2.1. “We”, “our” and “us” and “MadelKoh” refer to MadelKoh Shop.
2.2. “You” and “your” refer to the entity or entities accessing and/or using the Website.
2.3. “Affiliates” means, with respect to any business entity, any other entity that directly or indirectly Controls, is Controlled by, or is under common Control of such first entity, and shall include subsidiaries and parent companies of the first entity and subsidiaries of the parent;.
2.4. “Content” refers to information, text, articles, data, software, images, pictures, photographs, graphs, music, sound, videos, typefaces, graphics and any other material that exist or collectively exists on the website.
2.5. “Control” of an entity means:
2.5.1. The power (whether by way of ownership of shares, proxy, contract, agency or otherwise) to cast, or control the casting of, more than 50% of the maximum number of votes that might be cast at a general meeting of that entity; or appoint or remove all, or the majority, of the directors or other equivalent officers of that entity; or
2.5.2. The holding beneficially of more than 50% of the issued share capital of that entity (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital);
2.5.3. and “Controlled” shall be construed accordingly.
2.6. “Intellectual Property Rights” means any patent, right to invention, copyright, trade mark, service mark, trade, business and domain name, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including trade secrets and know-how), or any other form of intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of those rights, and all similar or equivalent rights or forms of protection in any part the world.
2.7. “Permitted Purpose” means viewing the Website for personal or on behalf of your company for the purpose of checking product specifications and pricing and/or becoming a Website member in order to use certain services available on the Website such as the shopping cart, review purchase histories, signing up for promotion updates.
2.8. “Price” means the price assigned to any Products as set out in the Website and is in United State Dollars (USD$).
2.9. “Products” mean items and services listed on the Website.
2.10. “Third Party Sites” means websites operated by third parties.
2.11. “Website” means the website www.MadelKoh.com and includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
3. Your Use of the Website
3.1. You agree to use the Website only for the Permitted Purpose and in accordance with these Terms and Conditions. You further agree to comply with all applicable laws and accepted practices in the use of the Website. Activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user or conducting fraudulent activities on the Website are prohibited.
3.2. You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You shall not take any action that imposes an unreasonable or disproportionately large load on our server.
3.3. You shall not violate or attempt to violate or compromise the security of the Website, including, without limitation, by
3.3.1. accessing data not intended for your use or logging onto a server or an account which you are not authorized to access;
3.3.2. using the Website other than for the Permitted Purpose or trying to change the behavior of the Website;
3.3.3. attempting to probe scan or test the vulnerability of a system or network or breach security or authentication measures;
3.3.4. attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;
3.3.5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
3.3.6. forging communications on behalf of the Website or to the Website (such as by impersonating as a legitimate user). Sending unsolicited and unauthorized e-mails on behalf of MadelKoh Shop, including promotions and/or advertising of products or services, is expressly prohibited.
3.4. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by us or generally publicly available browsers. You shall not, and shall not attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or which enforce limitations on the use of the Website.
3.5. You shall be responsible for maintaining the confidentiality of your user account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.
3.6. We reserve the right, at our sole discretion, to restrict and/or terminate your access to the Website, or any part of the Website, at any time and without prior notice to you, and without providing any reasons whatsoever, and without any liability either to you or to any third party.
3.7. In the event your access to the Website is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions will survive.
4.1. We will use reasonable means to provide the Service. You agree that the Service provided may from time to time be unavailable in full or in part. We shall not be liable in any way whatsoever for its failure or inability to provide the Service.
4.2. You agree that we cannot and does not control or verify any Product Information and Content published on our Website. You fully assume the risk in relying on the Product Information and Content herein.
4.3. You agree that you will assume all risks for any transaction you enter with us.
4.4. We are not responsible or liable for any Content posted by any User.
4.5. We are not obligated to provide the Service to you during times of maintenance.
4.6. We retain the absolute right to make changes to the terms of Service without notice.
5. Account Registration
In accessing the Website and registering for an account, you warrant that you are at least 18 years of age. You possess the legal authority to create a legally binding obligation. You are an individual and is creating the account for your personal use or on behalf of a business entity. You will use the Website in accordance with the Terms & Conditions. All information provided by you in the account on the Website is true, accurate and current. You shall safeguard this information, you shall not disclose your password to any third party, and you shall take sole responsibility for any activities or actions under the said account.
6. Prices, Payment and Taxes
6.1. You shall pay us the Prices for items – products, delivery and whatsoever – in relation to placing an order on our Website. Once payment has been made/cleared, prices are neither refundable not exchangeable for cash, except in accordance with the Terms & Conditions and Exchange/Refund Policy.
6.2. You agree to authorize us to collect payments by means of collection mechanisms including but not limited to third party credit card payment processing gateways. You shall provide information as requested. You may be subjected to the terms and conditions and personal information collection practices governing the use of the third-party service. We shall not be responsible for any loss or damage arising from your use of the third-party service.
6.3. You agree to be wholly responsible for any fees or charges that are beyond our control and may be incurred during the use of the third-party service.
6.4. We may determine at our sole discretion to revise or add any new Charges without notice.
6.5. To avoid confusions, all charges are Net.
6.6. All Charges are payable in United State Dollars, unless the payment processing gateway allows for Charges to be paid in another currency.
6.7. You are responsible for all taxes, duties, levies, and other similar charges arising from the use of the Service.
7. Orders and Deliveries
7.1. You shall make an offer to purchase Products, Services and whatsoever listed on the Website by submitting an Order on the Website.
7.2. We shall not be obligated to supply the Products, Services and whatsoever submitted in the Order until we have accepted the Order by dispatching the Order.
7.3. Prior to the issuance of “Shipped” or “In-Store Pickup” order statuses, we reserve the right not to process your order.
7.4. In instances of error, we shall not be obligated to fulfil the Order. We will inform you of the error and give you the option to cancel it, or reconfirm the Order at the correct price, item or whatsoever the error may be.
7.5. We shall not be liable to you for any loss, damage or whatsoever disadvantage arising from late delivery.
7.6. If delivery is delayed or redelivered on your request, you shall be responsible for charges that may be incurred in relation to the delay or redelivery.
8.1. We reserve the right to cancel the Confirmed Order if we discover an error or if any item in the Order are not available for any reason. We shall notify you and return any paid Charges in such form as determined by us.
8.2. Prior to the Order being processed (“Ready to Ship” or “Ready for In-Store Pickup”), you may cancel the Order by contacting us. We reserve the right to charge a cancellation fee. You agree that once the Order has been processed, the Order may not be cancelled or amended.
9. User’s Content and User Conduct
9.1. We may at our absolute discretion remove, edit or modify your Content or suspend your Account if they do not comply with applicable standards in the use of the Website’s content submission tools including but not limited to the Wishlist function.
9.2. You agree to be solely responsible for compliance with any laws, rules and regulations that may apply.
10. Intellectual Property Rights
10.1. All Intellectual Property Rights in, to or associated with MadelKoh Shop, the Website, the Content or the Products, belong to us, our Affiliates or suppliers.
10.2. You shall not (a) reproduce, modify, distribute, store, transmit, publish or display within another website the Content or any part thereof, or any computer software or code contained in the Website, (b) download the images of the Products, (c) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website, (d) commercialize any information obtained from the Website; (e) create derivative works from the Website; or (f) use or infringe any of our trademarks or other Intellectual Property Rights or those of our Affiliates or suppliers, or any other trademarks or Intellectual Property Rights in, to or associated with us, the Website, the Content or the Products.
10.3. By using the Website or by communicating with us, you automatically grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your communication (but not your personal data) and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products to the extent permitted by law.
10.4. You shall not use any information on the Website in a manner which infringes the Intellectual Property Rights of any person or party. Nothing in the Website shall be construed as conferring any license or other rights under our Intellectual Property Rights or other proprietary rights or those of our Affiliates or any third party, whether implied or otherwise.
11.1. The purchase of the Products or any other products or services at MadelKoh Shop shall always be subject to any additional terms and conditions of sale at the relevant retail store.
11.2. Images of Products which are published on the Website without any advertised price beside that image are not offered for sale. Photographs on the Website are for illustrative purposes only and may vary from actual product.
11.3. The Content is provided for general information purposes only. It is not intended to be comprehensive. We may, at any time, add, modify or remove any Content from the Website without notice. Although we use all reasonable endeavors to confirm the accuracy of any Content published on the Website, we shall not be responsible for inaccuracies, errors or omission in Content, or for any delay in transmission or delivery of such Content, or any loss or damage arising from the use of the Content or for any actions you take in reliance on the Content. You agree to make your own enquiries to verify the information provided and to assess the suitability of Products prior to any purchase made.
11.4. The Website may feature or display third party advertising or content. We do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
11.5. The Website may promote, advertise or sponsor functions, events, offers, competitions or other activities, which may be conducted online, or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in such activities.
11.6. The Website may contain links to Third-Party Sites. These links are available for your convenience only and for no other purpose. Such Third-Party Sites are not under our control and we shall not be responsible for the operation, availability or content of any Third-Party Site or any link contained in a Third-Party Site or for any loss or damage arising from any actions you take in relation to such Third-Party Site.
11.7. A link to a Third-Party Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. We do not warrant or make any representation about substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation in relation to any Third-Party Site, its content, or any products or services offered therein.
11.9. We reserve the right to prevent third parties from linking to the Website.
11.10. Website and/or the Content is offered on an “as is” and “as available” basis only. We and our Affiliates make no representations or warranties of any kind, express or implied, in relation to the Website and/or the Content, including in relation to availability, accuracy, timeliness, completeness, functionality, non-infringement, title, quality, merchantability or fitness for any particular purpose or the Website, Content or Products, and disclaim any warranty that access to the Website and/or the Content will be uninterrupted or error-free or free from computer virus or other invasive or damaging code.
11.11. We may at any time impose limits or restrictions on the use you may make of the Website. Further, for security, technical, maintenance, legal, regulatory or other reasons, or due to any breach of these Terms and Conditions, we may withdraw the Website, or change or remove website functionality at any time without notice to you.
11.12. We make no warranty that the Website and/or the Content is free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof. You must take your own precautions to ensure that your use of the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
11.13. Each of MadelKoh Shop and its Affiliates exclude, to the extent permitted by law, all liability of any of them for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Website and/or the Content, use of or reliance on the Website, or any inaccuracies in the Content or delays in transmission including but not limited to damages for loss of business or profits, use, data or other intangible losses, even if we have been advised of the possibility of such damages.
11.14. You shall indemnify and keep indemnified each of MadelKoh Shop, its Affiliates and parties involved in the creation of the Website and/or the Content, including owners of the Intellectual Property Rights relating to or associated with the Website and/or the Content against any and all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of the Website, any information that you provide via the Website or any damage that you may cause to the Website.
The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision of these Terms and Conditions, which shall remain in full force and effect.
14. Governing Law and Jurisdiction
By visiting this Website, you agree that the laws of Singapore apply with respect to these Terms and Conditions and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore.
The mailing address for MadelKoh Shop is 16 Arumugam Road, LTD Bldg D, #03-05B, S’pore 409961.