the goods in question consist of wine, verification by a SSWC wine professional, following which SSWC may, at its sole and absolute discretion, decline to refund any goods found unsuitable for return. Where the returned goods are wine bottles, only wine bottles which are more than 75% full shall be suitable for return.
5.5 Any goods that were purchased pursuant to a Promotion will not be available for refund.
5.6 Save as set out in these Terms, the Customer shall not be entitled to any refund or return whatsoever, unless otherwise agreed in writing by SSWC.
6. FORCE MAJEURE
6.1 SSWC (or any person acting on its behalf) shall not have any liability or responsibility for failure to fulfil any obligation under this agreement so long as and to the extent to which the fulfilment of such obligation is prevented, frustrated, hindered or delayed as a consequence of a Force Majeure Event.
6.2 SSWC shall, as soon as reasonably practicable after the occurrence of a Force Majeure Event:
(a) notify the Customer of the nature and extent of such Force Majeure Event; and
(b) use all reasonable endeavours to remove any such causes and resume performance under this agreement as soon as feasible.
6.3 For the purposes of this clause, a “Force Majeure Event” means an event beyond the SSWC, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.
7. USE OF OUR PRODUCTS
The Customer agrees and acknowledges that they shall bear all responsibility for the use or consumption of any of the goods purchased pursuant to an Order, including any re-sale or re-distribution of such goods.
8. INDEMNITY AND LIMITATION OF LIABILITY
8.1 The Customer shall hold harmless and indemnify SSWC and its employees, agents, staff, contractors and officers from and against any claim by any person in relation to the goods and/or services purchased by the Customer pursuant to any Order and all costs and expenses (including legal fees) arising out of any act, omission or default of the Customer.
8.2 SSWC shall not be liable to the Customer, whether in contract, in tort (including negligence), for breach of statutory duty, or otherwise, for loss of profits, loss sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill or any indirect or consequential loss.
8.3 SSWC’s total liability to the Customer arising under or in connection with this agreement shall be limited to the equivalent of the Price paid by the Customer under this agreement.
8.4 SSWC’s total liability to the Customer arising under or in connection with this agreement shall be limited to the equivalent of the Fees paid by the Customer under this agreement.
8.5 To the fullest extent permissible by the law, SSWC disclaims all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose.
9. NOTICES
9.1 Any notices, demands or any other correspondences whatsoever shall be deemed to be communicated to the Customer if the same is sent by ordinary post or email to the address provided under the Customer’s account, or such other address as informed to SSWC in writing prior to the dispatching of any notices, demands or any other correspondence whatsoever.
9.2 All notices or correspondence from the Customer to SSWC must be in writing and sent to SSWC at the address or email specified below. Email : [ corporateaffairs@straitswine.com ]
Mail address : [ The Straits Wine Company 6 Harper Road, Leong Huat Building #01-02, Singapore 369674 ]
10. ASSIGNMENT AND SUB-CONTRACT
The Customer shall not assign or transfer any part of its rights and obligations under this agreement without the SSWC’s prior written consent. SSWC shall have the right to assign or transfer or sub-contract all or part of its rights or obligations hereunder at its sole and absolute discretion.
11. VARIATION
SSWC reserves the right to amend, vary or update the Terms following from an acceptance of an Order by way of notice in writing to the Customer.
12. WAIVER
A waiver of any right under this agreement shall be in writing. Such waiver shall apply only to the person to whom the waiver is addressed and the circumstances for which it is given. Any failure to enforce any provision of this agreement shall not constitute a waiver of such or any other provision. Unless specifically provided otherwise, rights and remedies arising under this agreement are cumulative and do not exclude rights and remedies provided by law.
13. SEVERANCE
If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
14. ENTIRE AGREEMENT
This agreement and any documents referred to in it or executed contemporaneously with it, constitutes the entire agreement between the parties and supersedes all previous arrangements, agreements and understandings between them, whether oral or written, relating to their subject matter. Each party acknowledges that in entering into this agreement, it does not rely on, and has not remedy in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement.
15. THIRD PARTIES
A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act (Cap 53B).
16. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of Singapore law. SSWC and the Customer both agree to submit to the exclusive jurisdiction of the Singapore courts.
Wine Dinner & Tasting Event
1. Full refund for cancellations at least 5 working days before the event. (Saturday and Sunday are not working days)
2. 50% refund for cancellations at least 48 hours before the event.
3. Due to the COVID-19 situation in Singapore and as a gesture of goodwill, we will perform a full refund if Medical Document(s) is provided as verification.
4. The Company reserves the right to cancel events wholly or in part in case of an insufficient number of participants, program cancellations, organizational reasons, changes of availability of speakers, or other unforeseeable events that render the execution of the event impossible and/or not worthwhile or that would lead to the organizer incurring unreasonable expenses in executing the event. The Company shall immediately inform participants of such changes.
5. Refund will be in Singapore Dollars by cheque only.
6. The Company reserves the right to change these terms and conditions at any time without prior notice.
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