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Conditions of Use

Version: 1.0

Last Updated: 15/07/2020

This website, https://ourexpress.sg/ (“Site), is operated by Our Express Pte. Ltd. Throughout the Site, the terms “We”, “we”, “us” and “our” refer to Our Express Pte. Ltd. Our Express Pte. Ltd. offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms and conditions (“Conditions of Use”, “Conditions”) stated here.

By visiting the Site and/or purchasing a product or service from the Site, you engage in our service (“Service”) and agree to be bound by the Conditions of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Conditions of Use apply to all users of the Site, including without limitation users who are browsers, vendors (which have signed up with us to list their products and services on the Site, hereinafter referred to as “vendor” or “vendors”), customers, merchants, and/or contributors of content.

Please read these Conditions of Use carefully before accessing or using the Site. By accessing or using this Site, you agree with the terms and conditions set out in this Conditions of Use and any policies or operating rules posted by us on this Site (including without limitation the Shipping and Returns Policy and Privacy Policy), and such terms and conditions herein shall constitute a binding and enforceable agreement against you. In the event that you do not agree with any provision herein, please immediately cease all use of the Site. Any new features or tools which are added to the Site shall also be subject to the Conditions of Use.

You can review the most current version of the Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Conditions of Use by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - USAGE TERMS

You must be at least 18 years old to use the Site. In the event that you are under 18 and you wish to use the Site, please see consent from your parents or legal guardian.   We will not be howsoever whatsoever liable for any results or consequences arising from any prohibited use of the Site.  Except as represented to us based on the information provided to us, we are not able to verify nor monitor the age of users of the Site.   By using the Site, you represent and warrant that you are above 18 years of age, have the right, authority and capacity to enter into this Agreement, be fully bound by and abide by all of the terms and conditions of this Agreement. The headings used in this Conditions of Use are included for convenience only and will not limit or otherwise affect these Conditions.

SECTION 2 - GENERAL CONDITIONS

2.1 We reserve the right to refuse our Service to anyone for any reason at any time.

2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

3.1 We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

3.2 This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices and the terms for the products or services listed on the Site are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

5.1 Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policy.

5.2 We have made every effort to display as accurately as possible the colours and images of the products or services that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

5.3 We reserve the right, but are not obligated, to limit the sales of the products or services listed on the Site to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are listed on the Site. All descriptions of products or product pricing, or services or service pricing, are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any products or services made on this Site is void where prohibited.

5.4 Please note that all products or services listed on the Site are provided by vendors which have signed up on the Site and not supplied directly by us. We are not responsible for examining or evaluating the content or accuracy relating to the products or services listed by the vendor and we do not warrant and will not have any liability or responsibility for any vendor materials posted on the Site.

5.5 We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with vendors on the Site. Please review carefully the terms & conditions posted by the vendor (if any) and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding any product or service should be directed to the vendor.

5.6 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site or Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1 We reserve the right to refuse any order you place on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new Service and/or features through the Site (including, the release of new tools and resources). Such new features and/or Service shall also be subject to these Conditions of Use.

SECTION 8 - THIRD-PARTY LINKS

8.1 Certain content, products and services available via our Service may include materials from third-parties.

8.2 Third-party links on this Site may direct you to third-party websites that are not affiliated with us, even if such third party’s website or applications may be co-branded with ours by bearing our logo or name. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

8.3 We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices, terms and conditions of products and services, and make sure you understand them and agree before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Conditions of Use.

9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Service, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 INTELLECTUAL PROPERTY

10.1 All content, including any write-ups, diagrams, charts, layout, photographs and drawings, as displayed on the Site and in the related marketing materials (which shall include but is not limited to electronic mailers and banners) (“Materials”) made available to you are protected by copyright, design registrations, trade mark registrations and/or other intellectual property rights (whether owned by us or licensed to us).  You agree therefore that without our prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, sell, modify or create derivative works from, any part of the content found in the Materials.  We reserve our rights to take legal action against you for any such unauthorised use of our content and/or Materials.

10.2 All company names (including Our Express Pte. Ltd. and related corporations (as defined under the Companies Act of Singapore) and our vendors), logos, trademarks, service marks, brands ("Branding") represented in the Materials belong to Our Express Pte. Ltd. or to third parties who have agreed to display their Branding in the Materials.  You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without our prior written consent.

10.3 Except as expressly permitted by us in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble this Site (or any part thereof). Nor will you take any measures nor assist any third parties to interfere with or damage this Site, including but not limited to its functions, usability, accessibility and security. All rights not expressly granted by Our Express Pte. Ltd. in this Conditions are reserved.

SECTION 11 ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Site, Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Service or on any related website, should be taken to indicate that all information in the Site, Service or on any related website has been modified or updated.

SECTION 12 PROHIBITED USES

In addition to other prohibitions as set forth in the Conditions of Use, and without prejudice to any other rights and remedies we have under law, you are prohibited from using the Site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Service or of any related website, other websites, or the Internet;
  8. use meta tags or code or other devices containing any reference to the Side, Our Express Pte. Ltd. and related corporations (as defined under the Companies Act of Singapore) (or any branding, slogan, trade mark, trade name, service mark, or logo thereof) to direct any person to any other application or website regardless of purpose;
  9. to collect or track the personal information of others;
  10. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  11. for any obscene or immoral purpose; or
  12. to interfere with or circumvent the security features of the Site, Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Site, Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

13.1 WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

13.2 YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

13.3 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO OR PROCURED BY YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

13.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL OUR EXPRESS PTE. LTD. AND RELATED CORPORATIONS (AS DEFINED UNDER THE COMPANIES ACT OF SINGAPORE) AND ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, VENDORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS OR SERVICES PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES DELIVERED TO OR PROCURED BY YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Our Express Pte. Ltd. and related corporations (as defined under the Companies Act of Singapore) and any of their affiliates, partners, officers, directors, agents, contractors, licensors, vendors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Conditions of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. For more details, please see our Privacy Policy.

SECTION 16 - SEVERABILITY

In the event that any provision of these Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Conditions of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Conditions of Use are effective unless and until terminated by either you or us. You may terminate these Conditions of Use at any time by notifying us that you no longer wish to use our Service, or when you cease using the Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any Conditions or provision of these Conditions of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Conditions of Use shall not constitute a waiver of such right or provision. These Conditions of Use and any policies or operating rules posted by us on this Site (including without limitation the Shipping and Returns Policy and Privacy Policy) or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Conditions of Use). Any ambiguities in the interpretation of these Conditions of Use shall not be construed against the drafting party.

SECTION 19 – REMEDIES

No failure on our part to exercise, and no delay on our part in exercising, any right or remedy under this Conditions to Use 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 this Conditions to Use are cumulative and not exclusive of any rights or remedies provided by law.

SECTION 20 - GOVERNING LAW

These Conditions of Use and any separate agreements made between you and Our Express Pte. Ltd. in relation to the Service shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any action arising out of or relating to this Conditions of Use or your use of the Site must be commenced in in the Courts of Singapore (and you consent to the exclusive jurisdiction of those courts). 

SECTION 21 - CONTACT INFORMATION

Questions about the Conditions of Use should be sent to us at [email protected]