- These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) apply exclusively between EARTH LIFE ORGANICS (Company Registration No.: 53287608C), a company incorporated in the Republic of Singapore and having its registered office at 90 Carpmael Road, Singapore 429824 (hereinafter referred to as “ELO”), and any person over 18 years of age placing an order via ELO’s website www.earthlifeorganics.com (the “Website”), (hereinafter referred to as the “Customer” or “you” and collectively with ELO, the “Parties”).
- These General Conditions govern and apply to anyone accessing and/or using the Website, the relationship between the Parties and the supply of any product via the Website (“Product”) to you.
- Without prejudice to any other provision in these General Conditions, by using the Website or purchasing any Product, you represent, warrant and undertake (i) to accept, comply with, and be bound by these General Conditions; (ii) that you are over 18 years of age and have the legal capacity to abide by these General Conditions; and (iii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
- These General Conditions shall prevail notwithstanding any amendments by the Customer. Any amended conditions submitted, proposed or stipulated by the Customer, regardless of whether ELO has objected to them explicitly, are expressly waived and excluded.
- ELO reserves the right to amend, modify, update, change and/or otherwise alter these General Conditions at any time, without prior notice to you. You are strongly advised to read these General Conditions carefully and to check regularly for any updates, changes and/or modifications. As these General Conditions will govern all Orders, please review these General Conditions periodically and in any event each time you place an Order via the Website. If you do not agree to any change, update or modification to the General Conditions, you must immediately stop using the Website.
Submitting an Order
- A Customer who wishes to purchase a Product(s) shall place an order through the Website (“Order”). All Orders are subject to final acceptance by ELO and the availability of the Product(s).
- Prior to submitting an Order, the Customer shall set up an account via the Website. For the steps you need to take to place an Order via the Website, please refer to Clause 2.2 hereunder.
- The Order process allows you to check and amend any errors before finally submitting your Order to ELO. You are strongly advise to take your time to read and check your Order at each page of the Order process.
- By placing an Order, you are (i) offering to contract with ELO for the purchase of a Product(s) pursuant to these General Conditions, (ii) representing that you are over 18 years of age and have the legal capacity to form a binding contract, (iii) representing that you are an end user, and (iv) representing that all information provided to ELO in connection with such Order is true and accurate and that you are authorised to use the payment method you have provided for such Order.
- Once an Order has been placed, you will receive an e-mail from ELO acknowledging the receipt of your Order (“Acknowledgment of Order”).
- Prior to ELO’s acceptance of an Order, verification of information may be required. ELO reserves the right at any time upon receipt of your Order to accept or decline such Order, or any part thereof, even after your receipt of the Acknowledgement of Order, for any reason whatsoever.
- After the Order has been processed by ELO, the Customer will receive an e-mail confirming the Order (“Order Confirmation”)
- ELO may place a limit on the quantities that may be purchased per Order, per account, per credit card or per person which you will be informed of prior to ELO accepting your Order.
- ELO may, at its sole discretion, accept amendments to an Order after an Acknowledgment of Order or Order Confirmation, as the case maybe has been provided to the Customer.
How to place an order on the Website?
- The Customer will be required to complete several stages when placing an Order:
- add the desired Product(s) items to its shopping cart;
- select a delivery method;
- select a method of payment;
- make its payment;
- the Customer will then receive an e-mail to confirm ELO’s acknowledgment of the Order (“Acknowledgment of Order”) ; and
- after the Order has been processed by ELO the Customer will receive an e-mail confirming the ELO’s acceptance of the Order (the “Order Confirmation”);
- Once ELO has received cleared funds in full in relation to your Order, you will receive an e-mail from ELO confirming your payment (“Payment Confirmation”).
- Once the Order is ready to be shipped, ELO will send an order shipping email to the Customer (the “Dispatch Confirmation”).
Price and Payment
- Product prices will be stated on the Website. If ELO has a retail location in your country/region, the process, Product selection and promotions offered on the Website may vary at any time from what is available or offered in the retail locations.
- Product prices are subject to change at any time and without notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order.
- Prices are displayed in Singapore Dollars (SGD). ELO will undertake reasonable efforts to ensure that the final price paid by the Customer is the displayed price. However, depending on the country of delivery, additional taxes, duties, charges and/or fees may apply. In the event that such additional taxes, duties, charges and/or fees apply, they shall be borne by you.
- Prices displayed do not include delivery and/or freight costs which may be added to the amount of your Order and shown on the check-out page. Such delivery charges may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen.
- You shall pay for the Product in full upon submission of your Order. Payment for Orders may be made by way of (i) credit or debit card issued by a credit or debit card company acceptable to ELO or (ii) PayPal. ELO reserves the right to change the payment options at any time and for any reason.
- All credit/debit card transactions made on the Website are secured using the Secure Socket Layer (SSL) technology and payments are processed by PayPal.
- You undertake that all details you provide to ELO in connection with the Order will be correct, that the credit/ debit card or account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your Order. ELO reserves the right to obtain validation of your payment details before accepting our Order and/or providing you with the Products.
- If you are a Customer whose credit or debit card is not denominated in Singapore Dollars (SGD), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, ELO shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
- Once ELO has received cleared funds in full in relation to your Order, you will receive the Payment Confirmation.
- The Website contains a large number of Products. It is always possible that despite ELO’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If ELO discovers an error in the price of any Product you have ordered, ELO will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. ELO will not dispatch your Order until your instructions have been obtained. If ELO is unable to contact you using the contact details you have provided, ELO will treat the Order as cancelled and notify you in writing. If the Order is cancelled, ELO will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). For the avoidance of doubt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, ELO will not be under any obligation whatsoever to provide the Product to you at the incorrect (lower) price.
Acceptance of Order
- ELO shall not be obliged to supply the Products to you until and unless you have been provided the Order Confirmation. Until such time that the Order Confirmation is provided to you, ELO reserves the right to cancel your Order for any reason whatsoever, including but not limited to ELO having reasonable grounds to believe that you have and/or may have breached these General Conditions, unavailability of Products or the Products being purchased and not for your end use. In such an event, , ELO will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
- Your Order remains valid as an offer until you have been provided the Order Confirmation. Only after you have been provided the Payment Confirmation, will a contract be deemed to have been legally formed between ELO and you with the consequent obligation by ELO to supply you the Products.
- Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Dispatch Confirmation.
- The Customer is deemed to be the importer of the Products to the country of delivery and shall at all times be solely responsible for compliance with any and all applicable regulatory requirements in the country of delivery, which shall include but not be limited to (i) obtaining, at its own costs, such import licenses and other consents in relation to the import of the Products into the country of delivery, as are required from time to time, (ii) conducting all necessary testing and verification of the Products, including fitness for the intended purpose and (iii) any labelling requirements imposed on the Products.
- The Customer shall be responsible for all applicable taxes, duties, fees or other charges of any nature (including but not limited to local sales taxes, consumption, gross receipts, import, sales, stamp duties, turnover, use or value-added taxes and all items of withholding, deficiency, penalty, addition to tax, interest, or assessment related thereto, imposed by any governmental authority on the Customer) in relation to the purchase of the Products to the country of delivery.
- ELO will ship the Products DDU (Delivery Duty Unpaid) and will not collect any taxes, duties and/or fees and cannot predict what your particular charges may be. ELO will only charge you for the Products purchased and the delivery and/or freight charges involved. If your Order does incur additional charges, they must be paid by you in order for the Products to clear customs.
- Customs authorities require that ELO state the value of the Products directly on the package. Custom agents have the right to release or deny your Products, and in some cases, they may also delay delivery.
- WARNING : ELO SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE TO YOU IF THE PRODUCTS DO NOT COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATORY REQUIREMENTS IN THE COUNTRY OF DELIVERY.
- The Website is intended for use by Customers who reside in the country serviced by this Website and there may be limits on where ELO can deliver its Product(s).
- Estimated delivery dates of the Products will be indicated on the Dispatch Confirmation but are merely indicative in nature and under no circumstances are to be binding on ELO.
- ELO shall contact you if an estimated delivery date cannot be met but ELO shall in no circumstances be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- The Products shall be packaged in accordance with ELO’s standard packing procedures. ELO reserves the right to accommodate any specific packing instructions and in such cases, any additional charges shall be paid by the Customer before the Order Confirmation and/or Dispatch Confirmation, as the case maybe is provided.
- Products will be dispatched from ELO’s warehouse in Singapore on the account of and at the risk of the Customer upon issuance of the Dispatch Confirmation. ELO is free to choose the carrier, the forwarding company and the means of transport.
- As the risk of accidental loss of the Products purchased passes to the Customer upon ELO’s issuance of the Dispatch Confirmation, even if delivery is made carriage paid, ELO is not obliged to insure the Products, or to insure the Products against damage in transit.
- Unless otherwise expressly agreed by ELO, ELO will deliver your Products to the delivery address provided by you on the Order Confirmation. Upon delivery of your Product(s), you will be required to sign for delivery and if no-one is available to take delivery of your Products, ELO’s appointed carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
- The images of the Products on the Website are for illustrative purposes only. Although ELO has made every reasonable effort to display the colours accurately, ELO cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Products purchased may vary slightly from those images.
- ELO has made every reasonable effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. However, the Customer is warned that the content of the Website at given time be inaccurate or outdated. ELO reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
- The packaging of the Products may vary from that shown on images on the Website.
- Purchased Products can be returned to ELO for a refund subject to the following conditions:
- Product is damaged
- Product received does not match the product ordered
- Any open product cannot be returned due to hygiene reasons.
- The Customer shall be responsible for the costs of returning the Products. The Customer will also be responsible for the Products until they reach ELO’s warehouse and Products will be inspected by ELO upon return. In the event that the Products are returned to ELO in an unsuitable and/or unacceptable condition, ELO reserves its rights to reject the Products (the “Rejected Products”) and will then take steps for the Rejected Products to be shipped back. Any and/or all such costs and expense will be borne by the Customer.
- Provided that the Products are returned with reasonable care having been taken (no wear and tear or damage) and accepted by ELO, refunds will be processed within ten (10) to fourteen (14) working days after ELO receives the returned Products. ELO will offer you a refund based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
- In the event that you are returning the Products arising out of ELO’s default and/or error in delivering the correct Product to you or a Product has been mis-described on the Website ELO will offer you a refund based on your original mode of payment for the Order of the Product, inclusive of delivery charges (if applicable) and any reasonable costs incurred by you in returning the Product to ELO, provided always that the Product is returned with reasonable care having been taken (no wear and tear or damage), or may offer an exchange.
- The Customer can go to ‘My account’ and click on ‘Track my orders’ or Help section to contact customer services in order to request a return number (specify the reason).
- The Customer must package its item carefully and include the relevant return number(s) printed out from the Website or written on a loose sheet of paper.
- For the avoidance of doubt, ELO reserves its rights to reject any returned Products, regardless of the reason of return, if ELO deems the same to be not in a merchantable condition. In such an event, ELO will proceed to dispose of the same or alternatively, subject to you bearing the costs and expense, may at its sole discretion to return the Products to you.
ACCESS AND USE OF WEBSITE
Access to the Website
- Access to the Website is made available free of charge.
- ELO does not guarantee that the Website, or any content on it will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and ELO reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. ELO will not be liable to you if for any reason the Website is unavailable at any time or for any period.
Use of Website
- Unless otherwise specified, the Website is solely for your personal and non-commercial use and you agree that you are only authorised to visit, view and retain a copy of any information or services obtained from the Website for informational use. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.
- You may not use the Website:
- in any way that breaches any applicable law, regulation or rule;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- 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.
Member Account and Password
- If you choose to create an account on the Website, you must complete the registration process by providing ELO with current, complete and accurate information. You are responsible for all use of your account and for keeping your user name and password confidential.
- You agree to notify ELO immediately if you know of or suspect any unauthorised use of your account or any other breach of security.
- All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “Content”) are owned by ELO, its associated companies and/or a third party (which may be indicated by a link to or from an external source, or otherwise).
- Content on the Website is for general information purposes only and is not binding on ELO in any way except to the extent that it is specifically indicated to be so. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
- The use of and reliance on any Content on the Website is at your own risk and under no circumstances will ELO be liable for any Content or for any loss or damage of any kind suffered as a result of your use or reliance of any Content made available on the Website.
- ELO makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. ELO reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice to you.
- The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of ELO and ELO is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by ELO of the website. Your use of such third party website is at your own risk and may be subject to that third party’s terms and conditions.
Intellectual Property Rights
- ELO and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to ELO or its associated companies’ trademarks, Products or business activities.
- Except as expressly permitted by ELO, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content
- ELO does not claim ownership of the content you provide to ELO (including comments, feedback, ratings, suggestions) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, “User-Generated Content”).
- Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and ELO will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing notice to you.
- ELO has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and ELO will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other user of the Website.
- You agree that any User-Generated Content that you post, upload or submit to the Website:
- is accurate (where they state facts);
- is genuinely held (where they state opinions); and
- complies with applicable laws in the country from which they are posted.
- You agree that you shall not post, upload or submit to the Website, any User-Generated Content that:
- is not related to appropriate subject matters;
- is misleading to others;
- contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- infringes any third party intellectual property rights;
- is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
- promotes violence;
- promotes any illegal activity;
- is likely to deceive any person;
- is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.
- You have the right to remove any User-Generated Content which you have posted, uploaded or submitted.
- The User-Generated Content does not represent ELO’s views, opinions, advice, values or beliefs and ELO makes no claim of accuracy of any such User-Generated Content.
- ELO will determine, in its own discretion, whether there has been a breach of this Clause 7 through your use of the Website and reserves the right to take any such action as ELO deems appropriate, including but not limited to the following actions:
- immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason;
- immediate, temporary or permanent withdrawal of your right to use the Website;
- issue of a warning to you;
- 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; or
- further legal action against you.
DISCLAIMER AND LIMITATION OF LIABILITY
- ELO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ERRORS, MISTAKES OR INACCURACIES OF THE PRODUCTS, CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS (WHETHER PROVIDED BY ELO DIRECTLY OR BY THIRD PARTIES APPOINTED BY ELO) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (C) ANY PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM A CUSTOMER’S ACCESS TO AND USE OF OR RELIANCE ON ANY PRODUCTS, CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE(S), (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES PROVIDED ON THE WEBSITE AND OR LINKED THIRD PARTY WEBSITE(S), (E) ANY 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 TRANSMITTED THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE(S) AND/OR (F) ANY ERRORS OR OMISSIONS IN THE CONTENT, USER-GENERATED CONTENT, INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE WEBSITE (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY NATURE INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY OF THE FOREGOING.
- THESE GENERAL CONDITIONS SET OUT THE FULL EXTENT OF ELO’S OBLIGATIONS AND LIABILITIES IN RESPECT OF THE SUPPLY OF THE PRODUCTS AND THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON ELO EXCEPT AS EXPRESSLY STATED IN THESE GENERAL CONDITIONS.
- WITHOUT PREJUDICE TO ANY OTHER PROVISION IN THESE GENERAL CONDITIONS AND EXCEPT TO THE EXTENT REQUIRED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF ELO, ELO’S EMPLOYEES, OFFICERS, SUB-CONTRACTORS OR AGENTS FOR ANY ACT OR OMISSION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THESE GENERAL CONDITIONS SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO ELO IN RESPECT OF THE PRODUCT(S) IN QUESTION.
- ELO SHALL NOT BE LIABLE TO THE CUSTOMER FOR:
- ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE;
- LOSS OF DATA OR OTHER EQUIPMENT OR PROPERTY;
- ECONOMIC LOSS OR DAMAGE;
- ANY LIABILITY INCURRED BY THE CUSTOMER FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER SUFFERED BY THIRD PARTIES (INCLUDING IN EACH CASE INCIDENTAL AND PUNITIVE DAMAGES); OR
- ANY LOSS OF ACTUAL OR ANTICIPATED PROFIT, USE, OPPORTUNITIES, INTEREST, REVENUE, ANTICIPATED SAVINGS, BUSINESS OR DAMAGE TO GOODWILL, EVEN IF ELO IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
- ELO SHALL NOT BE LIABLE FOR LOSSES ARISING FROM THE CUSTOMER’S SUBSEQUENT MISUSE OF THE PRODUCTS INCLUDING BUT NOT LIMITED TO
- FAIR WEAR AND TEAR;
- WILFUL DAMAGE, ABNORMAL STORAGE OR WORKING CONDITIONS, LACK OF PROPER MAINTENANCE, ACCIDENT, NEGLIGENCE BY THE CUSTOMER OR BY ANY THIRD PARTY;
- FAILURE TO INSTALL, OPERATE OR USE THE PRODUCTS IN ACCORDANCE WITH THE USER INSTRUCTIONS, SPECIFICATIONS OR CONDITIONS MADE AVAILABLE TO THE CUSTOMER BY ELO; OR
- ANY ALTERATION OR REPAIR BY THE CUSTOMER OR A THIRD PARTY WHO IS NOT ONE OF ELO’S AUTHORISED REPAIRERS.
- ANY PRODUCTS, CONTENT, USER-GENERATED CONTENT AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE IS DONE AT THE CUSTOMER’S OWN DISCRETION AND RISK AND THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR ELECTRONIC DEVICE, OR ANY LOSS OF DATA THAT RESULTS THEREFROM.
- USE AND RELIANCE UPON ANY AND ALL OF THE PRODUCTS, CONTENT, USER-GENERATED CONTENT IS AT THE CUSTOMER’S OWN DISCRETION AND RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS MAY EXPRESSLY BE STATED HEREIN, ELO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS, CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER ITEMS OR MATERIALS MADE AVAILABLE OR LINKED TO FROM THE WEBSITE.
- The Customer shall keep ELO fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by ELO, its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:
- any claim made by any third party due to or arising out of any Content posted by the Customer on the Website;
- any actual or alleged breach or non-performance or non-observance of any of the Customer’s obligations or warranties under these General Conditions, or otherwise arising in any way out of the Customer’s use of the Website or purchase of the Products; or
- any infringement or misappropriation by the Customer of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Website or purchase of the Products.
- A “Force Majeure Event” means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event
- ELO shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure Event PROVIDED ALWAYS THAT:
- as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and
- no obligations of ELO which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence.
- Where the Force Majeure Event affects ELO’s delivery of Products to the Customer, ELO will arrange a new delivery date with the Customer after the Force Majeure Event is over.
- For all Customer related enquiries, refer to the Contact Us page.
GENERAL LEGAL PROVISIONS
- The Customer shall not, without the prior written consent of ELO, assign, transfer, charge or otherwise deal in any other similar manner with all or any of its rights under these General Conditions, subcontract any or all of its obligations under these General Conditions, or purport to do any of the same.
Remedies and Waivers
- No failure on the part of ELO to exercise, and no delay on its part in exercising, any right or remedy under these General Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in under these General Conditions are cumulative and not exclusive of any rights or remedies provided by law. If ELO does waive a default by the Customer, it will only do so in writing.
- The illegality, invalidity or unenforceability of any provision of these General Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
- All covenants, undertakings and other obligations given or entered into by the Parties are given or entered into severally unless the context otherwise requires.
No Rights of Third Parties
- A person who is not a party to these General Conditions has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of these General Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
- These General Conditions shall be governed by and construed in accordance with the law of the Republic of Singapore and the courts of the Republic of Singapore shall have exclusive jurisdiction.