TERMS AND CONDITIONS
TERMS OF USE
The following terms (“Terms of Use”) constitute an agreement between you and A-Avinz Pte Ltd (UEN No.: 201117811Z), a company incorporated in Singapore and having its registered address at 7030 Ang Mo Kio Ave 5. #07-37 Northstar@ Ang Mo Kio, Singapore 569880 (“Company,” “we” or “our” or “us”).
1. GENERAL
1.1 You agree that these Terms of Use contained herein including the Privacy Policy governs your use of the services (“Services”) provided in our website (“Website”) and our mobile application, ‘Oly’ (“App”) (collectively, “Channels”).
1.2 By using the Channels, you acknowledge that you have read and agree to the Terms of Use and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference.
1.3 If you do not agree to be bound by these Terms of Use, please refrain from using the Channels.
2. REGISTRATION
2.1 The Services are available only to and shall only be used by individuals who can form legally binding contracts under the law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). If you are under the age of 18, you can use the Services only in conjunction with and under the supervision of your parents or legal guardians. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such child. By using the Services on behalf of such child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
2.2 You shall be solely responsible for your personal information notwithstanding the Company using and protecting your personal information in accordance with our Privacy Policy which is available at http://oly.asia/privacy-policy. You acknowledge that no data transmission over the internet can be completely secure, and we cannot give an absolute assurance that your personal information you provide to us will be secured at all times. If you object to your personal information being used, please refrain from using the Channels and the Services.
2.3 You acknowledge that if you do not register as a member in any of our Channels, your activity in the Channels will be limited.
2.4 Without limiting other remedies, to the maximum extent permitted by law, our Company may at its sole discretion limit your activity, temporarily or indefinitely suspend or terminate your membership and refuse to provide the Services to you if: (a) you breach any Term of Use hereof or any terms incorporated by reference; (b) we are unable to verify or authenticate any information provided to us which we deemed is requisite and necessary; or (c) we believe that your actions may cause financial loss or legal liability to us.
2.5 We reserve the right, to change, modify, add or remove portions of these Terms of Use at any time. Changes will be effective when posted on the Channels with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Channels.
3. USE OF THE CHANNELS AND/OR SERVICES
3.1 We grant you a non-transferable and revocable license to use the Channels and/or the Services, subject to these Terms of Use, for the purpose of shopping for items / products sold on the Channels. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you. You agree that when using the Channels, you will not:
3.1.1 use part of the Channels reserved for registered members unless you are registered as a member;
3.1.2 interfere with the usage of the Channels by others;
3.1.3 use the Channels in an illegal manner;
3.1.4 upload, post, email or otherwise transmit any document or information to the Channels that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, seditious, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
3.1.5 upload, post, email or otherwise transmit any document or information to the Channels that infringes any Intellectual Property Rights of any person;
3.1.6 post or transmit any unsolicited advertising or promotional materials;
3.1.7 attempt to gain unauthorized access to any of the Channels, user accounts, computer systems or networks through hacking, password mining or any other means;
3.1.8 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
3.1.9 interfere with or disrupt the Channels, the server hosting the Channels, or servers or networks connected to the server hosting the Channels.
3.2 Content provided on the Channels are solely for informational purposes. Product representations expressed on the Channels shall be accurate and reliable as at the date of posting, unless otherwise stated.
3.3 Certain services and related features that may be made available on the Channels may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Channels is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
3.4 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 Channels or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Channels or any part of the Services.
3.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Channels and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any an authorised user to the Channels 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 Channels 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.
3.6 You acknowledge that only the Company will list and sell products on the Channels. Each agreement entered into for the sale of a product, by the Company with a customer shall be an agreement entered into directly and only between the Company and he customer.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge and agree that the copyright and other intellectual property rights in the Channels and in all information and materials therein ("Channel Content") are owned by our Company, unless otherwise expressly indicated. The Channel Content is protected by Singaporean and/or international copyright and trademark laws.
4.2 You agree that you will not do any of the following without our prior written permission:
4.2.1 use our trademarks;
4.2.2 reproduce, copy, modify, merge, adapt, translate, re-publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Channel Content available to the public;
4.2.3 transmit or display the Channel Content on any computer, system or network which permits electronic access by more than one user at a time;
4.2.4 use, sell, assign, rent, sub-licence or otherwise deal with the Channel Content except as permitted by these Terms of Use;
4.2.5 reverse engineer, decipher, decompile or otherwise disassemble any portion of the Channel Content or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
4.2.6 any other act or omission which infringes the Company’s rights or the rights of the Company’s content suppliers in any way.
4.3 If you are interested in a part of the Channel Content solely for your own personal and non-commercial use, you may save a single copy, print one or download one.
5. LINKS AND ADVERTISING
5.1 The Company provides hyperlinks to linked sites (“Linked Sites”) for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by the Company or our affiliates. In addition, the inclusion of advertising on the Channels (whether with or without hyperlinks) is not an endorsement or recommendation of the advertiser by the Company or our affiliates.
5.2. You acknowledge and agree that Linked Sites are not under the control of the Company and that we are not liable or responsible for:
5.2.1 any act, omission or negligence of any person who administers or owns any Linked Sites;
5.2.2 the copyright compliance, legality or decency of any Linked Sites;
5.2.3 the accuracy or reliability of any information provided by any Linked Sites;
5.2.4 the privacy policies of the Linked Sites;
5.2.5 any goods or services provided by any person who administers or owns any Linked Sites; or
5.2.6 the performance of any obligation owing to by any person who administers or owns any Linked Sites.
6. REPRESENTATIONS AND WARRANTIES
6.1 You acknowledge and agree that apart from where required by law, the Channels, all Channel Content and the Services are provided “as is” without warranties of any kind, express or implied. The Company, our parent companies, officers, directors, employees and agents specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
6.2 You acknowledge that, apart from where stated to the contrary on the Channels, we have not made any representations or given any warranties:
6.2.1 as to the functionality or content of Services and the Channels;
6.2.2 as to the accuracy, or completeness of any of the Channel Content;
6.2.3 that access to the Channels will be uninterrupted or error free or that the server which stores and transmits the Channel Content to you are free from viruses;
6.2.4 that any links contained on the Channels shall provide you with any useful information; and
6.2.5 that content provided on the Channels and Services are applicable or appropriate for use in locations outside of Singapore.
7. DISCLAIMER
7.1 To the maximum extent permitted by law, neither the Company nor our affiliates nor the officers, directors, employees and agents of the Company or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:
7.1.1 your use of the Channels;
7.1.2 the accuracy, completeness or usefulness of any Channel Content or information contained in the Channels;
7.1.3 your use of any other websites that the Linked Sites links to;
7.1.4 any goods or services supplied pursuant to these Terms of Use; or
7.1.5 failure of the Company to comply with its obligations under these Terms of Use.
7.2 If you are dissatisfied with any content on the Channels, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use is at your sole risk.
7.3 In the event any applicable law does not allow the exclusion of liability set forth above or any part of this exclusion of liability is found to be invalid or unenforceable for any reason, then to the maximum extent permitted by law, the aggregate liability of the Company under such circumstances for liabilities that otherwise would have been limited shall not exceed the price you paid for the Services via the Channels.
8. INDEMNITY
8.1 You agree to indemnify and hold the Company and, if applicable, our parent companies, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand (including reasonable solicitors’ fees) made by any third party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of any third parties or the use of the Channels.
9. GOVERNING LAW
9.1 These Terms of Use shall be construed in accordance with and shall be governed by the laws in force in Singapore.
9.2 You irrevocably submit to and accept the exclusive jurisdiction of the Courts of Singapore.
10. CONTACT US
10.1 If you have any questions or queries, contact us using the following. Email address: [email protected].
TERMS OF SALE
1. INTRODUCTION
1.1 The Channels provides a place and opportunity for the sale and purchase of products on the Channels (“Products”) between the customer and the Company and services related to hair to be provided by the Company (“Hair Services”).
1.2 When the customer has placed an order on the Channels for the purchase of Products sold by the Company and the Company has accepted the same, this shall constitute a contract entered into directly between the customer and the Company.
1.3 Any information made available on the Channels in connection with the supply of the Products, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by the Company through the chat system are not binding and for information purposes only. In entering into the contract, the customer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
1.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by the Company in its website shall be subject to correction without any liability on the part of the Company.
2. TRANSACTIONS
2.1 Customers may purchase the Products by placing and completing the transaction form on the Channels and shall be responsible for ensuring the accuracy of the transaction. All transactions shall be subject to the Company’s acceptance in their sole discretion and each transaction accepted by the Company shall constitute a separate contract and shall be deemed to be irrevocable and unconditional upon transmission through the Channel. The Company shall be entitled (but not obliged) to process all transactions without further consent from the customers.
2.2 Transactions acceptance and completion of the contract between the customer and the Company will only be completed upon receipt of confirmation of dispatch from the Company. Upon the issuance of the said confirmation of dispatch, customer is not allowed to cancel or amend the transaction. The Company is entitled to request for other information for verification purposes, including but not limited to address, contact numbers, contact person name, prior to issuing a confirmation of dispatch.
2.3 The price of the Products shall be the price stated on the page where the Product is listed, at the time which the customer places and completes the transaction form. The price includes any applicable sales and services tax, value added tax or similar tax which the customer shall be liable to pay in addition to the price, but it excludes the delivery charges.
2.4 In relation to Hair Services, the customer may book an appointment for such services through the Channels. We may collect payment for such Hair Services selected by the customer upon the acceptance of the same in the Channels. The customer shall be responsible to check all details and any restrictions relating to the Hair Services listed in the Channels.
3. PAYMENT
3.1 Customer shall be entitled to make payment for the Products using the various payment methods made available on the Channels. When customer places an order on the Channels, actual payment shall be only charged upon the Company’s acceptance and the formation of a contract. All payments for the Products shall be made to the Company directly.
3.2 The terms and conditions applicable to each type of payment, as prescribed by the Company on the Channels, shall be applicable to the contract. The payment methods may also be subject to the following terms:
3.2.1 Credit Card
Credit card payment option is available for all customers. The Company accepts all Visa and MasterCard credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of the customers are protected by industry leading encryption standards.
3.2.2 Debit Cards
The Company accepts all Singaporean Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
3.2.3 Online Banking
By choosing this payment method, the customer shall transfer the amount of the total purchase price for the Products purchased by the customer to the Company’s account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Singapore Dollar. The Company, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
3.2.4 Oly Coins
Kindly refer to the terms and conditions for utilizing the Oly Coins and Oly Wallet stated in the Terms and Conditions of Oly Wallet.
3.3 Customer may not claim against the Company for any failure, disruption or error in connection with the customer’s chosen payment method. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the customer or giving any reason.
3.4 If the customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend deliveries of the Products until payment is made in full.
3.5 All payments for the purchase of the Products must be made to the Company using the payment methods made available on the Channels only. The Company shall not be held responsible for any losses which may arise from payments made through payment methods apart from the available payment methods on the Channels.
4. DELIVERY
4.1 Delivery of the Products shall be made to the address specified by the customer in its transaction.
4.2 The Company has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Products to any other party as it may from time to time decide without giving notice of the same to the customer.
4.3 Any dates quoted for delivery of the Products are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and the Company shall not be liable for any delay in delivery or performance howsoever caused.
4.4 If the Company has failed to deliver the Products in accordance with the contract or within a reasonable time, the customer shall, by serving a written notice to the Company, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 7 days. If the Company fails to do so within the specified time, the customer shall be entitled to terminate the contract and claim a refund in respect of the undelivered Products.
4.5 In the event the Products have been delivered to the customer even after such refunds have been claimed by the customer pursuant to Clause 4.4 above, the customer shall immediately notify the Company of the delivery. The property in the Products shall not pass to the customer and the customer shall hold the Products as the Company’s fiduciary agent and bailee and shall keep the Products separate from those of the customer. The Company shall be entitled at any time to demand the customer to deliver up the Products to the Company and in the event of non-compliance the Company reserves its right to take legal action against the customer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the customer.
5. RETURN, REFUND, CANCEL AND REPLACEMENT OF PRODUCTS
5.1 Customer may only apply for return of the purchased Products in the following circumstances:
5.1.1 the Products delivered to the customer is defective and/or damaged on delivery;
5.1.2 the Products, in particular fashion items, which does not fit;
5.1.3 the Products delivered to customer is materially different from the description provided by the Company in the listing of the Products;
5.1.4 the Products delivered to customer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the transaction; or
5.1.5 such other circumstances which may be prescribed by the Company on the Channels.
5.2 Customer may initiate the returns process by communicating with the Company through the Channels, by completing the relevant form in the Channels and apply to return the Products to the Company in exchange for a replacement or a refund. For avoidance of doubt, the countdown starts from the date the customer received the purchased Products to the post stamp date on the return parcel. In case of damaged Products, please contact the Company within 48 hours of receiving the delivery to expedite the claim process.
5.3 Return or cancellations of any perishable goods are not allowed. To ensure that customer is satisfied with the Products, the customer should inspect the contents as soon as the order arrives.
5.4 In the event that customer is unable to resolve any dispute with the Company directly through amicable negotiations, the Company reserves the right to suggest and implement an appropriate resolution at its sole discretion.
5.5 All refunds shall be made via the Company to the customer directly. The Company offers no guarantee of any nature for the timeliness of the refunds. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the Company. All refunds are conditional upon the Company’s acceptance of a valid return of the Products. The Company reserves the right to modify the mechanism of processing refunds at any time without notice.
5.6 If the customer wishes to reschedule a booking for the Hair Services, the customer may do so by informing the Company through the relevant form available in the Channels and subject to availability in the event of rescheduling. No cancellation or rescheduling is permitted if such cancellation or rescheduling is made within 24 hours from the scheduled time. The Company may take appropriate measures when a customer cancels or reschedule any appointment within 24 hours from the scheduled time.
6. RISK AND PROPERTY OF THE PRODUCTS
6.1 Risk of damage to or loss of the Products shall pass to the customer at the time of delivery or if the customer wrongfully fails to take delivery of the Products, the time when the Company has tendered delivery of the Products.
6.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms of Sale, the property in the Products shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold by Company to the customer for which payment is then due.
6.3 Until such time as the property in the Products passes to the customer, the customer shall hold the Products as the Company’s fiduciary agent and bailee and shall keep the Products separate from those of the customer.
6.4 The customer agrees with the Company that the customer shall immediately notify the Company of any matter from time to time affecting the Company’s title to the Products and the customer shall provide the Company with any information relating to the Products as the Company may require from time to time.
6.5 Until such time as the property in the Products passes to the customer (and provided the Products are still in existence and have not been resold), the Company shall be entitled at any time to demand the customer to deliver up the Products to the Company and in the event of non-compliance the Company reserves its right to take legal action against the customer for the delivery of the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the customer.
6.6 The customer shall indemnify the Company against all loss damages costs expenses and legal fees incurred by the customer in connection with the assertion and enforcement of the Company’s rights under this condition.
7. TERMINATION
7.1 The customer may terminate the contract before the Company dispatches the Products, by written notice to the Company through the relevant contact or chat site provided in the Channels. If the Products have already been dispatched, the customer may not terminate the contract but may only return the Products in accordance with Clause 5 of these Terms of Sale.
7.2 For termination of any Hair Services purchased by the customer, kindly refer to Clause 5.6 of these Terms of Sale.
8. WARRANTIES AND REMEDIES
8.1 Subject as expressly provided in these Terms of Sale, all other warranties, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Clause 8 of these Terms of Sale, the Company warrants that the Products will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for the period specified in the relevant site where the Products were purchased, which shall commence from the date on which the Products are delivered or deemed to be delivered ("Warranty Period").
8.3 The warranty concerning the Products above is given subject to the following conditions:
8.3.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to the Company;
8.3.2 any description given of the Products is given by way of identification only and the use of such description shall not constitute a sale by description;
8.3.3 the Company binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of the Company’s opinion in that behalf;
8.3.4 the Company shall be under no liability for the following measures and actions taken by the customer and the consequences thereof: improper remedy of defects,alteration of the Products without the prior agreement of the Company, additionand insertion of parts;
8.3.5 the Company shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the
customer, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow the Company’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without the Company’s approval;
8.3.6 the Company shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
8.3.7 the Company shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the Warranty Period.
8.4 Where there is any defect in the quality or condition of the Products or where the Products fail to correspond with specification, the customer may apply to return the defective and/or damaged Products to the Company in exchange for a replacement or a refund.
8.5 As an alternative to returning faulty or damaged Products in exchange for refund or replacement under Clause 5 of these Terms of Sale, a customer may request for a repair of such Products. The Company however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon the Company’s acceptance of the same and the non-conforming Products (or part thereof) will be repaired as originally ordered. The customer may not later elect for a return under Clause 5 of these Terms of Sale above once the Company has accepted such request.
8.6 When the Company has provided replacement Products or given the customer a refund, the non-conforming Products or parts thereof shall become property of the Company.
9. LIABILITY
9.1 In no event shall the Company be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the customer) even if such loss were reasonably foreseeable or if the Company had been advised by the customer of the possibility of incurring the same.
9.2 The remedies set out in Clause 8 of these Terms of Sale are the customer’s sole and exclusive remedies for non-conformity of or defects in the Products and the Company’s liability for the same shall be limited in the manner specified in Clause 8 of these Terms of Sale.
9.3 Notwithstanding any other provision of these Terms of Sale, the Company’s maximum cumulative liability to the customer for all losses under, arising out of or relating to the sale of products under each contract, shall not exceed the sums that the customer have paid to the Company under such contract.
9.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Term of Sale.
9.5 No action shall be brought against the Company later than 6 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 6 months after the end of the Warranty Period.
10. GENERAL
10.1 Neither the Company shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Channels’ and/or Hair Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the Company’s reasonable control.
10.2 Any notice required or permitted to be given by either party to the other under these Terms of Sale shall be in writing addressed, if to the Company, to its registered office or principal place of business and if to the customer, to the address stipulated in the relevant transaction.
10.3 No waiver by the Company of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, the Company’s failure to enforce these Terms of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Sale.
10.4 If any provision of these Terms of Sale is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Sale and the remainder of the provision in question shall not be affected thereby.
10.5 No person who is not a party to the contract (including any employee officer agent representative) shall have any right to enforce any terms of the contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
10.6 The contract shall be governed by the laws of Singapore and the customer agrees to submit to the non-exclusive jurisdiction of the Courts in Singapore.
10.7 The Company shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
10.8 The Company may, through the Channels or by such other method of notification as the Company may designate, vary the terms and conditions of these Terms of Sale, such variation to take effect on the date the Company specifies through the above means. If customer uses the Channels after such date, the customer is deemed to have accepted such variation. If the customer does not accept the variation, the customer must stop access or using the Channels and terminate these Terms of Sale.
10.9 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Company’s part shall be subject to correction without any liability on the Company’s part.
10.10 In the event that these Terms of Sale are executed or translated in any language other than English, the English language version of these Terms of Sale shall govern and shall take precedence over any other languages.
10.11 These Terms of Sale shall constitute the entire agreement between the customer and the Company 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.
TERMS AND CONDITIONS OF OLY WALLET AND OLY WALLET
1.1 OLY Wallet is a service provided by the Company to facilitate the storage of electronic coins (“Oly Coins”) for the purchases of Products and/or Hair Services. The total Oly Coins, minus any purchases or withdrawals, will be reflected as your OLY Wallet balance.
1.2 The Company may at its sole and absolute discretion determine the maximum number of Oly Coins that you may have in your Oly Wallet at any one time. You are not allowed to purchase Oly Coins in access of the maximum limit determined by the Company.
1.3 You may earn rewards in the form of Oly Coins or vouchers by buying Products and/or Hair Services on the Channels or through participation in other activities as the Company may from time to time determine (“Eligible Activities”) based on the conversion rate determined by the Company in its sole discretion. Generally, the Oly Coins will be credited to your Oly Wallet upon the completion of a successful transaction or activity approved by the Company. You are eligible to participate in the Oly Coins system if you are a customer and the account does not expressly exclude you from participation.
1.4 Transaction not completed on the Channels does not qualify for the Eligible Activities. The Company may at its sole discretion exclude categories of items from the Oly Coins system.
1.5 Oly Coins credited to the Oly Wallet may be used for the purpose of redemption of gifts and/or vouchers posted by the Company from time to time and/or purchase of Products, subject to changes without notifying the customer.
1.6 The Oly Coins you redeem will be deducted from your total Oly Coins in your Oly Wallet. Each Oly Coins comes with an expiry date.
1.7 From time to time, we may tell you that the Oly Coins will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make on the Channels or pursuant to specific promotional offers. We will notify you of the terms of such bonus rewards, if any, from time to time.
1.8 If you have a dispute in relation to the number of Oly Coins which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.
1.9 The Company reserves the right to (i) discontinue the Oly Coins system at any time at its sole discretion and (ii) cancel or suspend a customer’s right to participate in the Oly Coins system, including the ability to earn and redeem the Oly Coins at its sole discretion. You may contact the Company pertaining to the balance Oly Coins in your Oly Wallet upon the occurrence of any event under this clause or upon the termination of your account on the Online Sites.
1.10 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your Oly Wallet, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations.
1.11 You authorize us to initiate debit or credit entries to your OLY Wallet:
(i) to correct any errors in the processing of any transactions;
(ii) where the Company has determined that you have engaged in fraudulent or suspicious activity and/or transactions;
(iii) in connection with any lost, damaged or incorrect items;
(iv) in connection with any rewards or rebates;
(v) in connection with any uncharged fees;
(vi) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
(vii) in connection with any banned items or items that are detained by customs; and
(viii) in connection with any other changes in a transaction agreed by both customer and the Company.