In this Agreement ("Agreement"), "you" and "your" refer to each user of the Service ("User") and "we", "us" and "our" refer to
KiKUZE Solutions Pte Ltd ("KiKUZE"). This Agreement explains our obligations to you and your obligations to us in relation to your use of our services.
The network of Web Sites and its services (collectively, the "Service"), is operated by KiKUZE Solutions Pte Ltd or its affiliates or subsidiaries,
comprised of various Web sites and Web pages. The Service is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Service constitutes your agreement to all such terms, conditions, and notices. Your use of
a particular KiKUZE website included within the Service may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms").
Additionally, our Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and
notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular KiKUZE website, then these terms
shall control.
Please read this Agreement carefully prior to using the Service. This Agreement may be updated from time to time by KiKUZE with or without notice.
You are responsible for regularly reviewing the Agreement.
1. |
TERM |
1.1 |
This Agreement is applicable to you upon your accessing the site, using the Service and/or completing the member registration or shopping process. |
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2. |
LEVEL OF SERVICES |
2.1 |
During the Term, KiKUZE shall ensure that you shall have access to the Service and that the Service shall meet the Service Levels. |
2.2 |
KiKUZE shall use its best endeavours to maintain continuous improvements in service standards and to implement technology improvements where deemed appropriate by us in our sole and absolute discretion. |
2.3 |
KiKUZE's deliverance of the above level of Services is subject to the following : |
2.3.1 |
the User's Internet browser and relevant equipment has been tailored to suit the frame of the site for best resolution; |
2.3.2 |
the User practices full forbearance and co-operation to KiKUZE staff and webmasters during technical support or other related services; and |
2.3.3 |
the User allows reasonable time for maintenance and/or update of the site to keep information of the site and related services current and efficient for User. |
3. |
CONSIDERATION |
3.1 |
In consideration of KiKUZE's providing the Service, you shall be committed to prompt payment to KiKUZE for all products and services bought online by you. |
3.2 |
The User is fully responsible for the confidentiality of your credit card and also accept full responsibility for all activities using your credit card. KiKUZE, with this foreknowledge, shall exact out a strict credit card policy as stated below; |
3.2.1 |
When you are ready to check out your orders, you will be asked to input your credit card information. All the information inputted will be transmitted |
3.2.2 |
KiKUZE shall, in its relationship with all other parties, take reasonable steps to ensure that User's information and data are kept confidential on the terms set out in KiKUZE's Privacy policy. However, the User acknowledges and agrees that the complete confidentiality of the User's data transmitted while using the Service cannot be guaranteed and these activities are conducted at the User's own risk. |
3.3 |
KiKUZE reserves the right, at any time, to change its fees and billing methods, including the addition of supplemental fees |
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4. |
INDEPENDENT CONTRACTOR |
4.1 |
The Parties acknowledge and agree that :- |
4.1.1 |
the Parties are contracting as independent contractors in relation to their respective businesses; |
4.1.2 |
each Party will not, as a result of this Agreement, be carrying on business jointly or deriving any return or profit jointly; |
4.1.3 |
the Parties are not carrying on any business in partnership and nothing in this Agreement constitutes them as partners of each other for the purposes of the general law or any statute (including without limitation a statute relating to a partnership or taxation); and |
4.1.4 |
except as expressly provided in this Agreement, each Party is not the agent of the other and neither of them has any power or authority to enter into any commitment or to bind the other, or both of them together or to pledge the credit of the other. |
5. |
USER'S DATA |
5.1 |
You agree to (a) provide true, accurate, current and complete information about the User during the Membership Registration Process (such information being the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or KiKUZE has reasonable grounds to suspect that such information is untrue, inaccurate, not |
5.2 |
KiKUZE will use reasonable efforts to assign to the User the selected UserIDs and passwords that you select. However KiKUZE reserves the right to reject or terminate use of a UserID if it has been previously assigned to another User or if KiKUZE in its sole discretion determines (a) the UserID is offensive or its use violate applicable law, (b) the User has selected or is using a UserID of another party with the intent to impersonate that party or (c) the UserID contains, may interfere or be confused with, violate, exploit, or capitalise on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of any party. |
5.3 |
The User is solely responsible for maintaining the confidentiality of the UserIDS, the passwords, the Site and the information stored on the Site (collectively, the |
5.4 |
KiKUZE shall, in its relationship with all other parties, take all reasonable steps to ensure that the User's information and data are kept confidential on the terms set out in KiKUZE's Privacy Policy. However, the User acknowledges and agrees that the complete privacy of the User's data transmitted while using the Service(s) cannot be guaranteed and these activities are conducted at the User's own risk. |
6. |
TERMINATION |
6.1 |
The User agrees and acknowledges that KiKUZE, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or part of the Services, UserID, any password, registration, any part or all of the Site, and/or the User's access to and use of any part or all of the User's personally, identifiable information (collectively "Personal Information"), Registration Information, Site Information, the Services and/or the Site, and/or the User's rights under these Terms all at any time, with or without cause and for any reason, including without limitation if: |
6.1.1 |
KiKUZE believes that the User has violated or is threatening to violate these Terms or other policy of KiKUZE, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive or illegal activity; or |
6.1.2 |
KiKUZE believes that the User has accessed or is attempting to access any part of the Services or Content without authorisation, or the Site, or Registration Site or Personal Information of any other User. |
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KiKUZE reserves the rights to investigate the validity of any complaint presented to it, which alleges that any site has been used to conduct fraudulent, |
6.2 |
Either party may forthwith terminate this Agreement by giving written notice to the other party if: |
6.2.1 |
the other party becomes insolvent or if a liquidator, receiver, manager, administrator or trustee in bankruptcy of the other party |
6.2.2 |
the other party commits a breach of any term of this Agreement. |
6.3 |
The expiration or termination of this Agreement will have no effect on any rights or liabilities |
6.4 |
A termination described in clause 6.1 may be made with or without notice and will be effective immediately. |
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7. |
ACCESS TO SERVICES |
7.1 |
KiKUZE will make commercially reasonable efforts to keep the Site operational and ensure that access to the Site is available on a daily 24/7 basis |
7.2 |
To use the Service(s), the User must obtain and pay all fees for access to the World Wide Web and provide all equipment necessary to make |
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8. |
PRIVACY POLICY |
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KiKUZE respects the privacy of its User. The KiKUZE Privacy Policy may be amended at any time at our sole discretion. |
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9. |
USER'S RESPONSIBILITIES |
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All Site Information, Registration Information, Personal Information and other information stored, publicly posted or privately transmitted |
a. |
upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any Site Information, Content or other information
or libellous, or promotes such activity; (ii) that (or the transmission, distribution, publication or dissemination of which) infringes any patent, |
b. |
provide inaccurate, incomplete, outdated or misleading Registration Information or e-mail addresses, create a false identity or manipulate |
c.
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modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new or derivative works from, licence, distribute, |
d.
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interfere with or disrupt any advertising, "banner ads", links or click-through URLs provided through the Services, the Services, or servers |
e. |
interfere with another User's use and enjoyment of the Services, Content, other Sites, Registration Information, Site Information |
f. |
attempt to gain unauthorised access to the Services, Content, other Sites, Registration Information, Site Information or Personal Information, |
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KiKUZE does not monitor any information transmitted through the Services, Site Information or use thereof except to the limited extent permitted |
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10. |
INTELLECTUAL PROPERTY RIGHTS |
10.1 |
Other third party content providers. Content received through the Service may be used for your personal, non-commercial use only. |
10.2 |
The User acknowledges that nothing in this Agreement shall be deemed to be a transfer by KiKUZE to the User of any interest whatsoever |
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11. |
TRADEMARK INFORMATION |
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The KiKUZE®, Focoltone®, Color OK!™ names and logos are trademarks of KiKUZE Solutions Pte Ltd. All other trademarks and logos |
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12. |
EXTERNAL SITES |
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This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to you. These |
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13. |
WARRANTY AND DISCLAIMERS |
13.1 |
THE SERVICES, CONTENT, SITE, THIS WEBSITE, LINKED SITES, SERVERS, STORAGE FACILITIES, AND ALL INFORMATION, SERVICE |
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(A) |
WARRANTIES OF MERCHANTABILITY, FIT FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; |
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(B) |
ANY WARRANTIES THAT THE SERVICES AND/OR CONTENTS WILL MEET THE USER'S REQUIREMENT OR EXPECTATION, OR |
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(C) |
ANY WARRANTIES CONCERING THE USE OR THE RESULTS OF USE OF ANY OF THE SERVICES AND CONTENTS. |
13.2 |
THE USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS MEMBER'S USE OF THE SERVICES AND CONTENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL KIKUZE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUTIIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH: |
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(A) |
PERFORMANCE, USE, INABILITY TO USE, MISUSE OR PROVISION OF THE SERVICES AND/OR CONTENTS, OR ANY FAILURE, |
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(B) |
ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR INFORMATION IN THE SERVICES; |
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(C) |
FAILURE TO BACKUP OR STORE, LOSS OF ACCESS, DELETION OR UNAUTHORISED ACCESS TO OR ALTERATION OR USE OF THE SERVICES OR THE CUSTOMER'S TRANSMISSION, DATA OR PERSONAL, REGISTRATION OR SITE INFORMATION; |
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(D) |
ANY LOSS OR INTERRUPTION OF DATA, TRANSMISSION, PERSONNAL OR SITE INFORMATION RESULTING FROM NETWORK, SERVER OR SYSTEM OUTRAGES, FILE CURRUPTION OR ANY OTHER REASON; |
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(E) |
ANY INFRINGEMENT OF RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS); |
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(F) |
STATEMENTS OR CONDUCT OR ANY PARTY USING THE SERVICES; OR |
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(G) |
ORDER FULFILLMENT, CUSTOMER SERVICE, BILLING OR ACCOUNT COLLECTION BY A THRID PARTY PROVIDER, WHETHER |
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14. |
LIMITATION OF LIABILITY |
14.1 |
The Parties agree that in the event of any claim or claims against KiKUZE by the User for any neglect or default or any other matter or thing whatsoever or howsoever arising, the maximum amount payable by KiKUZE in respect of such claim or claims shall be the aggregate amount paid by the User to KiKUZE under the terms and conditions of this Agreement prior to such claim or claims. |
14.2 |
Notwithstanding Clause 14.1 or anything to the contrary in this Agreement, KiKUZE shall not in any circumstance be liable to the User or any other person by reason of any representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this Agreement, for any consequential loss or damage (whether for loss of profits or otherwise and whether occasioned by the negligence of KiKUZE or its employees or agents or otherwise) arising out of or in connection with any act or omission of KiKUZE relating to the supply of the Services and the use thereof by the User or by any third party. |
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15. |
MISCELLANEOUS |
15.1 |
Notices by either party must be given by registered letter or by facsimile message addressed to the other party at (in the case of a company) its registered office for the time being and (in the case of an individual) his last known address or sent to their respective facsimile numbers set out above and any such notice given by letter or facsimile shall be deemed to have been given at the time at which the letter or facsimile would be delivered in the ordinary course of post or transmission as the case may be. |
15.2 |
The expiration or termination of this Agreement howsoever arising shall not operate to affect such of the provisions hereof which in accordance with their terms are expressed to operate or have effect after the expiration or termination of this Agreement. |
15.3 |
This Agreement is in substitution for all previous contracts between the parties (if any) which shall be deemed to have been terminated by mutual consent as from the date on which this Agreement commences. |
15.4 |
This Agreement constitutes the entire agreement between the parties with respect to the subject matters hereof and there are no representations, understandings or agreements relative hereto which are not fully expressed herein. |
15.5 |
In the event that any term condition or provision of this Agreement is held to be in violation of any applicable law statute or regulation the same shall be deemed |
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16. |
DISPUTE & JURISDICTION |
16.1 |
This Agreement shall be governed by and be construed in accordance with the laws of Singapore and the parties hereto submit to the non-exclusive jurisdiction |
16.2 |
In the event of any dispute, the Parties shall first attempt to resolve it amicably through private means. Failing this the Parties shall refer the dispute to the Singapore Mediation Centre for mediation prior to commencement of any legal proceedings. |
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