Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires:
- a. The following terms and expressions shall have the following meanings:
- “Feedback Form” means the form prescribed by Aspial, as varied or amended from time to time, on this Site for the purposes of allowing persons visiting the Site to submit their feedback and queries to Aspial;
- “Aspial” means Aspial Corporation Limited or its assignees or nominees;
- “Products” means the products or merchandise featured on the Site from time to time and “Product” shall mean any one of the Products;
- “Site” means the web site on the Internet with the URL address http://www.aspial.com containing a collection of HTML documents for public access through the Internet or from other web sites on the Internet which are linked to this URL address;
- “Terms and Conditions” means the terms and conditions set out in the Site as amended, modified or supplemented by Aspial from time to time;
b. Words connoting the singular shall include the plural and vice versa and words connoting one gender shall include all genders. The clause headings herein are used for convenience only and shall not affect the interpretation of the provisions of these Terms and Conditions;
- c. References to natural persons shall include bodies corporate and vice-versa;
- d. The word “person” includes any company or association or body of persons, corporate or incorporated.
Acceptance of Terms and Conditions
By accessing, browsing and/or using the Site, you agree to be bound by the Terms and Conditions and to comply with all applicable laws and regulations. You also agree not to change, amend or modify any of the contents of the Site, save as directed herein.
a. Aspial reserves the right to revise the Terms and Conditions at any times in such a manner as Aspial shall, at its sole discretion, determine.
b. All typographical and clerical errors in any quotation in the Terms and Conditions or on the Site shall be subject to correction by Aspial.
Representation and Warranty
a. You warrant and undertake to comply with all applicable laws and regulations in relation to the use of the Site and confirm that you have read, understood and agree unconditionally to be bound by the Terms and Conditions.
b. Aspial shall not be liable or responsible in any manner whatsoever for any breach, non-compliance or infringement of any laws, rules and regulations governing the use of the Site, caused by or attributable to you. You warrant to fully and effectively indemnify and hold Aspial harmless against any claim, damages or losses (including legal costs on an indemnity basis) directly or indirectly suffered by Aspial as a result of your breach, non-compliance or infringement thereof.
a. All communications made by Aspial on the Site are invitations to treat only. In the event that an order is made on a Feedback Form, such order represents an offer to contract from you only and is not binding until acceptance is communicated to you by our customer relations executive. Aspial reserves the right to refuse any and all offers made by you for any reasons whatsoever (including, without limitation, the change in pricing or availability of any relevant Product(s)).
b. Prices and availability of the Products are subject to change at the full and absolute discretion of Aspial.
c. The Terms and Conditions are in lieu of any warranties or guarantees, terms or conditions expressed or implied by law as owing by Aspial.
d. You agree that the Products on the Site may be re-priced, withdrawn, discontinued, revised or amended at any time and at the sole discretion of Aspial.
e. You further agree that the Product as described and/or depicted on the Site may vary with the actual Product.
Exclusion of Liability
Aspial shall not in any circumstances or for any reason whatsoever be liable (to the extent permissible by the applicable laws) for any losses, damages, costs, expenses, including without limitation, direct, indirect, special or consequential damages or economic loss arising from any such failure to perform its obligation hereunder by reason of an electronic, electrical, mechanical, computer, computer-related or other failure, or any error, omission, interruption or delay in its operations or service, or from or in connection with the Site or the use thereof.
Aspial respects the privacy of any information supplied by you on the Site. Apsial will use its reasonable endeavours to ensure the security of such information provided by you in accordance with normal commercial standards but you acknowledge and agree that Aspial shall not be liable to you for any losses and damages whatsoever arising from any unauthorised access or use of such information. Aspial does not guarantee that such information will be secured during transmission to its web server.
You agree to indemnify and hold Aspial harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever (including, without limitation, claims made by third parties and claims for defamation, infringement of intellectual property rights, breaches of contract, death, bodily injury, wrongful use of computers, unauthorised or illegal access to any computers (including, but not limited to, hacking, property damage or pecuniary losses) which Aspial may sustain, incur, suffer or pay arising out of, in connection with or pursuant to the Terms and Conditions, your use of the Site or any act be done by you or your omission thereof.
Variation and Waiver
a. Aspial reserves the right to vary, amend or supplement the Terms and Conditions at any time without notice by updating this posting.
b. Without limiting the generality of the foregoing, the Terms and Conditions may be varied, supplemented or amended only if Aspial so agrees in writing. Any provisions of the Terms and Conditions may be waived only if Aspial so agrees in writing, provided that such waiver may be given subject to conditions thought fit by Aspial and shall be effective only in the instance and for the purpose for which is given.
c. No failure on the part of Aspial to exercise, and no delay on its part in exercising, any right or remedy under the Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude other or further exercise of any right or remedy. The rights and remedies provided in the Terms and Conditions are cumulative and not exclusive of any other rights or remedies provided by law.
The rights and obligations under the Terms and Conditions shall not be capable of assignments by you and shall be binding on and inure for your benefit or your successors and permitted assigns.
If at any time any one or more of the provisions hereof or part thereof is or shall become invalid, illegal or unenforceable in any respect under any law to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
Governing Law and Jurisdiction
The Terms and Conditions are governed by, and construed in accordance with, the laws of the Republic of Singapore and Aspial and you hereby submit to the non-exclusive jurisdiction of the Singapore courts.