1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2 APPLICATION OF TERMS TO ORDERS OF GOODS
2.1 Without limiting clause 1.1, these Terms include our terms of trade which govern any purchase you make of our Goods from us via the Website. These Terms do not apply to any purchase of Goods you make via a third party.
2.2 We currently supply Goods into the Listed Countries only. We are not able to accept orders from, or supply Goods to, places outside the Listed Countries.
2.3 Where you place an order for any of our Goods:
a. you agree that you are bound by these Terms in relation to that order, subject to our acceptance of that order;
b. we are not bound by that order until we have accepted it; we reserve the right to accept or reject your order for any reason, including, without limitation, the unavailability of any Goods, an error in the price or the description of Goods on this Website, or an error in your order;
c. our acceptance of your order occurs when we issue you a confirmation email that we have dispatched the Goods that you have ordered
d. orders accepted by us may not be cancelled or altered in whole or in part by you without prior written consent from us;
e. we may decline by notification to you, any order in whole or in part, at any time prior to delivery of the Goods. If we do so, we will be under no obligation in respect of the order (other than to refund your payment in accordance with clause 6.5a);
f. you warrant that:
i you are 18 years old or more; and
ii you are located in, and accessing the Website from, one of the Listed Countries
3.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
3.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
3.3 These Terms were last updated on 16 March 2016.
In these Terms:
Account ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
Business Day means any day that is not a Saturday, Sunday or observed as a public holiday in Singapore
Force Majeure means an event that is beyond our reasonable control
Goods means our goods advertised on the Website, or those goods for which you have placed an order via the Website, as the context requires
GST means goods and services tax, value added tax, sales tax or equivalent tax payable under any applicable law
including and similar words do not imply any limit
Listed Countries means Indonesia only
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal data means information about an identifiable, living person
Price means the listed price for the Goods (other than in the case of obvious error)
Terms means these terms and conditions titled Peak Performance Apparel
Third Party Charges means any fees charged by third parties in relation to your transaction, including any other taxes, duties or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees and foreign currency conversion fees
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
We, us or our means Peak Performance Pte Limited, a limited exempt private company of 15 Hoe Chiang Road, #12-02 Tower Fifteen, Singapore
Website means the website at www.templeproject.cc
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
5 YOUR OBLIGATIONS
5.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
5.2 If you are given an Account ID, you must keep your Account ID secure and:
a not permit any other person to use your Account ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any unauthorised use or disclosure of your Account ID, by sending an email to email@example.com.
5.3 You must:
a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
5.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to firstname.lastname@example.org.
5.5 To the extent permitted by law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your Account ID. This indemnity does not apply to the extent that the Loss we suffer or incur is as a result of our negligence or breach of these Terms.
6 PURCHASE OF GOODS
6.1 Price and payment: On placing an order for Goods with us, you are legally bound to complete that purchase, subject to our acceptance. On placing an order, you must pay:
a. the Price and any stated handling and delivery charges for those Goods;
b. GST on any taxable supplies; and
c. any Third Party Charges.
6.2 Mechanism: We accept payment via credit card, bank transfer and Paypal transfer only.
6.3 Confirmation: On placing an order for Goods with us, we will send you confirmation of our acceptance of your order (as referred to in clause 2.3c) to the email address that you provided to us when inputting your information during the checkout process. Nothing in these Terms obliges us to accept any order (including where any Goods have been discontinued or are out of stock).
6.4 Availability: Our obligation to provide you with the Goods is subject to our receipt of the total amount payable in relation to your order for the Goods, in accordance with these Terms.
6.5 Refunds: We will refund to you an amount that you have paid to us, other than any Third Party Charges, only:
We will remit any amounts payable by us to you by crediting the credit card or account from which your payment was made.
6.6 Recovery of debts and other Loss:
a. You indemnify us for all Loss, including any costs of debt recovery, incurred by us as a result of your failure to pay any amount payable by you under these Terms.
b. You indemnify us for all Loss, including any storage costs, incurred by us as a result of your failure to take delivery when the Goods are made available to you.
6.7 Insurance, etc. You must arrange and pay for all costs associated with the carriage and insurance of any Goods you purchase.
a. Orders are delivered by the method of delivery offered by us and selected by you during your finalisation of your order via the Website.
b. Deliveries within Indonesia will be carried out by RPX, JNE or a similar logistics provider.
c. You should allow at least 3 business days from the date that we email confirmation of receipt of your order to the time of delivery of the Goods. Any time stated for delivery is an estimate only. We are not liable to you or any other person for any failure to meet a stated time for delivery and any such failure does not affect your obligation to pay for the Goods.
d. If you request us to deliver the Goods to another person, that person takes possession of those Goods as your agent and you remain fully liable to us under these terms and conditions despite delivery to that other person.
7 INTELLECTUAL PROPERTY
7.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
7.2 We (and our licensors) own all proprietary and intellectual property rights in the Goods and in any underlying designs and technology.
7.3 You must not copy, reproduce, adapt, translate, reverse-engineer or make derivative works from the whole or any part of:
a. the Website or the Underlying Systems; or
b. the Goods or their underlying designs or technology.
8 DEFECTIVE PRODUCTS
8.1 Where you have purchased any Goods that do not meet the requirements of these Terms or any conditions, warranties or guarantees implied at law and for which we cannot exclude liability we will, at our cost, repair or replace the defective Goods, or refund or offer to you a reduction in the Price, in accordance with our rights and responsibilities at law.
8.2 You acknowledge that:
a. any repair, replacement or refund under clause 8.1 is conditional on you returning the Goods to us; and
b. we may not be obliged to offer any of the remedies set out in clause 8.1 unless you have made reasonable efforts to prevent any loss of the Goods and any further damage or deterioration of the Goods from their current condition.
8.3 Where you reasonably believe that you have purchased any Goods that are defective, contact us by sending an email to email@example.com and we will arrange with you the process for:
a. returning the Goods to us; and/or
b. determining if the Goods are defective; and/or
c. providing you with any remedy to which you may be entitled.
9.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. the Website being unavailable (in whole or in part) or performing slowly;
b. any error in, or omission from, any information made available through
c. h the Website;
d. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
e. any site linked from the Website, or any feature made available by third parties (including features provided by our payment service providers) in relation to the Website. Any link on the Website to other sites, and any associated third party feature, does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or features or their contents, operations, products or operators. You must ensure you comply with any applicable third party terms governing the use of any such sites or features.
9.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
10.1 To the maximum extent permitted by law:
a. you access and use the Website at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
10.2 To the maximum extent permitted by law, all conditions, guarantees and warranties whether expressed or implied by statute or otherwise in connection with these Terms, or in connection with the Website, your access and use of (or inability to access or use) the Website, or in connection with any Goods, are expressly excluded.
10.3 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Singapore Consumer Protection (Fair Trading) Act or any other applicable consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the price you have paid for the Goods in question or SGD100, whichever is the greater.
10.4 To the maximum extent permitted by law and only to the extent clauses 10.1 to 10.3 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, your access and use of (or inability to access or use) the Website, or in connection with any Goods, is limited to SGD100.
10.5 Nothing in these Terms applies to limit our liability under or in connection with these Terms for:
11.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we will need to have certain contact information in order to set up an account for you.
12 SUSPENSION AND TERMINATION
12.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
12.2 You may terminate your account with us at any time by sending an email to us at firstname.lastname@example.org.
12.3 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
13.1 Before taking any court action, you and we must use best efforts to resolve any dispute under, or in connection with, the Agreement, including non-contractual claims, through good faith negotiations.
13.2 Each party must, to the extent possible, continue to perform its obligations under these Terms even if there is a dispute..
13.3 This clause 13 does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
14.1 We will not be liable to you for any failure to perform our obligations under the Terms to the extent caused by Force Majeure.
14.2 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
14.3 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of Singapore. Each party submits to the non-exclusive jurisdiction of the courts of Singapore in relation to any dispute connected with these Terms or the Website.
14.4 For us to waive a right under these Terms, the waiver must be in writing.
14.5 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.5, 6, 7, 8, 10, 13.1, continue in force.
14.6 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
14.7 These Terms set out everything agreed by the parties relating to your use of the Website and any purchase of Goods, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
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