(1) DEFINITIONS AND INTERPRETATION
“Conditions“: The terms and conditions contained herein and any amendments from time to time, as published on the Site.
“Personal Data“: Data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Clubpets E-Store“, “we“, “our” and “us” : Clubpets E-Store .
“Site“: Both the mobile and web versions of the website located at www.clubpets.com.sg
“you” or “your“: Individuals who are 18 years of age or older, or otherwise under the supervision of a parent or legal guardian.
(a) The headings in these Conditions are inserted for convenience only and shall not affect the interpretation of these Conditions.
(b) Unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter).
(c) Any reference to conduct includes without limitation, an omission, statement or undertaking, whether or not in writing.
(2) ACCESS AND USE OF THE SITE
(a) if you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the services, information and functions made available on the Site or purchase of any product, good or merchandise (including any part thereof) made available for sale on the Site; and (iii) your acceptance and compliance with these Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Site;
(b) you will not copy or distribute any part of the Site in any medium without our prior written authorisation; and
(c) you will not use the Site for any purpose that is unlawful or prohibited by these Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others. Notwithstanding any other rights or restrictions in these Conditions, you may not use the Site to: (i) transmit via or through the Site any information, data, text, images, files, links or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us, (ii) introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful code, (iii) obtain unauthorised access to any computer system, (iv) impersonate any other person or falsely state or otherwise misrepresent your affiliation with any person or entity, (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity, (vi) misrepresent the identity of a user or use a false e-mail address, (vii) tamper with or obtain access to the Site or any component of the Site, (viii) conduct fraudulent activities, or (ix) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
2.2 Links to Third Party Sites
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us, including third party payment system providers. You acknowledge and agree that we are not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve us from any and all liability arising from your access and use of any third party website.
(3) YOUR SUBSCRIPTION CONTRACT BETWEEN YOU & THE COMPANY
These options consist of different services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and subscription plans at any time in our discretion.
3.1. Registration and Passwords
(a) In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.
(b) Any access codes and/or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and/or passwords, and will henceforth be solely liable for any use or unauthorised use of the Site with your access codes and/or passwords.
3.2. Formation of a Contract
(a) The information set out in the Terms and Conditions and the details on this Site do not constitute an offer for sale, but simply an invitation to treat.
(b) No contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
(c) To submit an Order, you will be required to follow the online process on the Site.
(d) A Contract will relate solely to products that are delivered to you. If your Order consists of multiple Products, these Products may be delivered to you in separate packages at separate times.
3.3. Your Subscription Contract(s) with The Company
(4) CHANGES TO THE SITE
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use of or access to all or part of the Site for any reason, including without limitation, breach of these Conditions. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
(5) TRANSACTIONS CONCLUDED THROUGH THE SITE
Contracts for the supply of goods, services or products (including any ticket, pass, credential or other document or general or specific the authorisation granted by Clubpets E-Store) formed through the Site or as a result of visits made by you to the Site is governed by the specific terms and conditions of supply for that good, service or product, as highlighted to you prior to any contract being formed.
(6) LIMITATION OF LIABILITY
6.1 No Representations or Warranties
The Site, its content, services and all text, images, merchandise and other information provided herein is provided on an “as is” and “as available” basis without representations or warranties of any kind, whether express, implied or statutory, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limitation to the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (a) as to the reliability, accuracy, completeness, and the validity of any content or material on the Site, (b) that the functions contained on the Site will be secure, uninterrupted or free of errors, (c) that
any defects will be corrected, or (d) that the Site or the server(s) that makes it available are free of viruses or other harmful components. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
6.2 No Liability for Indirect or Consequential Losses
To the maximum extent permitted under applicable law, we shall not be liable to any user of the Site or any other person for any direct, indirect, special or consequential loss or damage (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of or related to the use, inability to use, performance or failure of this Site or any materials posted thereon, or any information contained therein or stored or
maintained by us, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
6.3 Third-Party Service Providers
You acknowledge and agree that your access and use of the Site is dependent on third-party service providers such as the internet, network, connectivity or other link providers. Your payment for any transactions or contracts concluded by you for the supply of goods or services formed through the Site is processed by third party payment system providers and we do not retain or process any such payment information. We cannot guarantee the security of such third party payment system(s) or any payment data on the Site. We are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or
entity, including any internet service provider. By using and/or accessing the Site, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
6.4 Liability Implied by Law
For the avoidance of doubt, nothing in this Condition 5 excludes, restricts or modifies any condition, warranty, right or liability implied into these Conditions, where to do so, is illegal or would render any provision hereof void.
By using and/or accessing the Site, you agree to indemnify, hold harmless and defend us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, damages, liabilities, costs and/or expenses, including but not limited to attorneys’ fees, arising directly or indirectly from your access of and/or use of this Site, including without
limitation, any claims of infringement of a third party’s rights, any assertion and enforcement of our rights under these Conditions and any breaches of your obligations under these Conditions.
(8) INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in and to the content on the Site, and in the material published on it are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce these intellectual property rights to the fullest extent of the law.
8.2 Restricted Use
You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without our prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.
We may at any time in our sole discretion amend or vary any provision of these Conditions by publication on the Site. If you do not consent to such variation or amendment, you should not use or access the Site. If, following such amendment or variation, you continue to use or access the Site, you shall be deemed to have irrevocably consented to such amendment or variation and to have agreed to be bound thereby.
9.2 Correction of Errors
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice.
9.3 Illegality and Severability
Each of the provisions of these Conditions is severable from the other(s). If any such provision or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Conditions but the validity, enforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby.
9.4 Governing Law
These Conditions shall be governed by, and construed in accordance with, the laws of Singapore and you hereby submit to the exclusive jurisdiction of the courts of Singapore.
(a) enabling features and functions on our websites such as browsing and other services preferences, remembering your details etc.;
(b) administering services to you and to advertisers;
(c) improving the efficiency of our website, e-store and online apps etc;
(d) building a profile on how you and other users use the website;
(e) establishing usage statistics.
10.2. Most internet browsers provide you with the option of turning off the processing of cookies, but this may result in the loss of functionality, restrict your use of the website and/or delay or affect the way in which it operates
10.3. Advertisements on the Clubpets E-Store website may be provided by third-party advertisers and their agencies. These may generate cookies to track how many people have seen a particular advertisement (or use the services of third parties to do this) and to track how many people have seen it more than once. We do not control these third parties and their cookie policies and if you have questions about their cookie policies, please contact us and we will try our best to assist you by providing information about these third party advertising agencies.
10.4. We are not responsible for the Personal Data policies (including Personal Data protection and cookies), content or security of any third party websites linked to the Clubpets website
DATA PROTECTION NOTICE
This Data Protection Notice (“Notice”) sets out the basis which [Clubpets EStore] (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
(11) PERSONAL DATA
11.1. As used in this Notice: “customer” means an individual who
(a) has contacted us through any means to find out more about any goods or services we provide, or
(b) may, or has, entered into a contract with us for the supply of any goods or services by us; and “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
11.2. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your NRIC number, contact information such as your address, email address or telephone number, nationality, gender, date of birth, marital status, photographs and other audio-visual information, employment information and financial information such as credit card numbers, debit card numbers or bank account information.
11.3. Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
(12) COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
12.1. We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b)
collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
12.2. We may collect and use your personal data for any or all of the following purposes:
(a) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
(b) verifying your identity;
(c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
(d) managing your relationship with us;
(e) processing payment or credit transactions;
(f) sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions;
(g) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(h) any other purposes for which you have provided the information;
(i) transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
(j) any other incidental business purposes related to or in connection with the above.
12.3. We may disclose your personal data: (a) where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or (b) to third-party service providers, agents and other organisations we have engaged to perform any of the functions listed in clause 5 above for us.
12.4. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
(13) WITHDRAWING YOUR CONSENT
13.1. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
13.2. Upon receipt of your written request to withdraw your consent, we may require a reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
13.3. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.
13.4. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
(14) ACCESS TO AND CORRECTION OF PERSONAL DATA
14.1. If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
14.2. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
14.3. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons
(15) PROTECTION OF PERSONAL DATA
15.1. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us and disclosing personal data both internally and to our authorised third-party service providers and agents only on a need-to-know basis.
15.2. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
(16) ACCURACY OF PERSONAL DATA
16.1. We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
(17) RETENTION OF PERSONAL DATA
17.1. We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
17.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
(18) TRANSFERS OF PERSONAL DATA OUTSIDE OF SINGAPORE
18.1. We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
(19) EFFECT OF NOTICE AND CHANGES TO NOTICE
19.1. This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
19.2. We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
ACKNOWLEDGEMENT AND CONSENT
I would like to receive information about the goods and services which may be provided by [Clubpets E-Store], including (but not limited to) offers, promotions and information about new goods and services, via the following channels: □ newsletter □ email □ text message □ telephone call