We are E COMMERCE SYSTEM SOLUTION PTE. LTD. ("ECSS","we","our","us"), a company registered in Singapore.
ECSS registration number is 201805743Z.
And ECSS registered office is at 9 Raffles Place #58-26, Singapore 048619.
- 1. GENERAL USE AND/OR ACCESS TO WEBSITE
1.1. Guidelines to the use of website, platform and services: You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of TODAYFUL ONLINE STORE ("website","service") and/or for your access to the website, as well as any amendments to the aforementioned, issued by us from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the website.
1.2. Restricted activities: You agree and undertake not to:
(a) impersonate any person or entity to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the website or services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the website or our services;
(d) use, upload, post, promote or transmit through the website or our services any prohibited materials, including any information, graphics, photographs, data and/or other material that contains any computer virus or other invasive or damaging code, program or macro, infringes any third-party intellectual property or any other proprietary rights, is defamatory libellous or threatening, is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable laws, or may be construed as offensive and/or otherwise objectionable, in our sole opinion;
(e) interfere with another’s utilization and enjoyment of the website and/or services; and
(f) use the website or services other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.
1.3. Availability of the website and our services: We may from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the website or any services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the website or any part of our services.
- 2. USE OF SERVICES
2.1. Application: These terms are set out in addition to all other terms and conditions, and the provisions set out hereinunder are additional specific terms and conditions governing your use of our website and our services.
2.2. Restrictions: The use of our services is 18 years of age or older in order to access and/or use the Site
2.4. Product Description: While we endeavour to provide an accurate description of our products, we do not warrant that such description is accurate, current or free from error.
2.5. Prices: All listed prices are subject to taxes, unless otherwise stated. We reserve the right to amend the listed prices at any time without prior reason or notice.
2.6. Users and Accounts: You shall be solely responsible for your access to and/or use of the Site and its materials herein. Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these terms & use and/or terms & conditions.
2.7. Purported use/access: You agree and acknowledge that any use of our services and/or any access to the website and any information, data or communications referable to your account and Password shall be deemed to be, as the case may be, access and use of the services and/or website by you, and information, data, or communications transmitted and validly issued by you. You agree to be bound by any access of the website and/or use of any services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any services and/or access to the website referable to your account and Password.
- 3. INTELLECTUAL PROPERTY
3.1. Definition: “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
3.2. Ownership: The Intellectual Property in and to the website and our services are owned, licensed to or controlled by us, our licensors, or our service providers. For the avoidance of any doubt, the website, services and any information or material contained therein shall not in any way grant or be taken to grant any person a license or any rights to the respective Intellectual Property. We reserve the right to enforce its Intellectual Property to the fullest extent of the applicable laws.
3.3. Trademarks: The trademarks set out in the website and/or our services are both registered and/or unregistered trademarks of ours, as well as other third parties. Nothing on the website and/or our services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the website and/or our services, without our written permission or any other applicable trademark owners, as the case may be.
- 4. DISCLAIMERS AND INDEMNITY
4.2. Risk of Use: We do not warrant that our website or services or any parts thereof will be uninterrupted or free of error, nor that the server that makes them available are free of viruses, malware, spyware or other harmful components. By using the website and/or our services, you agree to assume all risk of errors and/or omissions, including the transmission or translation of information, as the case may be.
4.3. Limitation of Liability: We shall in no event be made liable for any direct, indirect, punitive, incidental, special, consequential or any other damages arising out of or in any way connected with the use of the website and/or our services, or with the delay or inability to use the website and/or our services.
4.4. Indemnity: You agree to fully indemnify, defend and hold ECSS, its suppliers, directors, officers, employees, agents, information providers, advertisers or partners, licensors and licensees, as well as its subsidiaries or affiliates and their subcontractors and their agents, directors, employees, officers, information providers, advertisers or partners, licensors and licensees, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
(a) Your access to or use of the website and/or services;
(b) Your misuse of the website and/or services;
(c) Any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other Intellectual Property right of any person or defames any person or violates their rights of publicity or privacy;
(d) Any misrepresentation made by you in connection with your use of the website and/or services;
(f) Your violation of any law or the rights of a third party, including the use by any other persons accessing the website and/or services using your account caused by your action or inaction; and
(g) Claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the website and/or our services, including any information obtained through the website and/or our services.
- 5. TERMINATION
- 6. NOTICES
6.1. Notices to you: All notices to you communicated through any print or electronic media shall be deemed to be received and notified to you on the date of publication or broadcast.
6.2. Notices to us: You may only give notice to us in writing sent to our registered office address or e-mail address at firstname.lastname@example.org, and we shall be deemed to have received such notice only upon receipt.
- 7. GENERAL
7.2. Governing Law and Jurisdiction: The Terms and Conditions shall be construed and its performance governed in accordance with the law of the Republic of Singapore. By accessing or using the website and/or our services, you fully agree to submit to the exclusive jurisdiction of the Singapore courts.