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.
1.1 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.
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.
3.1 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.
4.1 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.
5.1 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.
6.1 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.
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.
8.1 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.
PRIVACY POLICY
SINGAPORE STRAITS WINE COMPANY PTE LTD. ("we” or “us”) is committed to protecting and respecting your privacy.
INFORMATION WE MAY COLLECT
(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
COOKIES
SECURITY
PURPOSES OF COLLECTION OF PERSONAL DATA
(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
DISCLOSURE OF YOUR INFORMATION
(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
ACCESS AND CORRECTION
ACCURACY
RETENTION OF PERSONAL DATA
CHANGES TO OUR PRIVACY POLICY
CONTACT
Attention to : Singapore Straits Wine Company
Email : [ corporateaffairs@sswc.com.sg ]
Telephone number : [ +65 6593 6333 ]
Mail address : [ Singapore Straits Wine Company
6 Harper Road, Leong Huat Building #01-02, Singapore 369674 ]
ACCEPTABLE USE POLICY
PROHIBITED USES
CONTENT STANDARDS
SUSPENSION AND TERMINATION
CHANGES TO THE ACCEPTABLE USE POLICY
TERMS AND CONDITIONS OF SALE
“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.
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.
Mail address : [ Singapore Straits Wine Company
6 Harper Road, Leong Huat Building #01-02, Singapore 369674 ]
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.
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.
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.
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.
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.
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).
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.
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