1.1 The terms and conditions forms an agreement between you (referred to as "you", "your" or the "Customer" herein) and Indulge Mall Group Pte Ltd (UEN 201621178H) with its registered office at 1 Scotts Road, Shaw Centre #24-10, Singapore 228208 (referred to as "Indulge Mall", "we" or "us") as the owner of this website.
1.2 Please read and understand this agreement carefully before using the website. By browsing, accessing or using any facilities or services (“Services”) made available through the website or by transacting through the website, you are agreeing to the terms and conditions that appear below (hereafter called the "Agreement").
1.3 These terms and conditions will be updated periodically and we reserve the right to amend these terms and conditions at any time without prior notice. Any amendments to these terms and conditions will be published on the website or via other social media platforms on-line. If you do not agree with the revised terms and conditions you may terminate this Agreement by written notice to us (via post or by email at firstname.lastname@example.org). However, the continued use of the Service or the website or a Voucher (defined below) will be deemed acceptance of the revised terms and conditions.
1.4 The terms of this Agreement do not affect your statutory rights as a consumer in any way.
2.1 In this Agreement, the following defined terms have been assigned the following meaning:
2.1.1 "Microsite" means an auxiliary website supplementary to the main website.
2.1.2 "Merchant" means a third-party seller of goods and services for which a Voucher can be redeemed.
2.1.3 "Purchase" means the purchase of a Voucher or other goods and services.
2.1.4 "Register" or “Registration” means the creation of an account on the Website
2.1.5 "Service" means all or any of the services provided by us via the Website including any information services, web content and the ability to complete a purchase transaction
2.1.6 "Voucher" means a voucher which, subject to certain terms and conditions, allows the purchaser the right to redeem the voucher at a participating Merchant in exchange for products or services offered by that Merchant.
2.1.7 "Voucher Products" means goods and/or services offered by a participating Merchant.
2.1.8 "Website" means the indulgemall.sg website and any Microsite.
3. REGISTRATION AND ACCOUNTS
3.1 The need for registration
Registration is required in order to make a Purchase from the Website. Registration allows easy access to enable viewing your orders, modify user preferences, participate in loyalty programs (where available) and perform other ancillary functions.
3.2 Information required
Upon Registration, you would require a password. Your password must be kept confidential and you must immediately notify us of any unauthorised use of your email address or other security breaches. You agree that any person to whom its user name or password is disclosed is authorised to act as your agent for the purposes of using the Service and website whereby you will be entirely responsible for the transactions conducted under your account.
3.4 Valid email address
You will need to register as a user on the website using a valid personal email address that you access regularly. We reserve the right to decline new registrations or to cancel an account at any time without assigning any reason thereof if the user engages in disruptive behaviour.
4. GENERAL TERMS
4.1 Users of the website and/or the Service must be aged 18 years or over.
4.2 Use of the website and related transactions including any Purchases are governed by the terms and conditions set out in this Agreement. We reserve the right to prevent you from using the website and the Service and from making any Purchase.
4.3 The website and the Service and any Purchase are intended for users who access the website from Singapore. We make no representation that the Service (or any goods or services) are available or suitable for use outside of Singapore.
4.4 The website, Service and any Purchase are for your personal use only and must not be used for commercial gain and other for-profit purposes.
5. PURCHASE OF VOUCHERS
5.1 Method of sale
A purchase of a Voucher through the Website allows you to redeem the voucher for products or services from a participating Merchant as stated on our website.
We may send you information regarding your account activity, confirmation of purchases, as well as updates about the website and Service and/or Vouchers. We may also send you emails on promotional offers. You will have the option to stop receiving such promotional e-mails at any time by clicking the unsubscribe button at the bottom of such e-mails.
5.3 Completion of transaction
Before purchasing a Voucher, you will be required to accept our terms and conditions. Upon acceptance of the terms and conditions, your payment will be processed by debit card, credit card or other acceptable payment method preferred by you. The transaction is only completed when you receive an email from us confirming acceptance of the transaction.
Once you have made a Purchase, the Voucher is redeemable by you from a Merchant for Voucher products or services provided by that Merchant. The particular Merchant, redeemable goods and services offered by that Merchant and any terms and conditions of use will be stated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our (or a Merchant’s) discretion.
5.5 Payment Agent
All monetary transactions made by customers on https://www.indulgemall.com/ are handled by a third party payment gateway.
5.6 Responsible Parties
- The Merchant, and not Indulge Mall, is the seller of the Voucher Products and services and is solely responsible for the redemption of said vouchers and for providing you with the Voucher Products.
- In the event of any claim, fault, dispute or loss, your remedy is against the respective Merchant who provided the Voucher Products and not against us.
The reproduction, sale/resale or trade of a Voucher is prohibited and could potentially void the Voucher at our discretion. If a Voucher is redeemed for less than its face value, there will be no cash or credit refunds or new Vouchers issued for the difference between the face value and the amount redeemed. Vouchers must be redeemed in its entirety.
5.8 Combination of products/services
The Merchant reserves the discretion to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons.
The Voucher expires on the date specified on the Voucher.
5.10 Lost/Stolen Vouchers
Neither we nor the Merchant are responsible for any lost or stolen Vouchers.
5.11 Goods and Services Tax (“GST”)
We reserve the right to charge GST in addition to the price for the Vouchers.
6. YOUR OBLIGATIONS
6.1 Merchant Terms
A Merchant would usually have its own terms and conditions for the supply of its goods and services and you are responsible for complying with those terms and conditions.
6.2 Accurate Information
You represent that the information provided on Registration and contained in your account is accurate and you will promptly notify us of any changes by updating the details in your account profile. Any damages or losses incurred because of inaccurate information provided by you to Indulge Mall will be borne solely by you.
It is your responsibility to ensure that any products, services or information available through the website or service meets your specific requirements.
Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
6.4.1 to send or receive any material which is distasteful and disrespectful;
6.4.2 to send or receive any material which is threatening, offensive, indecent, obscene, menacing, blasphemous or defamatory of any person or any other third party rights;
6.4.3 to send or receive any material which is technically harmful (including but not limited to computer viruses, Trojans, worms, corrupted data or other malicious software); and
6.4.4 with the intention to defraud.
6.5 Forbidden uses
The following uses of the Service (and website) and Vouchers are expressly prohibited:
6.5.1 resale of the service or any Voucher;
6.5.2 providing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers and/or other payment means;
6.5.3 attempting to circumvent our security or network including accessing data not intended for you, unauthorised logging into a server or account or probing the security of other networks;
6.5.4 accessing the website in such a way or commit any act that would impose an unreasonably large load on our infrastructure;
6.5.5 executing any form of network monitoring which will intercept data;
6.5.6 sending unsolicited mail messages, bulk mail, including the sending of "junk mail", spamming or other advertising material to individuals who did not specifically request such material. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts;
6.5.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type;
6.5.8 sending malicious email, including flooding a user or site with very large emails;
6.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into transactions on behalf of a third party without their authority);
6.5.10 using the website in breach of this Agreement;
6.5.11 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the website and Service.
7. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults (or Vouchers will be free of errors) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: email@example.com.
7.2 Whilst we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
7.3 We do not give any warranty that the Service or the Website is free from viruses or anything that may harm any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or Service on the website from time to time. Your access to the website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of the terms of this Agreement.
8. SUSPENSION AND TERMINATION
8.1 If you use the Website or Service or a Voucher in contravention of this Agreement, we may suspend your usage of the Service and/or Website and/or a Voucher.
8.2 We shall at any time be entitled to suspend the Service or Website and/or suspend your use of the Service or Website and/or suspend the use of the Service or Website for persons we believe to be connected to you and/or terminate this Agreement immediately if you commit any breach of this Agreement or if we suspect that you have, might or will commit a breach of these terms or may commit any fraud against us or any person.
8.3 Notwithstanding anything else in this Clause 8, we may terminate this Agreement at any time whereby our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8.4 We will fully cooperate with any law enforcement agencies or court order(s) requesting assistance or directing us to disclose the identity of persons in this Agreement.
9.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
9.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Service or Website or for the use of a Voucher or for the use of the Service through your account; or
9.1.2 any breach of this Agreement by you.
10. LIMITATION OF LIABILITY
Exclusion of Liability for provision of services
A Limitation of Liability clause limits the amount of liability that a service provider such as Indulge Mall Group Pte Ltd will be responsible for in the event of loss or damages suffered by the Customer due to services rendered or goods supplied by parties affiliated with Indulge Mall Group Pte Ltd. The Customer agrees that in such event of loss or damages suffered by the Customer, this limitation of liability clause limits liability of Indulge Mall Group Pte Ltd for all damages and losses for incidental, consequential and punitive damages. To the extent Indulge Mall Group Pte Ltd shall be deemed liable, the total damages shall be capped to the value of the consideration paid by the Customer for the services rendered or goods supplied by the party so affiliated with Indulge Mall.
10.1 We warrant that:
10.1.1 we will exercise reasonable care and skill in performing our obligations under this Agreement, and
10.1.2 we have the right to sell Vouchers and, based on the representation from the Merchant, that the Vouchers are of satisfactory quality and fit for their purpose.
10.2 This Clause 10 prevails over all other Clauses and sets forth our entire Liability and you agree that this is your sole and exclusive remedy in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Service; or
10.3 Nothing in this Agreement shall exclude or limit our Liability for fraud, death or personal injury caused by our Breach of Duty or for any other Liability which cannot be excluded or limited by applicable law.
10.4 We do not warrant and exclude all Liability in respect of:
10.4.1 the accuracy, completeness, fitness for purpose or legality of any information obtained from the website; and
10.4.2 your use of any information or materials on the website;
10.4.3 Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which the Voucher may be redeemed.
10.4.4 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property.
10.6 Save as provided in Clause 10.3 but subject to Clause 10.8, our Liability for loss of or damage to your (or another person’s) property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed S$50. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
10.7 Save as provided in Clauses 10.3, we do not accept and hereby exclude liability for breach of duty other than any such liability arising pursuant to the terms of this Agreement.
10.8 Save as provided in Clause 10.3, we shall have no liability for:
10.8.1 loss of revenue;
10.8.2 loss of actual or anticipated profits;
10.8.3 loss of contracts;
10.8.4 loss of the use of money;
10.8.5 loss of anticipated savings;
10.8.6 loss of business;
10.8.7 loss of opportunity;
10.8.8 loss of goodwill;
10.8.9 loss of reputation;
10.8.10 loss of, damage to or corruption of data; or
10.8.11 any indirect or consequential loss;
and such liability is excluded whether it is unknown or unforeseeable or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
10.9 Save as provided in Clause 10.3, our total liability to you or any third party shall not in any event exceed S$50.
10.10 The limitation of liability under Clause 10.9 applies in relation to any liability expressly provided for under this Agreement and also to any liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
10.11 In this Clause 10:
10.11.1 "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement and
10.11.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or skill.
11. DATA PROTECTION
12.1 We may place advertisements in different locations on the website and at other parts during use of the website. These locations may change from time to time but we will always clearly mark which goods and services are advertisements by third parties, so that it is clear to you which goods and services are provided on an objective basis and which are not.
12.2 You have the option to select or click on advertised goods and services as you see fit.
12.3 Any advertisements may be delivered on our behalf by a third party advertising company.
12.4 No personal data will be used during the course of serving our advertising but our third-party advertiser or affiliate may, on our behalf place or recognise a cookie on your browser. This cookie will not collect or link any personal data about you.
13. WEB LINKS
Where the website contains web links to third party sites, those sites are merely linked to provide information only and are solely for your convenience. We have no control over and cannot accept or assume any responsibility for such content or products or services of such site and therefore cannot accept any responsibility for any loss or damage that may arise.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All intellectual property rights such as all copyright, patents, trademarks, trade names, designs, information, database, text and graphics, software, photos, video, music, sound, shall remain our property or that of their respective owners.
14.2 None of the material on our website may be reproduced or copied, distributed, republished, downloaded, displayed, sold or in any way exploited without our prior express permission.
14.3 All rights in the product and company names mentioned on the website are the trademarks or registered trademarks of their respective owners.
14.4 All material you transmit or submit to the website shall be considered as non-confidential and non-proprietary.
14.5 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in ideas, to us.
In this Agreement:
15.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations;
15.1.2 clause headings and clause titles are purely for ease of reference and do not form part of this Agreement; and
15.2 No partnership/agency
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
15.3 No other terms
Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded.
No assignment, delegation of any rights or obligations under this Agreement is permitted. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
15.5 Force majeure
We shall not be liable for any breach of our obligations under this Agreement where we are prevented from carrying out our obligations by any event outside our control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
15.6 Entire agreement
Notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
15.8 Third party rights
No terms in this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
15.10 Governing law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore and both parties hereby submit to the exclusive jurisdiction of the courts of Singapore.
The Website and the Service is owned and operated by Indulge Mall Group Pte Ltd (UEN 201621178H), a company registered in Singapore whose registered office is at 1 Scotts Road, Shaw Centre #24-10, Singapore 228208. If you have any queries, please contact Customer Care at firstname.lastname@example.org.
TERMS OF SALE
This document sets out the information on the ordering process and terms for the sale by Indulge Mall to you.
1.1. Parties to the contract
These Terms of Sale ("Terms of Sale") is an agreement between you as the customer (referred to herein as "you" or "your") and Indulge Mall Group Pte Ltd (UEN 201621178H) (referred to herein as "Indulge Mall ", "we", "us" or "our"), a company incorporated in Singapore with its registered office at 1 Scotts Road, Shaw Centre, #24-10, Singapore 228208.
1.2. Website Owner
1.3. Terms of Sale
1.4. Your offer
By selecting the “Buy Now” button, it is an offer made by you to buy the products or services sold by us (the “Goods”). Your offer is not accepted until we email you a confirmation of your order placed with us. Please note that we reserve the right to reject your offer and not conclude a contract with you, in particular, in case of non-availability of the Goods.
1.5. Your rights
Your statutory rights as a consumer is not affected in any way by the terms of this Agreement.
1.6. Updates to the Terms of Sale
We reserve the right to amend our Terms of Sale at any time. However, any amendments to the Terms of Sale made after you have submitted your order will not apply to you for that relevant order.
2. PRICING AND PURCHASE
2.1 Pricing and payment party
You will be purchasing the products or services from Indulge Mall. All prices published on the website are inclusive of legally applicable GST. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 2.4 and 2.5 below.
2.2 Delivery charges
The prices for the Goods may or may not include delivery charges. Any such charges will be stated in the “Other Terms” section of the particular offer. If delivery charges are not included, such costs will be displayed separately and added to the total amount due before you complete your order.
2.3 Placing your order
After you place an order by clicking the “Buy Now” button and agreeing to this Terms of Sale, you will receive an email confirming receipt of your order and the details of your order. You will receive another email confirming dispatch of the Goods.
2.4 Errors and omissions
Occasionally there may be an error or omission relating to the pricing or description of the Goods we sell. We will use every reasonable effort to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).
2.5 Post-purchase errors and omissions
In the event that we have made an error or omission and you have already purchased the Goods, then:
2.5.1 If the actual price of the Goods is less than the stated price at the time you purchased the Goods, we will charge you the lower price by providing Indulge Mall website credits for the difference between the stated price and actual price; or
2.5.2. If the price of the Goods is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive Indulge Mall website credits for the stated price.
3. CHANGES TO YOUR ORDER
Once you have placed your order, we are usually unable to make any changes to your order, including changing the quantity of Goods ordered or the delivery address. This Clause does not impact your legal rights to cancel or any rights to return the Goods you may have for the particular purchase.
4. DELIVERY OF GOODS
Shipping options and fees will be set forth in the “Other Terms” and will vary by offer. Your purchase cannot be shipped outside of Singapore.
4.2 Delivery estimates
Delivery estimates are provided in the “Other Terms” section of the particular offer. We will do all that we can to meet the estimated date given for delivery. Please note that unless stated otherwise, delivery estimates are only estimates; they are not guaranteed delivery times and cannot be viewed as such.
4.3 Legal Title
Legal title to the Goods will transfer to you and you will be the owner of the said Goods when the Goods are delivered to the delivery address you provided to us.
5. OUR CANCELLATION RIGHTS
We reserve the right to cancel an order before the Goods are delivered due to events outside our reasonable control, including due to equipment breakdown or transportation difficulties.
6. RETURNS AND REFUNDS
6.1 Our Returns Policy
If the Goods have a defect or fault existing at the time of delivery or otherwise do not conform to your order, you must first inform Indulge Mall Customer Care by sending an email to email@example.com to provide further details about the defect or fault before returning the Goods to the merchant within 07 calendar days. If you return defective, faulty or non-conforming Goods, the Goods will be inspected by the merchant to confirm the defect or fault. If a defect or fault is found or the Goods do not match your order, the merchant will replace such Goods or we will provide a partial or full refund, in accordance with applicable law. As we are not the manufacturer of the Goods, it is not possible for us to repair defective, faulty or non-conforming Goods. Goods that have been misused or changed may not be eligible for returns.
6.2 Title to returned Goods
You will transfer legal title to the returned Goods only after the Goods are received by the merchant. We reserve the right to issue a refund without requiring a return. In this situation, you will preserve title to the returned Goods.
6.3 Problems with your returned Goods
We reserve the right to refuse to issue a refund and to recover the cost of the delivery of the returned Goods from you in the event that the Goods are found to have suffered damage after delivery to you or if the Goods have been misused or used other than in accordance with the instructions; or if the complaint with the Goods is due to normal wear and tear. This Clause 6.3 does not limit or affect your right to cancel your contract and return goods under Clause 6, or your rights where goods supplied to you are incorrect or faulty.
7. INFORMATION ON GOODS SOLD
7.1 We are not the manufacturer
We are not the manufacturer of the Goods sold on the website. While we work to ensure that the Goods match the description on the website, are of satisfactory quality and are fit for use, the Goods sold on the website may vary slightly from such product information. We encourage you to read all information presented on labels, warnings and instructions which accompany the Goods before use.
7.2 Accuracy of descriptions
We have taken reasonable steps to display as accurately as possible the details of the Goods. However, in certain circumstances the actual colors and details you see on the website will depend on the equipment you use to view the Goods. We cannot guarantee that the display of any color or other details on your television, mobile device, computer monitor or other device will exactly reflect the colour or details of the Goods upon delivery.
7.3 Services offered
In the event the Goods offered are services, whilst we have taken reasonable steps to describe the service offered, we cannot guarantee the service or services offered will exactly reflect the description of the services offered of the suitability or quality of service offered to you.
7.3 Healthcare Goods and safety
For healthcare Goods, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer for clarification. Content on the website is not intended to substitute for professional medical advice given by a licenced medical professional. Customers should contact their healthcare provider immediately if they suspect that they have a medical problem. Information and statements about Goods are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. To the extent permitted by applicable law, we accept no liability for inaccuracies or misstatements about Goods by manufacturers or other third parties.
8.1 The standards we operate under:
We aim to provide a satisfactory user experience and would strive to achieve the following:
8.1.1 we will exercise reasonable care and skill in performing any obligation under this Terms of Sale;
8.1.2. we have the right to sell Goods;
8.1.3 we only sell the Goods for domestic and private use;
8.1.4 Goods are of satisfactory quality and are generally fit for their purpose, and
8.2 This Clause 8 takes precedence over all other Clauses (except for Clause 1.6) and sets forth our entire Liability.
8.3 What we are responsible for:
Nothing in this Terms of Sale shall exclude or limit our Liability for any Liability for fraud, serious misconduct by us, or any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.
8.4 Categories of loss that we are not responsible for: Notwithstanding Clause 8.3, since we only sell Goods for domestic and private use, we are not liable for:
8.4.1. loss of revenue;
8.4.2. loss of actual or anticipated profits;
8.4.3. loss of business; and
8.4.4. indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
8.5 “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Terms of Sale.
In this Terms of Sale:
9.1.1 words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations;
9.1.2 Clause headings and Clause titles are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and
9.2 No partnership/agency
Nothing in this Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
You may not assign or delegate or otherwise transfer all or any of your rights or obligations under this Terms of Sale without our prior written approval. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Terms of Sale to any person.
9.4 Events beyond our reasonable control
We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our control. Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under this Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange a new delivery date for your Goods, if possible.
9.5 Our reliance
We intend to rely upon only the written terms set out in this Terms of Sale in respect of the sale of Goods to you and not any oral or written representations made elsewhere.
9.6 No waiver
No waiver by us of any breach of yours under this Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under this Terms of Sale.
Notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
9.8 No Third party rights
No term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.
If any provision of this Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of this Terms of Sale shall not be affected.
9.10 Governing law and dispute resolution
This Terms of Sale shall be governed by and construed in accordance with the laws of the Republic of Singapore and both parties hereby submit to the exclusive jurisdiction of the competent courts of Singapore.
9.11 Exclusion of Liability for provision of services
A Limitation of Liability clause limits the amount of liability that a service provider such as Indulge Mall Group Pte Ltd will be responsible in the event of a loss or damages suffered by the Customer due to services rendered or goods supplied by parties affiliated with Indulge Mall. The Customer agrees that in such event of loss or damages suffered by the Customer, this limitation of liability clause limits liability of Indulge Mall for all damages and losses for incidental, consequential and punitive damages. To the extent Indulge Mall Group Pte Ltd shall be deemed liable, the total damages shall be capped at S$50.
10. CUSTOMER SUPPORT
Indulge Mall Group Pte Ltd (UEN 201621178H), is a company registered in Singapore whose registered office is at 1 Scotts Road, Shaw Centre #24-10, Singapore 228208. If you have any queries, please contact Customer Care at firstname.lastname@example.org.