Thursday, May 1, 2008

Terms & Conditions

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND/OR USING IT'S ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OR CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF THIS WEBSITE AND/OR USE OF THE ONLINE SERVICES.

General Terms and Conditions:
(1) In these Terms and Conditions the following expressions shall have the following meanings:
  • "Customer" shall mean you and all other persons who purchase the products under your Login.
  • "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
  • "Login" shall mean a Customer's access to Simplewonder.com under that Customer's registration.
  • "Product/Products" shall mean any and all the products for sale by Simplewonder.com.
  • "SimpleWonder” shall mean SimpleWonder who is the seller of the products by SimpleWonder.
  • "SimpleWonder" shall mean this Internet site or catalogues owned by SimpleWonder and the medium by which Products are offered for sale by SimpleWonder to the Customer.
(2) All the Products sold by SimpleWonder through this site are sold subject to these Terms and Conditions. By submitting your order for processing by Simplewonder.com, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing.

(3) These terms and conditions shall prevail over any other document purporting to have a contractual effect including any other SimpleWonder policy.

(4) The Customer shall agree to complete the registration process according to SimpleWonder's requirements as stated on this site. The Customer shall provide SimpleWonder with complete and updated information, which shall include (but shall not be limited to) the Customer's legal name, billing address, mailing address, date of birth, telephone and fax numbers (optional) and e-mail address.

(5) Registration to open to Customers aged 18 and above. SimpleWonder has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever.

(6) The Customer will be liable for every order made under his/her Login and agrees to indemnify SimpleWonder for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer's Login. The Customer shall be responsible for updating his registration information.

(7) LIABILITY
  1. The liability of SimpleWonder whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of SimpleWonder's obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.
  2. SimpleWonder shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall SimpleWonder be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.
  3. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that SimpleWonder assumes no obligation or liability for any advice or information given with the Products and SimpleWonder shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.
(8) LIMITATION OF LIABILITY
By accessing and using this Simplewonder.com internet site, the Customer acknowledges and accepts that the use of the site is at the Customer’s own risk. SimpleWonder shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:
ALL INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. SIMPLEWONDER HOLDS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. SIMPLEWONDER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.

(9) INTELLECTUAL PROPERTY
  1. All rights, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Simplewonder.com shall at all times remain the property of SimpleWonder.
  2. SimpleWonder and other parties own the trade marks, logos and service marks displayed on this site and/or in connection with the Products and Customers and on-line visitors are prohibited from using the same without the written permission of SimpleWonder or such other parties.
(10) VARIATION OF TERMS AND CONDITIONS 
SimpleWonder reserves the right to amend these Terms and Conditions in its sole discretion. SimpleWonder may, but does not undertake, to notify the Customer of such changes. It is the Customer's responsibility to review the Terms and Conditions prior to submitting any order and SimpleWonder shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.

(11) APPLICABLE LAW 
These Terms and Conditions shall be governed by the laws of Singapore and the Customer and SimpleWonder agree to submit to the jurisdiction of the Singapore courts.

(12) CUSTOMER DATA
  1. The Customer authorises SimpleWonder to collect, retain and use personal information about the Customer for the following purposes:-
    • Undertaking any dealings or transactions with the Customer and providing continuous services to the Customer;
    • Enforcing of any legal or other rights SimpleWonder may have against the Customer in any manner that SimpleWonder sees fit;
    • Assessing the Customer's credit-worthiness;
    • Making such disclosures as may in SimpleWonder's opinion be required for any of the above purposes;
    • Sending the Customer any advertising and/or promotional material;
    • Customizing and designing services for Customers;
    • Conducting research, such as research which determine which areas are not meeting SimpleWonder's Customers' needs;
    • Customising pages for Customers and putting together Customer shopping lists;
    • Notifying Customers of special offers or new Products;
    • Notifying Customer of up-dates to this site;
    • Performing statistical and analysis of Customers' behaviour and characteristics in order to measure interest in and use of the various areas of this site and providing this information to advertisers together with information as to the number of users that have been exposed to or clicked on their banners
  2. The Customer further authorises SimpleWonder to collect personal information about the Customer from the Customer or any other source available to SimpleWonder including but not limited to credit referral agencies, the Customer's bank (present and past) and other suppliers or products and services to the Customer and other persons or companies with whom the Customer will have been associated.
  3. The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to SimpleWonder then his/her application for registration to Simplewonder.com may not be accepted.
  4. The Customer is aware that any personal information supplied by the Customer will be retained by SimpleWonder and will be accessible to SimpleWonder's employees and other persons or bodies corporate engaged by SimpleWonder for or in relation to any of the purposes listed in Clause 20 above, or to third parties as stated in Clause 21 and the Customer authorises SimpleWonder to disclose all or any part of any personal information provided by the Customer to such third parties.
  5. The Customer acknowledges that SimpleWonder shall retain all personal information supplied by the Customer and unless otherwise notified to SimpleWonder, may continue to contact the Customer with marketing information even after the Customer's registration is cancelled.
(13) PRIVACY & CONFIDENTIALITY
SimpleWonder DOES NOT sell, rent or lease its Customer lists to third party.
  1. Personal data held by SimpleWonder relating to its Customers or to visitors to this site will be kept confidential unless SimpleWonder has Customer's consent otherwise but SimpleWonder may provide this information to third parties including but not limited to SimpleWonder advertisers, associated companies or trusted contractors/agents or other network operators who perform certain tasks for SimpleWonder in connection with the provision of SimpleWonder's services to its Customers and to visitors to this site. All such third parties are prohibited from using Customer's personal data except to provide the requisite services to SimpleWonder and they are required to maintain the confidentiality of such data.
  2. Any questions, comments, suggestions or information other than personal data sent or posted to this site, or any part of this site by online Customers and visitors will be deemed voluntarily provided to SimpleWonder on a non-confidential and non-proprietary basis. SimpleWonder reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufactured and marketing of products and services and to meet Customer needs.
  3. SimpleWonder will disclose Customer's personal data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:-
  4. Comply with legal process served on SimpleWonder or the site;
  5. Protect and defend the rights or property of SimpleWonder; and
  6. Act under all circumstances to protect the personal safety of users of SimpleWonder, the SimpleWonder internet site or the public.
(14) SAFETY OF CUSTOMER'S DATA
All reasonable efforts are made by SimpleWonder to ensure that any personal data held by SimpleWonder and Simplewonder.com is stored in a secure and safe place and no unauthorised access will be made by SimpleWonder to Customer's computer or browser.

(15) HYPERLINKS
The Simplewonder.com may include hyperlinks to websites on the Internet that are owned or operated by third parties. Such linked websites are not under the control of SimpleWonder and SimpleWonder cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website.
Furthermore, the hyperlinks provided in this website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by SimpleWonder. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

(16) CONTENT
  1. All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, SimpleWonder disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site. SimpleWonder takes no responsibility and assumes no liability for the content of the site or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint. (See also without limitation the words in capitals below)
  2. We have made every effort to display as accurately as possible the colors of our products that appear at the Simplewonder.com. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
(17) MISCELLANEOUS
Unless otherwise specified and except to the extent SimpleWonder products are offered for sale in Singapore through this Simplewonder.com site, this site and the Contents thereof are displayed solely for the purpose of promoting SimpleWonder' products and services available in Singapore and selected foreign markets only. Simplewonder.com is controlled and operated by SimpleWonder from its office in Singapore.

(18) INACCURACY DISCLAIMER
From time to time there may be information on Simplewonder.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

(19) DISCLAIMER
The information and materials contained in or accessed through this website are provided on an "as is" and "as available" basis and are of a general nature which have not been verified, considered or assessed by any member of SimpleWonder in relation to the making of any specific investment, business, financial or commercial decision. Such information and materials are provided for general information only and you should seek professional advice at all times and obtain independent verification of the information and materials contained herein before making any decision based on any such information or materials.
SimpleWonder does not warrant the truth, accuracy, adequacy, completeness or reasonableness of the information and materials contained in or accessed through this website and expressly disclaims liability for any errors in, or omissions from, such information and materials. No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with such information and materials, or this website in general.
Under no circumstances shall SimpleWonder be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this website and/or using the online services even if SimpleWonder had been advised as to the possibility.
In no event shall SimpleWonder be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your use of this website, or reliance on any information, materials or online services provided at this website, regardless of the form of action and even if SimpleWonder had been advised as to the possibility of such damages.


Yours Faithfully,
The SimpleWonder Team(Singapore).

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