Terms & Conditions of website use
1. We are TWARE PTE. LTD. (hereinafter "TWARE", "we", "our" "us")(Reg. No. 201132211G), Blk 71 Ayer Rajah Crescent, #06-15, Singapore 139951, trading as www.mytjacket.com and its subsidiaries, associates and officers unless otherwise stated.
2. The TJACKET is [a mobile smart vest aimed to help give deep pressure therapy for individual with sensory needs due to sensory differences like autism] (hereinafter "the Product").
3. These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions as modified from time to time.
4. TJACKET website at www.mytjacket.com ("the Website") and related services are made available to you, whether as a guest or a registered user, in accordance with the following Terms of Use, and also incorporated here by reference, and any other rules posted on our Site (collectively, the "Terms of Use"). The Terms of Use forms a legally binding agreement between you and us in relation to the use of our online shopping service, the Website, and related software created by us (hereinafter defined as "Services").
5. By using the Services, and browsing and using the Website, you agree to fully accept all the terms in the Terms of Use. If you do not wish to be bound by these Terms of Use, please exit now. We expressly reserve the absolute right to amend or change these Terms of Use at any time and from time to time by posting the amended terms on the Websites. The Terms of Use (as amended from time to time) comes into effect upon using the Website and/or the Services. Your continued use of the Website and/or the Services after such amendments will constitute acknowledgement and full acceptance of the amended Terms of Use and agreement to abide and be bound by the amended Terms of Use. These Terms of Use must be read in conjunction with the TJACKET Product Terms and Conditions (hyperlinked here) and the terms and conditions contained within the TJACKET Product Terms and Conditions are applicable to these Terms of Use.
USE OF THE TJACKET WEBSITE AND YOUR ACCOUNT
ACCOUNT CREATION
6. You may be required to provide personal information during registration of your account on the Website or in the course of using the Services. Such information may include your name, contact details and other information that is not otherwise publicly available. You are required to provide us with a current, valid e-mail address, your street address, delivery address (if different), and contact phone number. You warrant and certify that the personal information you provide, will always be truthful, accurate and up-to-date. We reserve the right to cancel any unconfirmed account or an account that has been inactive for a long period of time, or if we find you have submitted inaccurate information, or if we determine that your account may be compromised or used for fraudulent purposes. You agree to the use of your personal information for the purposes of us providing our Services to you. Such use of personal information shall be in accordance with the Terms of Use.
NO TRANSFER OF ACCOUNT
7. You may not transfer your TJACKET account or your account login/password to any other person.
SPECIFIED COUNTRIES
8. You may only create a TJACKET account if you reside in a country to which you are shipping.
SECURITY
9. The account password you provide should be unique and kept secure. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including, without limitation, your password. You agree to limit the access to your account to yourself only, and take all reasonable measures to ensure the confidentiality of your password to the account that you use to access the Services. Given that your account can only be accessed by you, you agree that you will be responsible for all activities that occur under your account. If you become aware of or suspect any unauthorized use of your account, or any known or suspected security breach such as disclosure of your password or theft of your account information, you should notify us immediately. You may be held liable for losses incurred by us or any other user of the Website or Services due to someone else using information of your account as a result of your failing to keep your account secure and confidential.
YOUR WARRANTIES AND REPRESENTATIONS
10. You warrant and represent that you are at least 18 years of age or the legal age of majority in your country. You shall not use our Website or our Services to make or accept offers if you are not able to form legally binding contracts.
11. We do not disclose your personal data to third parties, except for your name and delivery address which you consent to and agree is fair and reasonable for the purposes of your use of the Services. When you register for an account with us, you are asked to consent to receive e-mail marketing communications from us. If you give such consent, you may "opt out" (unsubscribe) at any later time by clicking a link provided in any marketing e-mail or on your account.
YOUR USE OF THE WEBSITE AND YOUR CONDUCT
12. You may not use the TJACKET Website or services for any unlawful purpose. We reserve the right to terminate or restrict your access to your account if, in our opinion, your use may violate any laws, infringe upon another person's rights, or breach the terms of the Terms of Use.
13. You may use the TJACKET Website and the services solely for your personal non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, transmit, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within the TJACKET Website.
14. We take Internet fraud very seriously. Any fraudulent or illegal activities on the TJACKET Website will be reported to law enforcement authorities, including the disclosure of personal information. We may in such circumstances disclose your personal information to such authorities and will provide full cooperation with their investigation.
15. Your use of the Website is subject to the Terms of Use and the applicable laws, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, blog, software library or other interactive service that may be available to you on or through the Website, you agree that you will not share, post or otherwise distribute or facilitates distribution of any content that:
15.1 interfere with any other users use and enjoyment of the Services;
15.2 is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive or another's privacy, tortious, contains explicit or graphic description of sexual acts or otherwise violates these Terms of Use or our policies;
15.3 victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
15.4 infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
15.4.1 contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damages or obtain unauthorised access to any data or other information of any third party; or
15.4.2 constitutes unauthorised or unsolicited advertising, junk, spam or bulk email, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
15.5 We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users. We reserve the right at our discretion to remove any content that in our judgment, does not comply with the Terms of Use, or is otherwise harmful, objectionable or inaccurate.
16. Any communications you send to the Website or otherwise to us by electronic mail are on non-confidential and non-proprietary basis, we shall be free to use the content of any such communications, including ideas, inventions, concepts, techniques or know-how disclose therein, for any purpose, including improving and marketing the Services.
MALICIOUS CONTENT
17. We make all reasonable attempts to exclude viruses, worms, and other malicious content from these web pages, but we cannot and do not guarantee the complete absence of such. You are responsible for taking appropriate safeguards before downloading information from the TJACKET Website.
INTELLECTUAL PROPERTY
18. The TJACKET Website, the user interfaces, the 'look and feel,' the content (including the Products, compilations, images, icons, logos, graphics, text, photographs, audio and video clips), trade marks, trade names and distinctive brand features, and all associated and underlying software, know-how, methodologies and processes, in their parts and in whole (collectively "Intellectual Properties"" and each an "Intellectual Property"") are and will remain the sole property of TWARE, or our sellers or third-party suppliers and are protected by copyright, trademark, trade secret and other intellectual property laws. The software, the data generated by the software, and all other materials made available on this Website are licensed to you by TWARE on a nonexclusive and limited basis.
19. You may not use any meta tags or any other 'hidden text' that incorporate the TJACKET name or trademark unless we give our prior written consent. You may not copy, imitate or make derivatives of any Intellectual Property without prior written consent from T.WARE or the sellers or third-party suppliers owning such Intellectual Property. Unless you have been expressly authorised to do so in writing by T.WARE, you agree that you will not use any logos, trade marks or trade names of TJACKET in a way that will cause or likely to cause confusion about the owner or authorised user of such logos, trade marks and trade names.
20. While you are using the Website, you may print out or electronically store any or all of the web pages or screens in the form in which they appear, without modification, and solely for your personal non-commercial use.
21. You may not scrape, frame, rip, or display information from the TJACKET Website for use in another website or service without our prior written consent.
22. All contents and Intellectual Property on the Website and in connection with the Services and our Products are either owned, controlled or licensed by or to TWARE and is protected by intellectual property rights. No part of the Website, and no content may be copied, reproduced, republished, uploaded, publicly displayed or distributed in any way to any other computer, website or other means of publication or distribution.
23. If you are the rightful owner of a trademark or other intellectual property, and you know or suspect that your rights are being infringed by any products or content featured on the TJACKET Website, please contact us here [contact us at contact@mytware.com].After we receive your complaint, we will conduct an investigation.
PERSONAL INFORMATION
24. In these Terms of Use, "Personal Information" refers to information you knowingly choose to disclose to TWARE including without limitation your name, identity number, mailing address, e-mail address, telephone number and other contact details, PayPal account details and credit card and bank account information.
25. In these Terms of Use, "Non-Personal Information" refers to information that collected passively by cookies or other technologies that does not permit direct association with any specific individual including but not limited to your Internal Protocol address, browser type and language, Internet Service Provider (ISP), operating system, occupation, language, date/time stamp and customer activities on the TJACKET Website.
26. Collection and Use of Information
Personal Information directly supplied by you
(a) TWARE collects Personal Information that you submit to TWARE through the Websites or otherwise. At the time of registration, you may be requested to provide your name, date of birth, identity number, mailing address, email address, contact number and key contact person for communication and support, if needed. Some of the information requested is mandatory. In addition, you might be requested to submit to TWARE your PayPal ID and account number and banking details in order for TWARE to process and monitor payment and refund, if any.
(b) The Personal Information collected will be used for the purposes of identification, processing payment transactions, to provide you with information or services you request, to inform you about events, promotions, products or services that we think will be of interest to you, to improve our Product, the TJACKET Website and the Services and for other purposes for which the information was provided.
(c) By using the TJACKET Website and/or Services, you thereby consent to TWARE's collection, use and disclosure of your Personal Information for the purposes pursuant to clause 27(b) above, in accordance with these Terms of Use.
27. Information Collected Via Our Websites
As you navigate the Websites, Non-Personal Information such as your browser type and browser software version may be passively collected. TWARE uses the Non-Personal Information to understand and analyse trends, to administer the Websites, to learn about user behaviour on the Websites, and to gather demographic information about the Websites user base as a whole. You have the option of disabling cookies via your browser preferences. Please note that certain features of the Websites will not be available once cookies are disabled.
28. Sharing and Disclosure
(a) Personal and Non-Personal Information.
If TWARE combines Non-Personal Information with Personal Information the combined information will be treated as Personal Information as long as it remains combined in accordance with these Terms of Use.
(b) Anonymous Information
TWARE may create anonymous information records from Personal Information by excluding information (such as names and contact numbers) that makes the information personally identifiable to you. TWARE may use the anonymous information internally for T.WARE to analyse users' trend or patterns. Further, TWARE may publish on the Websites, sell to or share with third parties such anonymous information. The anonymous information does not permit the identification of individual persons. TWARE may collect, gather and store general data it obtains from the end users' use of the Websites or Services, and transform such data into valuable statistical and medical research information. You acknowledge that such statistical and medical research information belongs to TWARE and TWARE has the right to transfer, disclose, use or otherwise dealing with such general data for any purpose as it determines in its sole discretion.
(c) Sharing of Personal Information with Contractors
Subject to these Terms of Use, TWARE does not sell or rent Personal Information to third parties. TWARE may provide access to or share Personal Information with consultants, contractors, vendors, and service providers who perform functions on TWARE's behalf in order to carry out their work We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier). The Personal Information shared will only be made available to the extent necessary to perform the services TWARE requires of them.
29. Exit Events
In the event of bankruptcy, merger, sale of company assets, acquisition or reorganization, your Personal Information may be transferred to another business entity. TWARE will exercise reasonable efforts to ensure that the transferred information will be handled in accordance with these Terms of Use.
30. General Law Enforcement
We may disclose your Personal Information if we are so requested by the laws, government agencies or statutory bodies within or outside Singapore to the extent permitted by law.
In particular, we may disclose Personal Information in response to a court order or a subpoena. We also may disclose such information to a law enforcement agency's request or where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, and situation involving potential threats to the physical safety of any person.
The Personal Information may also be used to enforce TWARE's rights, to resolve claims and disputes, to investigate, prevent or take action regarding a breach or an intended breach of TWARE's Terms of Use, to protect other users, to investigate complaints, and to prevent unlawful use of the TJACKET Website and Services.
31. Use of Non-Personal Information
TWARE reserves the right to transfer, disclose, use or otherwise deal with the Non-Personal Information for any purpose as it determines in its sole discretion.
WARRANTIES OF PRODUCTS
32. Warranties of our products are contained in our TJACKET Product Terms of Use.
WEBSITE
33. T.WARE does not warrant or represent to you that:
33.1 the Website and Services will meet your requirements;
33.2 the Website and Services will be uninterrupted, timely, secure or free from error;
33.3 the information obtained through the Website and Services will be accurate, adequate, complete or reliable;
33.4 defects in the Website and Services will be corrected;
33.5 the Services obtained by you through the Website will meet your expectations or be free from mistakes, errors or defects; or
33.6 the integrity and preservation of data stored on our servers will meet your needs.
34. In relation to the Services, TWARE expressly disclaims all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TWARE does not warrant that (a) the use or quality of the Services will be uninterrupted, error-free, timely secure or meet your requirements or expectations; (b) the results obtained from the Services will be accurate and reliable. TWARE is not liable for any inability to access, delay in accessing, or interruptions in access to your TJACKET account or conducting transactions on the site that are caused by unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, or software you use for such access, or other causes beyond our control. You are solely responsible for any damage to your computer system, devices, data, software, firmware or hardware that results from the use of the Services.
LIMITATION OF LIABILITY
35. To the maximum extent permitted by applicable law, in no event will TWARE be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of the Services, or your use or inability to access or use, the Website, whether or not we have been advised of the possibility of such damages.
36. Notwithstanding the other provisions of the Terms of Use, TWARE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use the TJACKET Website and/or the Services, TWARE's liability shall in no event exceed the purchase price of the Products purchased by you.
MODIFICATION OF TJACKET TERMS AND CONDITIONS
37. Notwithstanding any term to the contrary contained within these Terms of Use, we may modify these Terms of Use at any time without notice, and we may notify you by means of a general e-mail or a notice posted on the TJACKET Website. The latest version of the Terms of Use shall supercede and replace all previous versions. Your continued use of your TJACKET account, the TjACKET Website and the Products (regardless of whether modifications are posted or not) will constitute and shall be deemed your valid acceptance of the modified terms and conditions.
YOUR PURCHASE
38. All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
ORDERING PRODUCTS
39. When you buy from the TJACKET Website, we will display the cost of the items purchased, duties and/or taxes (based on shipping address) known to us and any freight costs known to us. We will arrange the transportation through our chosen carrier(s).
ACCEPTANCE OF ORDER
40. Once you have made your selection and your order has been placed using our Website or our Services, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order but a confirmation that we have received it.
41. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Use.
42. We will not be liable to you or any third party by reason of (i) our withdrawing any merchandise from the TJACKET Website whether or not that merchandise has been sold; (ii) removing, screening or editing any materials or content on the TJACKET Website; (iii) refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
43. A contract shall be formed and we shall be legally bound to supply the Product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
CORRECT ADDRESS
44. You shall take all reasonable measures to ensure that you give your correct delivery address when you place orders for items. We request you provide your name and full address including postal code and country. We do not deliver to post office boxes. We are unable to change the address once the items have left our warehouse. If the courier is unable to deliver the shipment after 3 attempts, it will be returned to us. Once a shipment has been signed for by anyone at the shipping address (including security guards, reception and employees), it is deemed "delivered".
PROHIBITED ITEMS
45. We cannot and shall not be liable in the event that your transactions on the TJACKET Website result in any prohibited products being delivered to your shipping address. We encourage you to check with your local Customs Authority to ensure your shipment can be imported.
PRICING POLICY
46. Prices shown on the TJACKET Website are in US dollars.
47. The product prices you see on the TJACKET Website exclude the cost of shipping and tax duties. Depending on your shipment address, different taxation rules may apply. These costs are clearly stated in the "check out" page. Singapore deliveries may attract Goods and Service Tax (GST) that is added at time of check out.
48. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
49. We cannot confirm the prices indicated on the TJACKET Website until your order is submitted to us. In any case, we do not charge any transactions to your credit card until your order has been actually confirmed by us, according to the following clause (PAYMENT).
PAYMENT
50. Payment shall be made by PayPal and any other methods prescribed by the TJACKET Website. All payments made on the TJACKET Website will be handled securely by PayPal including credit card transactions. Upon receiving your order, PayPal will carry out a standard pre-authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Items will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted. You acknowledge that we have no control of or responsibility over PayPal or any other payment method, and cannot guarantee the service level of the payment method. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account with us. You agree to pay all applicable taxes or charges imposed by any government entity in connection with the purchase of goods and/or services. If taxes are required to be paid, TWARE is entitled to invoice you for such charges and all costs incurred by TWARE. If TWARE is advised that payment has not been authorized at the time of purchase or at a later time, we reserve the right to cancel the order.
INTERNATIONAL SHIPMENT AND DELIVERY
SHIPMENT OF PACKAGES
51. The charges for international shipping, duties and taxes on any transaction known to us are pre-paid at the time of your purchase. Any additional taxes and duties not known to us will not be included at the time of your purchase and you are responsible for the payment of such additional taxes and duties.
SHIPPING CHARGES
52. Volumetric weight charges may apply to bulky, lightweight packages. If volumetric weight applies, the calculations will have been incorporated into the charge you pre-pay at the time you purchase the product. Any fuel surcharge is incorporated into the charge and prepaid by you. We may choose to provide flat rate shipping charges or free shipping at certain times at our sole discretion. Your shipping costs will be presented and made clear to you at the point of check out.
DELIVERY
53. TWARE will make every reasonable effort to see that the package is delivered to you according to the delivery company's regular schedules but these are not guaranteed and TWARE cannot and shall not be liable for any damage or loss caused by delivery companies, including delays. International carriers are used to transport purchases. These will be sent via Express service, which typically takes 2 to 5 business days to be shipped out and the time of delivery depends on the relevant carrier and TWARE shall not be responsible for such delay as aforesaid.
54. On delivery of the Products, you may be required to sign for delivery. You agree to inspect the delivered Products for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
55. All risk in the Products shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under the contract and these Terms of Use, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
56. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Products to you) accept delivery or collect the Products from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Products available for delivery or collection and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the Products, and any storage fees as provided for in Clause 57(a) above).
LIMITED LIABILITY FOR LOST OR DAMAGED SHIPMENTS
INTERNATIONAL SHIPMENT AND LIABILITY
57. Every package shipped internationally from the TWARE warehouse is transported on a limited liability basis, relating to direct loss only and subject to the limits specified in the Montreal Convention (currently 17 Special Drawing Rights per kilogram).
MAKING CLAIMS
58. Any claims for loss or damage must be made within 21 days from the date your order was dispatched from our warehouse. The date our email notification is sent to you to confirm order dispatch is used to measure the start of the 21-day period.
59. In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
60. If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to our or the manufacturer's instructions for the Product; or
d) deteriorated through normal wear and tear,
after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
PRODUCT RETURNS
61. If you need to return an item after it has been delivered to you, you must advise us as soon as possible (but in any event no later than sixty (60) calendar days from the delivery date) by sending us an email at contact@mytware.com. You will return the package directly to us and you will need to prepay the return shipment charge. You agree that you may be required to pay additional cleaning or servicing or repair fees depending on the condition of the returned item, or that such fees will be deducted from a refund decision (if any) at our sole discretion. A refund decision will be made at our sole discretion within 7 days of receipt of the returned item.
GENERAL
MODIFICATION OF OUR SERVICES
62. We may modify or terminate the services of the TJACKET Website at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products you have ordered prior to the date of termination. We are constantly improving the Services in order to provide the best possible experience for you. You acknowledge and agree that the form and nature of the Services may change from time to time.
PERFORMANCE AND MAINTENANCE OF SITE
63. We may perform maintenance on the TJACKET Website as required from time to time, in TWARE's sole discretion. We may restrict access to some parts of the TJACKET Website, or the entire TJACKET Website, to users who have registered with us, during any maintenance period.
64. Notwithstanding the foregoing, TWARE is under no obligation to maintain the TJACKET Website, or any features or functionality thereof, or make any changes or modifications to the TJACKET Website requested by you. T.WARE reserves the right, in its sole determination, to modify or eliminate any features or functionality of the TJACKET Website at any time.
65. You acknowledge and agree that there will be occasions when your account registered with us may not be accessible and/or the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Further, you acknowledge and agree that if we disable your access to your account, you may be prevented from accessing your account details, transactions history, files or other contents which are contained in your account.
TERMINATION
66. You may terminate this agreement and your use of your TJACKET account at any time. As noted elsewhere in the Terms of Use, we may suspend or terminate your account if you fail to comply with the Terms of Use, and in the event of such suspension or termination we will incur no liability to you.
CIRCUMSTANCES BEYOND OUR CONTROL
67. We are not liable for any loss or damage arising out of circumstances beyond TWARE's control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, tornado, storm, flood, fog; plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to TWARE; and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference.
INDEMNIFICATION
68. You agree to unconditionally indemnify, defend and hold TWARE and its affiliates, subsidiaries, shareholders, officers, directors and agents harmless from any loss, damage, claim, demand, liability, penalty, cost, expense or fees arising directly or indirectly from or related to your breach of the Terms of Use.
PARTIAL INVALIDITY
69. If any provision of this Terms of Use is judged by a court or body having jurisdiction as illegal, invalid or unenforceable, such provision shall be deemed removed without affecting any other provision. The remaining provisions in the Terms of Use will continue to be valid and enforceable.
WAIVER
70. If either you or TWARE fail to enforce any provision of this agreement, or fail to exercise any right at any time, such failure will not be deemed a waiver thereof.
GOVERNING LAW
71. This agreement is governed by the laws of the Republic of Singapore, without regard to conflict of law principles, and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
ASSIGNMENT
72. You may not transfer or assign any obligations or rights you have under the Terms of Use without prior written consent from TWARE. You may not be re-sell or transfer ownership of the Products without prior written consent from TWARE.
ENTIRE AGREEMENT
73. These Terms of Use constitutes the entire agreement between TWARE and you with respect to the subject matter hereof.
AGENCY
74. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Services by you or this Terms of Use.
July 2013
These Terms and Conditions are Copyright © 2013 TWare Pte. Ltd. All Rights Reserved.
OUR REGISTERED ADDRESS
TWare Pte. Ltd.
Blk 71 Ayer Rajah Crescent
#06-15
Singapore 139951
2. The TJACKET is [a mobile smart vest aimed to help give deep pressure therapy for individual with sensory needs due to sensory differences like autism] (hereinafter "the Product").
3. These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions as modified from time to time.
4. TJACKET website at www.mytjacket.com ("the Website") and related services are made available to you, whether as a guest or a registered user, in accordance with the following Terms of Use, and also incorporated here by reference, and any other rules posted on our Site (collectively, the "Terms of Use"). The Terms of Use forms a legally binding agreement between you and us in relation to the use of our online shopping service, the Website, and related software created by us (hereinafter defined as "Services").
5. By using the Services, and browsing and using the Website, you agree to fully accept all the terms in the Terms of Use. If you do not wish to be bound by these Terms of Use, please exit now. We expressly reserve the absolute right to amend or change these Terms of Use at any time and from time to time by posting the amended terms on the Websites. The Terms of Use (as amended from time to time) comes into effect upon using the Website and/or the Services. Your continued use of the Website and/or the Services after such amendments will constitute acknowledgement and full acceptance of the amended Terms of Use and agreement to abide and be bound by the amended Terms of Use. These Terms of Use must be read in conjunction with the TJACKET Product Terms and Conditions (hyperlinked here) and the terms and conditions contained within the TJACKET Product Terms and Conditions are applicable to these Terms of Use.
USE OF THE TJACKET WEBSITE AND YOUR ACCOUNT
ACCOUNT CREATION
6. You may be required to provide personal information during registration of your account on the Website or in the course of using the Services. Such information may include your name, contact details and other information that is not otherwise publicly available. You are required to provide us with a current, valid e-mail address, your street address, delivery address (if different), and contact phone number. You warrant and certify that the personal information you provide, will always be truthful, accurate and up-to-date. We reserve the right to cancel any unconfirmed account or an account that has been inactive for a long period of time, or if we find you have submitted inaccurate information, or if we determine that your account may be compromised or used for fraudulent purposes. You agree to the use of your personal information for the purposes of us providing our Services to you. Such use of personal information shall be in accordance with the Terms of Use.
NO TRANSFER OF ACCOUNT
7. You may not transfer your TJACKET account or your account login/password to any other person.
SPECIFIED COUNTRIES
8. You may only create a TJACKET account if you reside in a country to which you are shipping.
SECURITY
9. The account password you provide should be unique and kept secure. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including, without limitation, your password. You agree to limit the access to your account to yourself only, and take all reasonable measures to ensure the confidentiality of your password to the account that you use to access the Services. Given that your account can only be accessed by you, you agree that you will be responsible for all activities that occur under your account. If you become aware of or suspect any unauthorized use of your account, or any known or suspected security breach such as disclosure of your password or theft of your account information, you should notify us immediately. You may be held liable for losses incurred by us or any other user of the Website or Services due to someone else using information of your account as a result of your failing to keep your account secure and confidential.
YOUR WARRANTIES AND REPRESENTATIONS
10. You warrant and represent that you are at least 18 years of age or the legal age of majority in your country. You shall not use our Website or our Services to make or accept offers if you are not able to form legally binding contracts.
11. We do not disclose your personal data to third parties, except for your name and delivery address which you consent to and agree is fair and reasonable for the purposes of your use of the Services. When you register for an account with us, you are asked to consent to receive e-mail marketing communications from us. If you give such consent, you may "opt out" (unsubscribe) at any later time by clicking a link provided in any marketing e-mail or on your account.
YOUR USE OF THE WEBSITE AND YOUR CONDUCT
12. You may not use the TJACKET Website or services for any unlawful purpose. We reserve the right to terminate or restrict your access to your account if, in our opinion, your use may violate any laws, infringe upon another person's rights, or breach the terms of the Terms of Use.
13. You may use the TJACKET Website and the services solely for your personal non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, transmit, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within the TJACKET Website.
14. We take Internet fraud very seriously. Any fraudulent or illegal activities on the TJACKET Website will be reported to law enforcement authorities, including the disclosure of personal information. We may in such circumstances disclose your personal information to such authorities and will provide full cooperation with their investigation.
15. Your use of the Website is subject to the Terms of Use and the applicable laws, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, blog, software library or other interactive service that may be available to you on or through the Website, you agree that you will not share, post or otherwise distribute or facilitates distribution of any content that:
15.1 interfere with any other users use and enjoyment of the Services;
15.2 is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive or another's privacy, tortious, contains explicit or graphic description of sexual acts or otherwise violates these Terms of Use or our policies;
15.3 victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
15.4 infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
15.4.1 contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damages or obtain unauthorised access to any data or other information of any third party; or
15.4.2 constitutes unauthorised or unsolicited advertising, junk, spam or bulk email, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
15.5 We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users. We reserve the right at our discretion to remove any content that in our judgment, does not comply with the Terms of Use, or is otherwise harmful, objectionable or inaccurate.
16. Any communications you send to the Website or otherwise to us by electronic mail are on non-confidential and non-proprietary basis, we shall be free to use the content of any such communications, including ideas, inventions, concepts, techniques or know-how disclose therein, for any purpose, including improving and marketing the Services.
MALICIOUS CONTENT
17. We make all reasonable attempts to exclude viruses, worms, and other malicious content from these web pages, but we cannot and do not guarantee the complete absence of such. You are responsible for taking appropriate safeguards before downloading information from the TJACKET Website.
INTELLECTUAL PROPERTY
18. The TJACKET Website, the user interfaces, the 'look and feel,' the content (including the Products, compilations, images, icons, logos, graphics, text, photographs, audio and video clips), trade marks, trade names and distinctive brand features, and all associated and underlying software, know-how, methodologies and processes, in their parts and in whole (collectively "Intellectual Properties"" and each an "Intellectual Property"") are and will remain the sole property of TWARE, or our sellers or third-party suppliers and are protected by copyright, trademark, trade secret and other intellectual property laws. The software, the data generated by the software, and all other materials made available on this Website are licensed to you by TWARE on a nonexclusive and limited basis.
19. You may not use any meta tags or any other 'hidden text' that incorporate the TJACKET name or trademark unless we give our prior written consent. You may not copy, imitate or make derivatives of any Intellectual Property without prior written consent from T.WARE or the sellers or third-party suppliers owning such Intellectual Property. Unless you have been expressly authorised to do so in writing by T.WARE, you agree that you will not use any logos, trade marks or trade names of TJACKET in a way that will cause or likely to cause confusion about the owner or authorised user of such logos, trade marks and trade names.
20. While you are using the Website, you may print out or electronically store any or all of the web pages or screens in the form in which they appear, without modification, and solely for your personal non-commercial use.
21. You may not scrape, frame, rip, or display information from the TJACKET Website for use in another website or service without our prior written consent.
22. All contents and Intellectual Property on the Website and in connection with the Services and our Products are either owned, controlled or licensed by or to TWARE and is protected by intellectual property rights. No part of the Website, and no content may be copied, reproduced, republished, uploaded, publicly displayed or distributed in any way to any other computer, website or other means of publication or distribution.
23. If you are the rightful owner of a trademark or other intellectual property, and you know or suspect that your rights are being infringed by any products or content featured on the TJACKET Website, please contact us here [contact us at contact@mytware.com].After we receive your complaint, we will conduct an investigation.
PERSONAL INFORMATION
24. In these Terms of Use, "Personal Information" refers to information you knowingly choose to disclose to TWARE including without limitation your name, identity number, mailing address, e-mail address, telephone number and other contact details, PayPal account details and credit card and bank account information.
25. In these Terms of Use, "Non-Personal Information" refers to information that collected passively by cookies or other technologies that does not permit direct association with any specific individual including but not limited to your Internal Protocol address, browser type and language, Internet Service Provider (ISP), operating system, occupation, language, date/time stamp and customer activities on the TJACKET Website.
26. Collection and Use of Information
Personal Information directly supplied by you
(a) TWARE collects Personal Information that you submit to TWARE through the Websites or otherwise. At the time of registration, you may be requested to provide your name, date of birth, identity number, mailing address, email address, contact number and key contact person for communication and support, if needed. Some of the information requested is mandatory. In addition, you might be requested to submit to TWARE your PayPal ID and account number and banking details in order for TWARE to process and monitor payment and refund, if any.
(b) The Personal Information collected will be used for the purposes of identification, processing payment transactions, to provide you with information or services you request, to inform you about events, promotions, products or services that we think will be of interest to you, to improve our Product, the TJACKET Website and the Services and for other purposes for which the information was provided.
(c) By using the TJACKET Website and/or Services, you thereby consent to TWARE's collection, use and disclosure of your Personal Information for the purposes pursuant to clause 27(b) above, in accordance with these Terms of Use.
27. Information Collected Via Our Websites
As you navigate the Websites, Non-Personal Information such as your browser type and browser software version may be passively collected. TWARE uses the Non-Personal Information to understand and analyse trends, to administer the Websites, to learn about user behaviour on the Websites, and to gather demographic information about the Websites user base as a whole. You have the option of disabling cookies via your browser preferences. Please note that certain features of the Websites will not be available once cookies are disabled.
28. Sharing and Disclosure
(a) Personal and Non-Personal Information.
If TWARE combines Non-Personal Information with Personal Information the combined information will be treated as Personal Information as long as it remains combined in accordance with these Terms of Use.
(b) Anonymous Information
TWARE may create anonymous information records from Personal Information by excluding information (such as names and contact numbers) that makes the information personally identifiable to you. TWARE may use the anonymous information internally for T.WARE to analyse users' trend or patterns. Further, TWARE may publish on the Websites, sell to or share with third parties such anonymous information. The anonymous information does not permit the identification of individual persons. TWARE may collect, gather and store general data it obtains from the end users' use of the Websites or Services, and transform such data into valuable statistical and medical research information. You acknowledge that such statistical and medical research information belongs to TWARE and TWARE has the right to transfer, disclose, use or otherwise dealing with such general data for any purpose as it determines in its sole discretion.
(c) Sharing of Personal Information with Contractors
Subject to these Terms of Use, TWARE does not sell or rent Personal Information to third parties. TWARE may provide access to or share Personal Information with consultants, contractors, vendors, and service providers who perform functions on TWARE's behalf in order to carry out their work We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier). The Personal Information shared will only be made available to the extent necessary to perform the services TWARE requires of them.
29. Exit Events
In the event of bankruptcy, merger, sale of company assets, acquisition or reorganization, your Personal Information may be transferred to another business entity. TWARE will exercise reasonable efforts to ensure that the transferred information will be handled in accordance with these Terms of Use.
30. General Law Enforcement
We may disclose your Personal Information if we are so requested by the laws, government agencies or statutory bodies within or outside Singapore to the extent permitted by law.
In particular, we may disclose Personal Information in response to a court order or a subpoena. We also may disclose such information to a law enforcement agency's request or where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, and situation involving potential threats to the physical safety of any person.
The Personal Information may also be used to enforce TWARE's rights, to resolve claims and disputes, to investigate, prevent or take action regarding a breach or an intended breach of TWARE's Terms of Use, to protect other users, to investigate complaints, and to prevent unlawful use of the TJACKET Website and Services.
31. Use of Non-Personal Information
TWARE reserves the right to transfer, disclose, use or otherwise deal with the Non-Personal Information for any purpose as it determines in its sole discretion.
WARRANTIES OF PRODUCTS
32. Warranties of our products are contained in our TJACKET Product Terms of Use.
WEBSITE
33. T.WARE does not warrant or represent to you that:
33.1 the Website and Services will meet your requirements;
33.2 the Website and Services will be uninterrupted, timely, secure or free from error;
33.3 the information obtained through the Website and Services will be accurate, adequate, complete or reliable;
33.4 defects in the Website and Services will be corrected;
33.5 the Services obtained by you through the Website will meet your expectations or be free from mistakes, errors or defects; or
33.6 the integrity and preservation of data stored on our servers will meet your needs.
34. In relation to the Services, TWARE expressly disclaims all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TWARE does not warrant that (a) the use or quality of the Services will be uninterrupted, error-free, timely secure or meet your requirements or expectations; (b) the results obtained from the Services will be accurate and reliable. TWARE is not liable for any inability to access, delay in accessing, or interruptions in access to your TJACKET account or conducting transactions on the site that are caused by unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, or software you use for such access, or other causes beyond our control. You are solely responsible for any damage to your computer system, devices, data, software, firmware or hardware that results from the use of the Services.
LIMITATION OF LIABILITY
35. To the maximum extent permitted by applicable law, in no event will TWARE be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of the Services, or your use or inability to access or use, the Website, whether or not we have been advised of the possibility of such damages.
36. Notwithstanding the other provisions of the Terms of Use, TWARE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use the TJACKET Website and/or the Services, TWARE's liability shall in no event exceed the purchase price of the Products purchased by you.
MODIFICATION OF TJACKET TERMS AND CONDITIONS
37. Notwithstanding any term to the contrary contained within these Terms of Use, we may modify these Terms of Use at any time without notice, and we may notify you by means of a general e-mail or a notice posted on the TJACKET Website. The latest version of the Terms of Use shall supercede and replace all previous versions. Your continued use of your TJACKET account, the TjACKET Website and the Products (regardless of whether modifications are posted or not) will constitute and shall be deemed your valid acceptance of the modified terms and conditions.
YOUR PURCHASE
38. All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
ORDERING PRODUCTS
39. When you buy from the TJACKET Website, we will display the cost of the items purchased, duties and/or taxes (based on shipping address) known to us and any freight costs known to us. We will arrange the transportation through our chosen carrier(s).
ACCEPTANCE OF ORDER
40. Once you have made your selection and your order has been placed using our Website or our Services, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order but a confirmation that we have received it.
41. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Use.
42. We will not be liable to you or any third party by reason of (i) our withdrawing any merchandise from the TJACKET Website whether or not that merchandise has been sold; (ii) removing, screening or editing any materials or content on the TJACKET Website; (iii) refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
43. A contract shall be formed and we shall be legally bound to supply the Product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
CORRECT ADDRESS
44. You shall take all reasonable measures to ensure that you give your correct delivery address when you place orders for items. We request you provide your name and full address including postal code and country. We do not deliver to post office boxes. We are unable to change the address once the items have left our warehouse. If the courier is unable to deliver the shipment after 3 attempts, it will be returned to us. Once a shipment has been signed for by anyone at the shipping address (including security guards, reception and employees), it is deemed "delivered".
PROHIBITED ITEMS
45. We cannot and shall not be liable in the event that your transactions on the TJACKET Website result in any prohibited products being delivered to your shipping address. We encourage you to check with your local Customs Authority to ensure your shipment can be imported.
PRICING POLICY
46. Prices shown on the TJACKET Website are in US dollars.
47. The product prices you see on the TJACKET Website exclude the cost of shipping and tax duties. Depending on your shipment address, different taxation rules may apply. These costs are clearly stated in the "check out" page. Singapore deliveries may attract Goods and Service Tax (GST) that is added at time of check out.
48. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
49. We cannot confirm the prices indicated on the TJACKET Website until your order is submitted to us. In any case, we do not charge any transactions to your credit card until your order has been actually confirmed by us, according to the following clause (PAYMENT).
PAYMENT
50. Payment shall be made by PayPal and any other methods prescribed by the TJACKET Website. All payments made on the TJACKET Website will be handled securely by PayPal including credit card transactions. Upon receiving your order, PayPal will carry out a standard pre-authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Items will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted. You acknowledge that we have no control of or responsibility over PayPal or any other payment method, and cannot guarantee the service level of the payment method. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account with us. You agree to pay all applicable taxes or charges imposed by any government entity in connection with the purchase of goods and/or services. If taxes are required to be paid, TWARE is entitled to invoice you for such charges and all costs incurred by TWARE. If TWARE is advised that payment has not been authorized at the time of purchase or at a later time, we reserve the right to cancel the order.
INTERNATIONAL SHIPMENT AND DELIVERY
SHIPMENT OF PACKAGES
51. The charges for international shipping, duties and taxes on any transaction known to us are pre-paid at the time of your purchase. Any additional taxes and duties not known to us will not be included at the time of your purchase and you are responsible for the payment of such additional taxes and duties.
SHIPPING CHARGES
52. Volumetric weight charges may apply to bulky, lightweight packages. If volumetric weight applies, the calculations will have been incorporated into the charge you pre-pay at the time you purchase the product. Any fuel surcharge is incorporated into the charge and prepaid by you. We may choose to provide flat rate shipping charges or free shipping at certain times at our sole discretion. Your shipping costs will be presented and made clear to you at the point of check out.
DELIVERY
53. TWARE will make every reasonable effort to see that the package is delivered to you according to the delivery company's regular schedules but these are not guaranteed and TWARE cannot and shall not be liable for any damage or loss caused by delivery companies, including delays. International carriers are used to transport purchases. These will be sent via Express service, which typically takes 2 to 5 business days to be shipped out and the time of delivery depends on the relevant carrier and TWARE shall not be responsible for such delay as aforesaid.
54. On delivery of the Products, you may be required to sign for delivery. You agree to inspect the delivered Products for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
55. All risk in the Products shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under the contract and these Terms of Use, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
56. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Products to you) accept delivery or collect the Products from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Products available for delivery or collection and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the Products, and any storage fees as provided for in Clause 57(a) above).
LIMITED LIABILITY FOR LOST OR DAMAGED SHIPMENTS
INTERNATIONAL SHIPMENT AND LIABILITY
57. Every package shipped internationally from the TWARE warehouse is transported on a limited liability basis, relating to direct loss only and subject to the limits specified in the Montreal Convention (currently 17 Special Drawing Rights per kilogram).
MAKING CLAIMS
58. Any claims for loss or damage must be made within 21 days from the date your order was dispatched from our warehouse. The date our email notification is sent to you to confirm order dispatch is used to measure the start of the 21-day period.
59. In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
60. If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to our or the manufacturer's instructions for the Product; or
d) deteriorated through normal wear and tear,
after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
PRODUCT RETURNS
61. If you need to return an item after it has been delivered to you, you must advise us as soon as possible (but in any event no later than sixty (60) calendar days from the delivery date) by sending us an email at contact@mytware.com. You will return the package directly to us and you will need to prepay the return shipment charge. You agree that you may be required to pay additional cleaning or servicing or repair fees depending on the condition of the returned item, or that such fees will be deducted from a refund decision (if any) at our sole discretion. A refund decision will be made at our sole discretion within 7 days of receipt of the returned item.
GENERAL
MODIFICATION OF OUR SERVICES
62. We may modify or terminate the services of the TJACKET Website at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products you have ordered prior to the date of termination. We are constantly improving the Services in order to provide the best possible experience for you. You acknowledge and agree that the form and nature of the Services may change from time to time.
PERFORMANCE AND MAINTENANCE OF SITE
63. We may perform maintenance on the TJACKET Website as required from time to time, in TWARE's sole discretion. We may restrict access to some parts of the TJACKET Website, or the entire TJACKET Website, to users who have registered with us, during any maintenance period.
64. Notwithstanding the foregoing, TWARE is under no obligation to maintain the TJACKET Website, or any features or functionality thereof, or make any changes or modifications to the TJACKET Website requested by you. T.WARE reserves the right, in its sole determination, to modify or eliminate any features or functionality of the TJACKET Website at any time.
65. You acknowledge and agree that there will be occasions when your account registered with us may not be accessible and/or the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Further, you acknowledge and agree that if we disable your access to your account, you may be prevented from accessing your account details, transactions history, files or other contents which are contained in your account.
TERMINATION
66. You may terminate this agreement and your use of your TJACKET account at any time. As noted elsewhere in the Terms of Use, we may suspend or terminate your account if you fail to comply with the Terms of Use, and in the event of such suspension or termination we will incur no liability to you.
CIRCUMSTANCES BEYOND OUR CONTROL
67. We are not liable for any loss or damage arising out of circumstances beyond TWARE's control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, tornado, storm, flood, fog; plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to TWARE; and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference.
INDEMNIFICATION
68. You agree to unconditionally indemnify, defend and hold TWARE and its affiliates, subsidiaries, shareholders, officers, directors and agents harmless from any loss, damage, claim, demand, liability, penalty, cost, expense or fees arising directly or indirectly from or related to your breach of the Terms of Use.
PARTIAL INVALIDITY
69. If any provision of this Terms of Use is judged by a court or body having jurisdiction as illegal, invalid or unenforceable, such provision shall be deemed removed without affecting any other provision. The remaining provisions in the Terms of Use will continue to be valid and enforceable.
WAIVER
70. If either you or TWARE fail to enforce any provision of this agreement, or fail to exercise any right at any time, such failure will not be deemed a waiver thereof.
GOVERNING LAW
71. This agreement is governed by the laws of the Republic of Singapore, without regard to conflict of law principles, and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
ASSIGNMENT
72. You may not transfer or assign any obligations or rights you have under the Terms of Use without prior written consent from TWARE. You may not be re-sell or transfer ownership of the Products without prior written consent from TWARE.
ENTIRE AGREEMENT
73. These Terms of Use constitutes the entire agreement between TWARE and you with respect to the subject matter hereof.
AGENCY
74. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Services by you or this Terms of Use.
July 2013
These Terms and Conditions are Copyright © 2013 TWare Pte. Ltd. All Rights Reserved.
OUR REGISTERED ADDRESS
TWare Pte. Ltd.
Blk 71 Ayer Rajah Crescent
#06-15
Singapore 139951
