Terms and Conditions of Purchase through HappyJuniors.com
The Use of HappyJuniors.com is governed by the terms and conditions set forth below. Your Use of HappyJuniors.com indicates Your acceptance of these terms and conditions.
1. Definitions and Interpretation
1.1 In these terms and conditions, the following expressions shall have the following meanings: -
"Agreement" Means the terms and conditions herein which may be amended, modified or varied by Us at any time and from time to time.
"Merchant" Means the vendor or manufacturer of any one or more of any Product that is sold on or through HappyJuniors.com.
"Products" The goods, including without limitation, any product, accessories or apparels provided or supplied by the Merchant, to be sold on or via HappyJuniors.com.
"Shopping Guide" Means the guide on HappyJuniors.com containing the set of instructions in relation to Your Use of HappyJuniors.com. To read, please click http://www.HappyJuniors.com.com/store/help/guide.asp
"HappyJuniors.com" Means this website accessible at url address "www.HappyJuniors.com.com" and all webpages contained herein operated by or for and on behalf of Us for Your Use.
"Use" Means making use of HappyJuniors.com in any way and for any purpose whatsoever, including without limitation the browsing or accessing of any information contained in HappyJuniors.com, the making of reservations or the carrying out of any transactions on or via HappyJuniors.com.
"User ID" Means the access code assigned to You for the purposes of allowing You to Use HappyJuniors.com.
"We/Us" Means Happy Juniors, a company incorporated in Singapore, and its successors and assigns.
"You/Your" Means any Person who Uses HappyJuniors.com.
1.2 Words connoting the singular shall include the plural and vice versa and words importing one gender shall include the other gender. Clause headings are for ease of reference only and shall not affect the interpretation hereof. A reference to "day" shall be a reference to a day determined in accordance with Singapore time and any references to time in these terms and conditions shall be a reference to Singapore time.
1.3 The terms of the Shopping Guide are hereby incorporated into these terms and conditions, and by your agreement to be bound by these terms and conditions, you agree also to be bound by the terms of the Shopping Guide.
2. Acceptance of Terms and Conditions
By Using HappyJuniors.com, You agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. You represent that You have the legal authority to accept the terms and conditions stated herein on behalf of Yourself or any party You represent.
3. Revisions
We reserve the right to amend the terms and conditions contained herein at any time without notice by updating this posting. By Using HappyJuniors.com, You agree to be bound by any such revisions and You agree to periodically visit this page to determine the current terms and conditions to which You are bound. Without limitation to the generality of the foregoing, any provision of this Agreement may be varied, supplemented or amended only if We so agree in writing.
4. Your Obligations
You shall:
4.1 comply with all notices, directions or instructions given by Us from time to time with respect to the Use of HappyJuniors.com (including but not limited to the Shopping Guide posted on HappyJuniors.com which may be amended from time to time);
4.2 not under any circumstances create or cause a situation whereby other users are affected in their enjoyment and / or use of HappyJuniors.com; and
4.3 adhere to and observe all applicable laws, regulations and directives, including without limitation, the laws of Singapore in connection with the Use of HappyJuniors.com.
4.4 warrant and undertake not to undermine the security or integrity of the computer systems or networks used by Us or Our Service Providers, including without limitation by importing any viruses, Trojan horses, surreptitiously intercepting such systems or networks, and not gain or attempt to gain unauthorized access to such computer systems or networks.
5. Security and Information
5.1 You shall take all necessary measures (including but not limited to changing Your password from time to time) to protect secrecy of Your User ID ("UI") and password and shall not divulge the same to any other Person(s). We shall not be held responsible for any loss or damage suffered or incurred by You or any third party due to any wrongful use of Your account or credit card or other personal information by any other Person no matter how much loss or damage is caused.
5.2 Where a UI is necessary to access any part of HappyJuniors.com , You shall use only Your own UI.
5.3 You agree to immediately notify Us of any unauthorised use of Your account or of any other breach of security known to You.
5.4 You are responsible for maintaining records relating to Your transactions carried out in HappyJuniors.com. We are not responsible or under any obligation to provide historical data or to assist in providing such information to You.
6. Representation and Warranty
6.1 You warrant and undertake to comply with all applicable laws and regulations in Using HappyJuniors.com, including without limitation the carrying out of any transactions, the purchase of any Product or for the application for the subscription for any Services hereunder and confirm that You have read, understand, and agree to be bound by the terms and conditions set out herein.
6.2 We shall not be held liable or responsible in any manner whatsoever for any breach, non-compliance or infringement of any laws, rules and regulations governing the application, reservation, sale, purchase, use, delivery, consumption, and / or otherwise of the Products and/or Services on or via HappyJuniors.com. Without prejudice to the generality of any other provisions set out herein, You warrant to fully indemnify and hold Us harmless against any claim, damages or losses (including legal costs on an indemnify basis) directly or indirectly suffered by Us as a result of Your breach, non-compliance or infringement thereof.
7. Contract Formation
7.1 The prices, specifications and availability of Products shall also be subject to change, withdrawal or discontinuance at Our full and absolute discretion without the need to assign any explanation to You. You further agree that the pictorial depiction and any description or specification of any Product on HappyJuniors.com may not be accurate and may differ from the Product actually delivered to you. We also reserve the right to reject Your order for or offer to purchase any Product. In the event that payment has already been made at the time of Your order or offer, We shall effect a refund of Your payment in such manner as We deem fit. You agree not to hold us liable in any way for any inaccuracy, errors or discrepancies on HappyJuniors.com in relation to any Product or for Our rejection of Your order or offer to purchase.
7.2 Your receipt of an electronic or other form of order confirmation in any way does not signify either Our acceptance of either Your order or Your offer to purchase the Product. We reserve the right to refuse any and all offers made by You on HappyJuniors.com for any reason whatsoever.
7.3 We shall in no event be liable for any loss, expense or damage including without limitation, any damages whether direct, indirect, special or consequential, or any economic loss arising from or in connection with Your order or offer to purchase any Product or for Our sale of any Product , even if We, Our agents or employees, have been advised of the likelihood of any such expenses, losses and / or damages.
8. Terms of Delivery
8.1 You hereby agree and acknowledge that We shall, procure a delivery agent to deliver the Products to such address indicated or furnished by You and that delivery of the Products will be subject to the terms and conditions of the agreement between Us and the delivery agent (as may be supplemented or otherwise amended from time to time). You agree and acknowledge that estimates of delivery times and periods specified by Us are indicative only and no guarantee is made by Us or the delivery agent that an order will be delivered within the specified time.
8.2 The Products are sold on an ex-warehouse basis with risk passing to You when the Products leave the warehouse or such other location where the Products may be stored and will be delivered to such of the address indicated or furnished by You, provided access to such place is reasonable in Our opinion or the delivery agent and subject always to the terms and conditions of the agreement between the delivery agent and Ourselves.
8.3 If You fail to take delivery of any Products or fail to enable delivery to be made (including but not limited to refusal or failure to provide any instruction, document, permit, licence or authorisation), We and/or Our delivery agent shall be deemed to be empowered by You to dispose of the Products in such manner and consideration in Our absolute discretion deem fit. You shall not be entitled to any refund and You shall have no claims against Us and/or Our delivery agent of such disposal. In the event that You request for the Product to be delivered prior the disposal of the Product as foresaid. We or the delivery agent may deliver the Product to You, on such delivery, You shall be liable for whatsoever expenses incurred by Us and/or the delivery agent up to and including the date thereof. For avoidance of doubt, costs and expenses include without limitation, all costs of storage, maintenance and insurance, whether incurred by Us and/or delivery agent, for the period commencing after non-delivery of the Products to You.
9. Payment Terms
9.1 Unless otherwise stated, all payments to be made through HappyJuniors.com shall be made using credit card payment (where You are the personal holder of that card) or such other payment method as may be described in the Shopping Guide or as We may from time to time allow so and shall made in accordance with such procedures as We may from time to time specify.
9.2 Neither We shall be under any obligation to fulfill or deliver any order until payment of all charges has been received in full by Us either for our own account or for in the currency quoted for such Products and Services on HappyJuniors.com.
9.3 All duties, levies deductions, withholdings, tariffs, taxes and other charges payable in relation to goods or services ordered and not included in the price of such the Products and Services shall be borne solely by You; and
9.4 You hereby agree and confirm that property and title in the Products sold remains with Us and the property and title will not be passed to You unless and until full payment for the Products have been made as specified by Us as the case may be.
10. Suspension of Service
Without prejudice to any other rights or remedies available to Us, We may, (but is under no obligation to) at any time and in its absolute discretion, suspend Your Use of HappyJuniors.com without incurring any liability whatsoever to any person and for whatsoever reason including without limitation where We suspect that You have been Using HappyJuniors.com in breach of any laws or regulations, or any other warranties contained in this Agreement.
11. Disclaimer and Limitation of Liability
11.1 Any condition or warranty which may be implied or incorporated within this Agreement or in respect of the ordering or purchase of Products under common law or otherwise is HEREBY EXPRESSLY EXCLUDED. We shall not be liable for any loss or corruption of information howsoever caused whether as a result of any interruption, suspension, or termination of the Use of HappyJuniors.com, or for the contents, security, accuracy or quality of information available, received or transmitted on or via HappyJuniors.com.
11.2 No advice or information, whether oral or written, obtained by You from Us or on or through HappyJuniors.com shall create any representation or warranty not expressly made herein.
11.3 We shall not be liable for any loss (whether direct, incidental, special, punitive or consequential) or damage sustained in connection with Your Use or inability to access HappyJuniors.com or any disclosure (inadvertent or otherwise) of any information concerning Your account and other particulars or for any error, omission or inaccuracy with respect to any information so disclosed. We are under no obligation to provide You with in-house call or other technical support, customer service or any other post-sale service.
11.4 Notwithstanding anything herein contained, Our entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise arising out of or in connection with this Agreement (except in relation to death or personal injury caused by Our negligence or that of Our employees while acting in the course of their employment) shall be limited to the price of the Product paid by You to Us.
12. Indemnity
You shall indemnify and hold Us harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, breach of contract, negligence, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computer (including but not limited to hacking), property damage or pecuniary losses (howsoever arising) which We may sustain, incur, suffer or pay arising out of, in connection with or pursuant to this Agreement, or Your Use of HappyJuniors.com.
13. Waiver
13.1 Any provision of this Agreement may be waived only if We so agree in writing provided that such waiver may be given subject to conditions thought fit by Us and shall be effective only in the instance and for the purpose for which it is given.
13.2 No failure on the part of Ours to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).
14. Assignment
The rights and obligations under this Agreement shall not be capable of assignment by You and shall be binding on and inure for Your benefit or Your successors and permitted assigns.
15. Force Majeure
We shall not have any liability for any delay or default in the performance of its obligations under this Agreement caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, failure of computer systems, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any of the events mentioned above, We shall for the duration of such event, be relieved of any such obligation under this Agreement as is affected by the said event, PROVIDED that the provisions of this Agreement shall remain in force with regard to all other obligations under this Agreement which are not affected by such event.
16. Severabilibty
If any provision in this Agreement is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
17. Copyright and Trademark Notice
We make no warranty or representation in respect of, nor do We endorse any Product or Services or whatsoever appearing on HappyJuniors.com.
HappyJuniors.com is owned and operated by Us. Any reproduction or transmission in any material form, or by any means, including photocopying, faxing, images scanning, storing or recording by any means and broadcasting and distribution through any form of medium of any part of this publication is prohibited, unless the prior written consent is obtained from Us.
18. Governing Law and Jurisdiction
This Agreement is governed by, and construed in accordance with, the laws of the Republic of Singapore, and We/You hereby submit to the exclusive jurisdiction of the Singapore courts. |