Terms of service
OVERVIEW
This
website,
is operated by Unspokin Pte
Ltd.
Throughout the site, the terms “we”, “us” and “our” refer
to Unspokin. Unspokin offers this website, including all information,
tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.
By visiting our site and/ or
purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please
read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website
or use any services. If these Terms of Service are considered an
offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time
on this page. We reserve the right to update, change or replace any
part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the
website following the posting of any changes constitutes acceptance
of those changes.
Our store is hosted on Shopify Inc. They
provide us with the online e-commerce platform that allows us to sell
our products and services to you.
SECTION
1 - ONLINE STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products
for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You must not transmit any worms or
viruses or any code of a destructive nature.
A breach or
violation of any of the Terms will result in an immediate termination
of your Services.
SECTION
2 - GENERAL CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any
time.
You understand that your content (not including credit
card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The
headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
SECTION
3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This
site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION
4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We
shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service.
SECTION
5 - PRODUCTS OR SERVICES (if applicable)
Certain
products or services may be available exclusively online through the
website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return
Policy.
We have made every effort to display as accurately as
possible the colors and images of our products that appear at the
store. We cannot guarantee that your computer monitor's display of
any color will be accurate.
We reserve the right, but are not
obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right
on a case-by-case basis. We reserve the right to limit the quantities
of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without
notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We do not
warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be
corrected.
SECTION
6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We
reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In
the event that we make a change to or cancel an order, we may attempt
to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and
accurate purchase and account information for all purchases made at
our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and
contact you as needed.
For more detail, please review our
Returns Policy.
SECTION
7 - OPTIONAL TOOLS
We
may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge
and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered
through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
We
may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of
Service.
SECTION
8 - THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may
direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any
other materials, products, or services of third-parties.
We are
not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully
the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION
9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under
no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or
these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a
false e‑mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin
of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability
for any comments posted by you or any third-party.
SECTION
10 - PERSONAL INFORMATION
Your
submission of personal information through the store is governed by
our Privacy Policy. To view our Privacy Policy.
SECTION
11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We
undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION
12 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
SECTION
13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not
warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time
to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated
by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express
or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case
shall Unspokin, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of
the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by
law.
SECTION
14 - INDEMNIFICATION
You
agree to indemnify, defend and hold harmless Unspokin and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the
rights of a third-party.
SECTION
15 - SEVERABILITY
In
the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining
provisions.
SECTION
16 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for
all purposes.
These Terms of Service are effective unless and
until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use
our Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services
(or any part thereof).
SECTION
17 - ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether
oral or written, between you and us (including, but not limited to,
any prior versions of the Terms of Service).
Any ambiguities in
the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION
18 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the
laws of Singapore.
SECTION
19 - CHANGES TO TERMS OF SERVICE
You
can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion,
to update, change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility
to check our website periodically for changes. Your continued use of
or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those
changes.
SECTION
20 - CONTACT INFORMATION
Questions
about the Terms of Service should be sent to us at
whatspokin@unspokin.com.