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Terms & Conditions of Sale
Welcome to the arthalo.ca website. Please read these terms and
of the site (defined below)and the use of the Services. By accessing the site and/or
Access to and use of password protected and/or secure areas of the Site and/or
use of the Services are restricted to Customers with accounts only. You may not
obtain or attempt to obtain unauthorised access to such parts of this Site
and/or Services, or to any other protected information, through any means not
intentionally made available by us for your specific use. A breach of this
provision may be an offence under the Computer Misuse Act (Chapter 50A) of
If you are below 18 years old: you must obtain consent from your
their agreement to take responsibility for: (i) your actions; (ii) any charges
associated with your use of any of the Services or purchase of Products; and
have consent from your parent(s) or legal guardian(s), you must stop
using/accessing this Site and using the
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of
2. General use of Services and/or access of Site
2.1 Guidelines to the use of Site and/or Services: You agree to comply with any
and all the guidelines, notices, operating rules and policies and instructions
pertaining to the use of the Services and/or access to the Site, as well as any
amendments to the aforementioned, issued by us, from time to time. We reserve
the right to revise these guidelines, notices, operating rules and policies and
instructions at any time and you are deemed to be aware of and bound by any
changes to the foregoing upon their publication on the Site.
2.2 Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise
misrepresent your affiliation with any person or entity;
(b) use the Site or Services for illegal
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt
other computer systems or networks connected to the Site or Services;
(d) post, promote or transmit through the Site or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Site or Services;
(f) use or upload, in any way, any software or material that contains, or which
you have reason to suspect that contains, viruses, damaging components,
malicious code or harmful components which may impair or corrupt the Site ’s
data or damage or interfere with the operation of another Customer’s computer
or mobile device or the Site or
(g) use the Site or Services other than
in conformance with the acceptable use policies of any connected computer
networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of Site and Services:
We may, from time to time and without giving any reason or prior notice,
upgrade, modify, suspend or discontinue the provision of or remove, whether in
whole or in part, the Site or any
Services and shall not be liable if any such upgrade, modification, suspension
or removal prevents you from accessing the Site or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but
shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on
the Site and/or through the Services. We may in our sole and absolute
discretion, investigate any violation of the terms and conditions contained
herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Site and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law,
statute or regulation to the appropriate authorities and to co-operate with
such authorities; and/or
(d) to request any information and data from you in connection with your use of
the Services and/or access of the Site at any time and to exercise our right
under this paragraph if you refuse to divulge such information and/or data or
if you provide or if we have reasonable grounds to suspect that you have
provided inaccurate, misleading or fraudulent information and/or data.
2.6 Terms & Conditions of Sale: Purchases of any Product would be subject
to the Terms & Conditions of Sale as set out at http://www. arthalo.ca/terms-of-use/#tos.
aspects of the Materials and Services, more comprehensive or updated versions
of the Materials offered by us or our designated sub-contractors, may be
subject to additional terms and conditions, which will apply in full force and
3. Use of Services
3.1 Application of this Clause: In addition to all other terms and conditions
specific terms and conditions governing your use of the Services.
3.2 Restrictions: Use of the Services is limited to authorised Customers that
are of legal age and who have the legal capacity to enter into and form
contracts under any applicable law. Customers who have breached or are in
breach of the terms and conditions contained herein and Customers who have been
permanently or temporarily suspended from use of any of the Services may not use
the Services even if they satisfy the requirements of this Clause 3.2.
(a) to access and/or use the Services only for lawful purposes and in a lawful
manner at all times and further agree to conduct any activity relating to the
Services in good faith; and
(b) to ensure that any information or data you post or cause to appear on the Site
in connection with the Services is accurate and agree to take sole
responsibility for such information and data.
3.4 Product description: While we endeavour to provide an accurate description
of the Products, we do not warrant that such description is accurate, current
or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless
otherwise stated. We reserve the right to amend the Listing Prices at any time
without giving any reason or prior notice.
4. Customers with our accounts
4.1 Username/Password: Certain Services that may be made available on the Site may
require creation of an account with us or for you to provide Personal Data. If
you request to create an account with us, a Username and Password may either
be: (i) determined and issued to you by us; or (ii) provided by you and
accepted by us in our sole and absolute discretion in connection with the use
of the Services and/or access to the relevant Site . We may at any time in our
sole and absolute discretion, request that you update your Personal Data or
forthwith invalidate the Username and/or Password without giving any reason or
prior notice and shall not be liable or responsible for any Losses suffered by
or caused by you or arising out of or in connection with or by reason of such
request or invalidation. You hereby agree to change your Password from time to
time and to keep the Username and Password confidential and shall be
responsible for the security of your account and liable for any disclosure or
use (whether such use is authorised or not) of the Username and/or Password.
You are to notify us immediately if you have knowledge that or have reason for
suspecting that the confidentiality of the Username and/or Password has been
compromised or if there has been any unauthorised use of the Username and/or
Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the
Services and/or any access to the Site and any information, data or communications
referable to your Username and Password shall be deemed to be, as the case may
(a) access to the relevant Site and/or
use of the Services by you; or
(b) information, data or communications posted, transmitted and validly issued
You agree to be bound by any access of the Site and/or use of any Services (whether such
access or use are authorised by you or not) and you agree that we shall be
entitled (but not obliged) to act upon, rely on or hold you solely responsible
and liable in respect thereof as if the same were carried out or transmitted by
you. You further agree and acknowledge that you shall be bound by and agree to
fully indemnify us against any and all Losses attributable to any use of any
Services and/or or access to the Site referable to your Username and Password.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Site and the Materials are owned, licensed to or
controlled by us, our licensors or our service providers. We reserve the right
to enforce its Intellectual Property to the fullest extent of the law.
5.2 Restricted use: No part or parts of the Site , or any Materials may be
reproduced, reverse engineered, decompiled, disassembled, separated, altered,
distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed,
transferred or transmitted in any manner or by any means or stored in an
information retrieval system or installed on any servers, system or equipment
without our prior written permission or that of the relevant copyright owners.
Subject to Clause 5.3, permission will only be granted to you to download,
print or use the Materials for personal and non-commercial uses, provided that
you do not modify the Materials and that we or the relevant copyright owners
retain all copyright and other proprietary notices contained in the Materials.
5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us
construed as granting, by implication, estoppel, or otherwise, any license or
right to use (including as a meta tag or as a “hot” link to any other website)
any Trademarks displayed on the Services, without our written permission or any
other applicable trademark owner.
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Site and the Materials are provided on an “as is”
and “as available” basis. All data and/or information contained in the Site ,
the Services or the Materials are provided for informational purposes only. No
representations or warranties of any kind, implied, express or statutory,
including the warranties of non-infringement of third party rights, title,
merchantability, satisfactory quality or fitness for a particular purpose, are
given in conjunction with the Site , the Services or the Materials. Without
prejudice to the generality of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all
data and/or information contained in the Site , the Services or the Materials;
(b) that the Site , the Services or that any of the Materials will be provided uninterrupted,
secure or free from errors or omissions, or that any identified defect will be
(c) that the Site , the Services or the Materials are free from any computer
virus or other malicious, destructive or corrupting code, agent, program or
(d) the security of any information transmitted by you or to you through the Site
or the Services, and you accept the risk
that any information transmitted or received through the Services or the Site
may be accessed by unauthorised third parties and/or disclosed by us or our
officers, employees or agents to third parties purporting to be you or
purporting to act under your authority. Transmissions over the Internet and
electronic mail may be subject to interruption, transmission blackout, delayed
transmission due to internet traffic or incorrect data transmission due to the
public nature of the Internet.
6.2 Exclusion of liability: Our company Indemnitees shall not be liable to you
for any Losses whatsoever or howsoever caused (regardless of the form of
action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Site or the Services;
(b) reliance on any data or information made available through the Site and/or through the Services. You should not
act on such data or information without first independently verifying its
(c) any system, server or connection failure, error, omission, interruption,
delay in transmission, computer virus or other malicious, destructive or
corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Site,
even if we or our officers or agents or employees may have been advised of, or
otherwise might have anticipated, the possibility of the same.
6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or
Losses resulting from the use of the Site is entirely at your own risk and we
shall not be liable therefor.
7. Hyperlinks, alerts and advertising
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other
websites or content on the Internet that are owned or operated by third
parties. Such linked websites or content are not under our control and we are
not liable for any errors, omissions, delays, defamation, libel, slander, falsehood,
obscenity, pornography, profanity, inaccuracy or any other objectionable
material contained in the contents, or the consequences of accessing, any
linked website. Any hyperlinks to any other websites or content are not an
endorsement or verification of such websites or content and you agree that your
access to or use of such linked websites or content is entirely at your own
7.2 Advertising: We may attach banners, java applets and/or such other
materials to the Site for the purposes
of advertising our or our Third Party Vendors’ products and/or services. For
the avoidance of doubt, you shall not be entitled to receive any payment, fee
and/or commission in respect of any such advertising or other promotional
8. Your submissions and information
8.1 Submissions by you: You grant us a non-exclusive licence to use the
materials or information that you submit to the Site and/or provide to us,
including but not limited to, questions, reviews, comments, and suggestions
(collectively, “Submissions”). When you post comments or reviews to the Site ,
you also grant us the right to use the name that you submit or your Username in
connection with such review, comment, or other content. You shall not use a
false e-mail address, pretend to be someone other than yourself or otherwise
mislead us or third parties as to the origin of any Submissions. We may, but
shall not be obligated to, publish, remove or edit your Submissions.
8.2 Consent to receive e-mails: You consent to and authorise the use by us of
any information provided by you (including Personal Data) for the purposes of
sending informational and promotional e-mails to you. Your agreement to the
provisions of this Clause 8.2 shall constitute your consent for the purpose of
the provisions of any spam control laws (whether in Singapore or elsewhere).
You may subsequently opt out of receiving promotional e-mails by clicking on
the appropriate hyperlink in any promotional e-mail.
Policy at http://www.arthalo.ca/privacy-policy/ and consent to our collection,
use and disclosure of your Personal Data for the purposes as set out in the
9.1 Termination by us: In our sole and absolute discretion, we may with
immediate effect upon giving you notice, terminate your use of the Site and/or Services and/or disable your Username
and Password. We may bar access to the Site and/or Services (or any part thereof) for any
we believe that you have violated or acted inconsistently with any terms or
conditions set out herein, or if in our opinion or the opinion of any
regulatory authority, it is not suitable to continue providing the services
relating to the Site .
days’ notice in writing to us.
10.1 Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be
deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be
received by you on the day following such posting or on the day when it was so
10.2 Notices from you: You may only give notice to us in writing sent to our
designated address or e-mail address, and we shall be deemed to have received
such notice only upon receipt. While we endeavour to respond promptly to
notices from you, we cannot guarantee that we will always respond with
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to
time designate other acceptable modes of giving notices (including but not
limited to e-mail or other forms of electronic communication) and the time or
event by which such notice shall be deemed given.
11.1 Cumulative rights and remedies: Unless otherwise provided under these
addition to any rights or remedies we may have in law or in equity, and no
in equity, shall (save to the extent, if any, provided expressly in these Terms
of Use or at law or in equity) operate so as to hinder or prevent our exercise
of any other such right or remedy as at law or in equity.
a waiver of these terms, and such failure shall not affect the right later to
or shall become illegal, invalid or unenforceable in any respect, the legality,
validity and enforceability of the remaining provisions of this Agreement shall
not be affected or impaired thereby, and shall continue in force as if such
illegal, invalid or unenforceable provision was severed from these Terms of
11.4 Rights of third parties: A person or entity who is not a party to these
Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to
entity has been identified by name, as a member of a class or as answering a
particular description. For the avoidance of doubt, nothing in this Clause
shall affect the rights of any permitted assignee or transferee of these Terms
shall be governed by and construed in accordance with Singapore law and you
hereby submit to the exclusive jurisdiction of the Singapore courts.
11.6 Injunctive relief: We may seek immediate injunctive relief if we make a
good faith determination that a breach or non-performance is such that a
temporary restraining order or other immediate injunctive relief is the only
appropriate or adequate remedy.
11.7 Amendments: We may by notice through the Site or by such other method of
notification as we may designate (which may include notification by way of
take effect on the date we specify through the above means. If you use the Site
or the Services after such date, you are deemed to have accepted such
variation. If you do not accept the variation, you must stop access or using
the Site and the Services and terminate
aforesaid will be exercised with may be exercised without the consent of any
11.8 Correction of errors: Any typographical, clerical or other error or
omission in any acceptance, invoice or other document on our part shall be
subject to correction without any liability on our part.
in any language other than English (“Foreign Language Version”), the English
over the Foreign Language Version.
agreement between you and us relating to the subject matter hereof and
supersedes and replaces in full all prior understandings, communications and
agreements with respect to the subject matter hereof.
11.12 Binding and conclusive: You acknowledge and agree that any records
(including records of any telephone conversations relating to the Services, if
any) maintained by us or our service providers relating to or in connection
with the Site and Services shall be
binding and conclusive on you for all purposes whatsoever and shall be conclusive
evidence of any information and/or data transmitted between us and you. You
hereby agree that all such records are admissible in evidence and that you
shall not challenge or dispute the admissibility, reliability, accuracy or the
authenticity of such records merely on the basis that such records are in
electronic form or are the output of a computer system, and you hereby waive
any of your rights, if any, to so object.
11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract
the performance of any of our functions in connection with the Site and/or
Services and reserve the right to use any service providers, subcontractors
and/or agents on such terms as we deem appropriate.
without our prior written consent. We may assign our rights under these Terms
of Use to any third party.
11.15 Force Majeure: We shall not be liable for non-performance, error,
interruption or delay in the performance of its obligations under these Terms
of Use (or any part thereof) or for any inaccuracy, unreliability or
unsuitability of the Site 's and/or Services’ contents if this is due, in whole
or in part, directly or indirectly to an event or failure which is beyond our reasonable
Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2 “Intellectual Property” means all copyright, patents, utility innovations,
trade marks and service marks, geographical indications, domain names, layout
design rights, registered designs, design rights, database rights, trade or
business names, rights protecting trade secrets and confidential information,
rights protecting goodwill and reputation, and all other similar or
corresponding proprietary rights and all applications for the same, whether
presently existing or created in the future, anywhere in the world, whether
registered or not, and all benefits, privileges, rights to sue, recover damages
and obtain relief or other remedies for any past, current or future
infringement, misappropriation or violation of any of the foregoing rights.
1.3 “Our company Indemnitees” means ARTHALOCA PTE. LTD. and all of its respective officers, employees, directors,
agents, contractors and assigns.
1.4 “Our company”, “we”, “our” and “us” refer to xxx, a company incorporated
pursuant to the laws of Singapore
under registration number
and having its registered address at see contacts.
1.5 “Listing Price” means the price of Products listed for sale to Customers,
as stated on the Site .
1.6 “Losses” means all penalties, losses, settlement sums, costs (including
legal fees and expenses on a solicitor-client basis), charges, expenses,
actions, proceedings, claims, demands and other liabilities, whether
foreseeable or not.
1.7 “Materials” means, collectively, all web pages on the Site, including the
information, images, links, sounds, graphics, video, software, applications and
other materials displayed or made available on the Site and the functionalities or services provided
on the Site.
1.8 “Order” means your order for Products sent through the Site in accordance with the Terms & Conditions
1.9 “Password” refers to the valid password that a Customer who has an account
with us may use in conjunction with the Username to access the relevant Site and/or Services.
1.10 “Personal Data” means data, whether true or not, that can be used to
identify, contact or locate you. Personal Data can include your name, e-mail
address, billing address, shipping address, phone number and credit card
information. “Personal Data” shall be deemed to include any data that you have
provided to us when placing an Order, regardless of whether you have an account
1.11 “Site” means (a) both the web and mobile versions of the website operated
and/or owned by us which is presently located at the following URL: www.arthalo.ca;
and (b) the mobile applications made available from time to time by us,
including the iOS and Android versions.
1.13 “Product” means a product (including any installment of the product or any
parts thereof) available for sale to Customers on the Site .
1.14 “Prohibited Material” means any information, graphics, photographs, data
and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or
(a) infringes any third-party Intellectual Property or any other proprietary
(b) is defamatory, libellous or threatening;
(c) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen,
harmful or otherwise illegal under the applicable law (including without
limitation the provisions of the Singapore Broadcasting Authority (Class
Licence) Notification 1996); and/or
(d) is or may be construed as offensive and/or otherwise objectionable, in our
1.15 “Services” means services, information and functions made available by us
at the Site .
1.17 “Terms & Conditions of Sale” means the terms and conditions governing
a Customer’s purchase of the Products and are set out at http://www.arthalo.ca/terms-of-use/#tos.
these terms and conditions.
1.19 “Trademarks” means the trademarks, service marks, trade names and logos
used and displayed on the Site .
1.20 “Username” refers to the unique login identification name or code which
identifies a Customer who has an account with us.
1.21 “you” and “your” refer to the individuals over the age of 18 or otherwise
under the supervision of a parent or legal guardian.
statute shall be construed as a reference to that provision as amended,
re-enacted or extended at the relevant time. In the Agreement, whenever the
words “include”, “includes” or “including” are used, they will be deemed to be
followed by the words “without limitation”. Unless expressly indicated
otherwise, all references to a number of days mean calendar days, and the words
“month” or “monthly” as well as all references to a number of months means
calendar months. Clause headings are inserted for convenience only and shall
whether such provisions are contained in the same or different documents, such
conflict or inconsistency shall be resolved in favour of our company and the
provision which is more favourable to us shall prevail.