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Welcome to the HABA.com.sg
(the "Site")
HABA Online ("HABA Online")
provides the content and services available on the Site to you subject to the
following terms and conditions, our Privacy Policy and other terms and
conditions and policies which you may find throughout our Site in connection
with certain functionality, features or promotions as well as customer
service, all of which are deemed a part of and included within these terms
and conditions (collectively, "Terms
and Conditions"). By accessing or using the Site, you
are acknowledging that you have read, understand, and agree, without
limitation or qualification, to be bound by these Terms and Conditions.
Privacy
All the information we collect about you may be combined to help us to tailor
our communication to you and to develop world class products and services. We
use the information we collect to provide the products and services you
request, to tell you about other products and services offered by HABA to
manage our sites and services. In general, we do not share your personal
information with third-party marketers, unless we have asked for and obtained
your explicit consent.
Products and Services for Personal
Use
The products and services available on the Site, and any samples thereof we
may provide to you, are for personal use only. You may not sell or resell any
of the products or services, or samples thereof you purchase or otherwise
receive from us. We reserve the right, with or without notice, to cancel or
reduce the quantity of any order to be filled or products or services to be
provided to you that we believe, in our sole discretion, may result in the
violation of our Terms and Conditions.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the
Site; however, to the extent permitted by applicable law, we do not warrant
that the product descriptions, colors, information or other content available
on the Site are accurate, complete, reliable, current, or error-free.
Intellectual Property
All information and content available on the Site and its "look and
feel", including but not limited to trademarks, logos, service marks,
text, graphics, logos, button icons, images, audio clips, data compilations
and software, and the compilation and organization thereof (collectively, the
"Content")
is the property of HABA Online, our affiliates, partners or licensors, and is
protected by United States and international laws, including laws governing
copyrights and trademarks.
Except as set forth in the limited licenses in Section 5 or as required under
applicable law, neither the Content nor any portion of the Site may be used,
reproduced, duplicated, copied, sold, resold, accessed, modified, or
otherwise exploited, in whole or in part, for any purpose without our
express, prior written consent.
Limited
Licenses
We grant you a limited, revocable, and non-exclusive license to access and
make personal use of the Site. This limited license does not include the
right to: (a) frame or utilize framing techniques to enclose the Site or any
portion thereof; (b) republish, redistribute, transmit, sell, license or
download the Site or any and/or all Content (except caching or as necessary
to view the Site); (c) make any use of the Site or any and/or all Content
other than personal use; (d) modify, reverse engineer or create any
derivative works based upon either the Site or any and/or all Content; (e)
collect account information for the benefit of yourself or another party; (f)
use any meta tags or any other "hidden text" utilizing any and/or
all Content; or (g) use software robots, spiders, crawlers, or similar data
gathering and extraction tools, or take any other action that may impose an
unreasonable burden or load on our infrastructure. You must retain, without
modification, all proprietary notices on the Site or affixed to or contained
in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a
hyperlink to the home page of the Site for personal, non-commercial use only.
A website that links to the Site (i) may link to,
but not replicate, any and/or all of our Content; (ii) may not imply that we
are endorsing such website or its services or products; (iii) may not misrepresent
its relationship with us; (iv) may not contain content that could be
construed as distasteful, obscene, offensive controversial or illegal or
inappropriate for any ages; (v) may not portray us or our products or
services, in a false, misleading, derogatory, or otherwise offensive or
objectionable manner, or associate us with undesirable products, services, or
opinions; and (vi) may not link to any page of the Site other than the home
page. We may, in our sole discretion, request that you remove any link to the
Site, and upon receipt of such request, you shall immediately remove such
link and cease any linking unless separately and expressly authorized in
writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content
automatically terminates the limited licenses set forth in this Section 5
include hyperlink without prejudice to any other remedy provided by
applicable law or these Terms and Conditions.
Your Obligations and
Responsibilities
In the access or use of the Site, you shall comply with these Terms and
Conditions and the special warnings or instructions for access or use posted
on the Site. You shall act always in accordance with the law, custom and in
good faith. You may not make any change or alteration to the Site or any
Content or services that may appear on this Site and may not impair in any
way the integrity or operation of the Site. Without limiting the generality
of any other provision of these Terms and Conditions, if you default
negligently or willfully in any of the obligations set forth in these Terms
and Conditions, you shall be liable for all the losses and damages that this
may cause to Clinique Online, our affiliates,
partners or licensors.
Your Account
You may choose to register at our Site if you are over thirteen (13) years of
age. Do not register if you are not over thirteen (13) years of age. If you
are over thirteen (13) years of age and do register, you will have an email
address/username and password for your account. You are responsible for
maintaining the confidentiality of your account, username and password and
for restricting access to your computer. You are responsible for keeping such
information current, complete, accurate and truthful. You agree to accept
responsibility for all activities that occur under your account, username
and/or password. You agree to provide only current, complete, accurate and
truthful information. If you are accessing and using the Site on someone
else's behalf, you represent that you have the authority to bind that person
as the principal to all Terms and Conditions provided herein, and to the
extent you do not have such authority you agree to be bound to these Terms
and Conditions and to accept liability for harm caused by any wrongful use of
the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without
prior notice if these Terms and Conditions are violated or if we decide, in
our sole discretion, that it would be in HABA Online's best interests to do
so.
Third Party Links
We are not responsible for the content of any off-website pages or any other
websites linked to or from the Site. Links appearing on the Site are for
convenience only and are not an endorsement by us, our affiliates or our
partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other
websites is at your own risk. We are in no way responsible for examining or
evaluating, and we do not warrant the offerings of, off-website pages or any
other websites linked to or from the Site, nor do we assume any
responsibility or liability for the actions, content, products, or services
of such pages and websites, including, without limitation, their privacy
policies and terms and conditions. You should carefully review the terms and
conditions and privacy policies of all off-website pages and other websites
that you visit.
Special Features, Functionality and
Events
The Site may offer certain special features and functionality or events (such
as contests, sweepstakes or other offerings) which may (a) be subject to
terms of use, rules and/or policies in addition to or in lieu of these Terms
and Conditions; and (b) be offered by us or by third parties. If so, we will
notify you of this and if you choose to take advantage of these offerings,
you agree that your use of those offerings will be subject to such additional
or separate terms of use, rules and/or policies.
Submissions
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and ideas,
any inquiries, feedback, suggestions, ideas or other information you provide
us (collectively, "Submissions")
will be treated as non-proprietary and non-confidential. Subject to the terms
of our Privacy Policy, by transmitting or posting any Submission, you hereby
grant us full ownership of the Submission as if we had created, developed and
posted the Submission for our own purposes. We reserve the right to copy, use,
reproduce, modify, adapt, translate, publish, license, distribute, sell or
assign the Submission in any way as we see fit, including but not limited to
copying in whole or in part, creating derivative works from, distributing and
displaying any Submission in any form, media, or technology, whether now
known or hereafter developed, alone or as part of other works, or using the
Submission within or in connection with our products or services. You also
acknowledge that your Submission will not be returned and we may use your
Submission, and any ideas, concepts or know how contained therein, without
payment of money or any other form of consideration, for any purpose
including, without limitation, developing, manufacturing, distributing and
marketing products.
If you make a Submission, you represent and warrant that you own or otherwise
control the rights to your Submission. You further represent and warrant that
such Submission does not constitute or contain software viruses, commercial
solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false email address, impersonate any person or entity, or
otherwise mislead us as to the origin of any Submission. You agree to
indemnify us for all claims arising from or in connection with any claims to
any rights in any Submission or any damages arising from any Submission.
User Content
When you transmit, upload, post, e-mail or otherwise make available text,
graphics, images, or other materials ("User
Content") on the Site, you are entirely responsible for
such User Content. Such User Content constitutes a Submission under Section
10. You agree not to transmit, upload, post, e-mail or otherwise make
available on the Site User Content that (a) is unlawful, harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; (b) you do not
have a right to make available under any law or under contractual or
fiduciary relationships; or (c) infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party. In addition, you
agree not to transmit, upload, post, e-mail, or otherwise make available any
software viruses, unsolicited or unauthorized advertising, solicitation or
promotional material, including chain letters, mass mailings, or any form of
"spam." You further agree not to (i)
impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with any person or entity; (ii) "stalk" or
otherwise harass, entrap or harm any third party; (iii) forge headers or
otherwise manipulate identifiers in order to disguise the origin of any User
Content; (iv) intentionally or unintentionally violate any applicable local,
state, national or international law; or (v) collect or store personally
identifiable data about other users.
We do not guarantee the accuracy, integrity or quality of User Content. You
understand that by using the Site, you may be exposed to User Content that is
offensive, indecent or objectionable to you. Under no circumstances will we
be liable in any way for any User Content, including, without limitation, for
any errors or omissions in any User Content, or for any loss or damage of any
kind incurred by you as a result of the use of any User Content transmitted,
uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole
discretion to refuse to post or remove any User Content. Without limiting the
generality of the foregoing or any other provision of these Terms and
Conditions, we have the right to remove any User Content that violates these
Terms and Conditions or is otherwise objectionable and we reserve the right
to refuse service and/or terminate accounts without prior notice for any
users who violate these Terms and Conditions or infringe the rights of
others.
Representations and Warranties;
Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS
AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT
TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL
NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION
OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA
NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d)
LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE
PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM
FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE
SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY
INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE
CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE
HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF
THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE
(1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or
costs, including reasonable attorneys' fees, resulting from any third party
claim, action, or demand resulting from your use of the Site or breach of
these Terms and Conditions. You also agree to indemnify us for any loss,
damages, or costs, including reasonable attorneys' fees, resulting from your
use of software robots, spiders, crawlers, or similar data gathering and
extraction tools, or any other action you take that imposes an unreasonable
burden or load on our infrastructure.
Disputes
With respect to any dispute regarding the Site, all rights and obligations
and all actions contemplated by these Terms and Conditions shall be governed
by the laws of New York, as if the Terms and
Conditions were a contract wholly entered into and wholly performed within New York. Any dispute
relating in any way to your visit to the Site shall be submitted to
confidential arbitration in New York and you submit to the jurisdiction and
proceedings thereof, except that, to the extent you have in any manner
violated or threatened to violate our intellectual property rights or the
intellectual property rights of our affiliates, partners or licensors or
otherwise have a cause of action in equity, we may seek injunctive or other
appropriate relief in any court of competent jurisdiction and you consent to
jurisdiction and venue in any such court for such purposes. Arbitration under
this agreement shall be conducted under the Consumer-Related Disputes
Supplementary Rules then prevailing with the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under these Terms and Conditions
shall be joined to an arbitration involving any other party subject to this
Terms and Conditions, whether through class arbitration proceedings or
otherwise.
Consent to Receive Notices
Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other
communications (collectively, "Notices")
to which these Terms and Conditions refer from us electronically including
without limitation by e-mail or by posting notices on this Site, and, if you
are member of HABA Club, via text messages. You agree that all Notices that
we provide to you electronically satisfy any legal requirement that such
communications be in writing. To withdraw your consent to receive Notices
electronically, you must notify us of your withdrawal of such consent by
emailing us at enquiry@HABA.com.sg
please include hyperlink and discontinue your use of this Site. In such
event, all rights granted to you pursuant to these Terms and Conditions,
including but not limited to the limited licenses set forth in Section 5
hereof, shall automatically terminate. Unfortunately, we cannot provide the
benefits of this Site to any user that cannot consent to receipt of Notices
electronically.
Please note that this consent to receive Notices is entirely separate from
any election you may make with respect to receipt of marketing
communications. Your options with respect to receipt of marketing
communications are set forth in our Privacy Policy.
General
You acknowledge and agree that these Terms and Conditions constitute the
complete and exclusive agreement between us concerning your use of the Site,
and supersede and govern all prior proposals, agreements, or other
communications.
We reserve the right, in our sole discretion, to change these Terms and
Conditions at any time by posting the changes on the Site and providing
notice of such change. Any changes are effective immediately upon posting to
the Site and release of notice of such change. Your continued use of the Site
thereafter constitutes your agreement to all such changed Terms and
Conditions. We may, with or without prior notice, terminate any of the rights
granted by these Terms and Conditions. You shall comply immediately with any
termination or other notice, including, as applicable, by ceasing all use of
the Site.
Nothing contained in these Terms and Conditions shall be construed as
creating any agency, partnership, or other form of joint enterprise between
us. Our failure to require your performance of any provision hereof shall not
affect our full right to require such performance at any time thereafter, nor
shall our waiver of a breach of any provision hereof be taken or held to be a
waiver of the provision itself. In the event that any provision of these
Terms and Conditions shall be unenforceable or invalid under any applicable
law or be so held by any applicable arbitral award or court decision, such
unenforceability or invalidity shall not render these Terms and Conditions
unenforceable or invalid as a whole but these Terms and Conditions shall be
modified, to the extent possible, by the adjudicating entity to most fully
reflect the original intent of the parties as reflected in the original
provision..
If you have any questions regarding these Terms and Conditions, please email
us at enquiry@HABA.com.sg.
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