TERMS AND CONDITIONS
www.Casavibes.co (the “Website”) is an interactive website developed by 1-Casa Pte Ltd (the “Company”).
The Company is a technology company that does not directly provide goods (“Products”) that are listed for sale on the Website.
The service of the Company is to link purchasers of Products (“Customers”) and Vendors / merchants (the “Vendors”) through the use of the Website (“Services”), but does not nor is it intended to provide Products or any act that can be construed in any way as an act of a Vendor.
The Company is not responsible nor liable for the acts and/or omissions of any Customer or Vendor (collectively “Users”) and/or any Products.
These terms and conditions “Terms” govern our relationship with Users.
2. DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms:-
“Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.
“Customer Contract” means a contract formed between a Vendor and a Customer after being accepted by a Vendor, as evidenced by a confirmation email sent to a Customer.
“Intellectual Property” means all intellectual property rights including all letters patent, patent rights, trademarks, service marks registered designs, design rights, copyright and all other similar proprietary rights, all rights of whatsoever nature in computer programs, firmware, microcode and other computer software and data, and all intangible rights and privileges of a nature similar to the foregoing, and whether or not registered and including but not limited to all granted registrations and all applications for registration in respect of any of the same.
“Listed Price” means the price of Productslisted for sale to Customers on the Website.
“Losses” means all losses, settlement sums, costs (including legal fees and expenses on a full indemnity basisas well after as before judgment), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
“Order” means your order for Products sent through the Website in accordance with the Terms.
“Password” refers to the valid password that a Customer who has an Account with Website may use in conjunction with the Username to access the Website.
“Personal Data” has the meaning ascribed thereto in the PDPA and includes your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Product” means goods or products (including any installment of the product or any parts thereof) available for sale to Customers on the Website.
“User Content” means content, information uploaded or posted to the Website by Users independently of the Company or Vendors;
“Vendor” means a Vendor which, with the Company’s permission, uses the Website to sell Products to Customers.
“Services” means services, information and functions made available by Vendor at the Website.
“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Website.
“Username” refers to the unique login identification name or code which identifies a Customer who has an Account with 1-Casa.
“you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
3.1 Users are required to provide their real names and details when registering for a User account on the Website (“Account”)including:-
(a) in the case of Customers who are individuals, their age, date of birth, address, email addresses, residential address, and contact details and password (“Personal Information”);
(b) in the case of Customers who are companies, businesses, partnerships or other similar corporate entities, their business name, unique entity number, and registered office address and password (“Corporate Information”); and
(c) in the case of Vendors, their business name, unique entity number, and registered office address and password(“Vendor Information”).
3.2 In connection with the foregoing, Users are deemed to warrant and represent to the Company that such Personal Information, Corporate Information or Vendor Information (as the case may be) is accurate and up to date.
3.3 By registering an Account with the Company, Users also agree to the following:
(a) they will not provide any false personal information on the Website, or create an Account for anyone other than themselves without permission;
(b) they will not create more than one Account;
(c) if the Company disables their Account, they will not create another one without our permission;
(d) in the case of individuals, they will not use the Website if they are under 18;
(e) they will keep their Personal Information, Corporate Information or Vendor Information (as the case may be) accurate and up-to-date;
(f) they will not share their password, permit unauthorised access their Account, or do anything else that might jeopardise the security of their Account;
(g) they will not transfer their Accounts to any other parties without first getting the prior written consent of the Company; and
(h) if they select a username or similar identifier for their Account, the Company reserves the right to remove or reclaim it if we believe it is appropriate.
3.4 Access to and use of password protected and/or secure areas of the Website and/or use of the Services are restricted to Users with Accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Website and/or Servicesthrough any means not intentionally made available by us for your specific use.
3.5 A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
4. PERSONAL DATA
4.1 We collect the Personal Information, Corporate Information or Vendor Information (as the case may be) which Users provide when Users use our Services, including when Users sign up for an Account, sell or purchase Products and message or communicate with a Customer or Vendor (as the case may be).
4.2 Users are deemed to have agreed that (in the case of individuals Customers), the Company may collect, use and disclose Personal Information, as provided in the registration section, for the purposes of processing your application for registration with the Company and the administration of your Account and unless you inform us otherwise, by registering for an Account individual Customers consent to us to sending them information about Vendors.
4.3 The Company may also collect information about how Users use our Website, such as the types of content viewed or engage with or the frequency and duration of their activities.
4.5 We collect information from or about the computers, phones, or other devices where you install or access our Website, depending on the permissions you have granted. We may associate the information we collect from your different devices, which help us provide consistent Services across your devices. Here are some examples of the device information we collect:
(a) attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers;
(b) device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals; and
(c) connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP addresses.
By using the Website, Users are deemed to warrant, represent and undertake to us as follows:-
5.1 Not to mislead
They will not knowingly with intent to deceive the Company or other Users, post information relating to the sale ofProducts that are false or misleading including without limitation:-
(a) in the case of Vendors, posting for Products that you are unable or unwilling to sell;
(b) in the case of Customers, purchasing a Product without the intention of completing the Customer Contract.
5.2 Illegal or unauthorised acts
By using the Website, Users agree not to do any of the following:-
(a) they will not post unauthorised commercial communications on the Website;
(b) they will not collect other Users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
(c) they will not upload viruses or other malicious code onto the Website;
(d) they will not solicit login information or access an Account belonging to someone else;
(e) they will not bully, intimidate, or harass any Customer or Vendor;
(f) they will not post content that is hate speech, threatening, or pornographic, incites violence or contains nudity or graphic or gratuitous violence;
(g) they will not use the Website to do anything unlawful, misleading, malicious, or discriminatory;
(h) they will not do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack or interference with functionality; and
(i) they will not facilitate or encourage any violation of these Terms.
5.3 Infringement of other user’s rights
(a) Users shall not post content or take any action on the Website that infringes or violates someone else's rights or otherwise violates the law;
(b) the Company reserves the right to remove any content or information you post on the Website if we believe that it violates these Terms;
(c) If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal;
(d) If you repeatedly infringe other User’sIntellectual Property, we will disable your Account when appropriate.
(f) You will not post anyone's identification documents or sensitive financial information on the Website.
5.4 Your submissions and information
(a) Submissions by you
You grant us a non-exclusive licence to use the materials or information that you submit to the Website 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 Website, 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.
(b) 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. You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
6. USE OF WEBSITE
6.1 Availability of Website and Services
The Company 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 Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.
6.2 Right, but not obligation, to monitor content
The Company reserves the absolute and unconditional right to:
(a) monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Website;
(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) request any information and data from you in connection with your use of the Website 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.
6.3 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.
6.4 Prices of Products
All Listed Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listed Prices at any time without giving any reason or prior notice.
You acknowledge that Vendors list and sell Products on the Website. Accordingly, each Customer Contract entered into for the sale of a Vendor’s Products to a Customer shall be a Customer Contract entered into directly and only between the Vendor and the Customer and under no circumstances shall the Company be construed or deemed to be a party to such Customer Contract.
7. INTELLECTUAL PROPERTY
The Intellectual Property in and to the Website(“Website Materials”) are owned, licensed to or controlled by us, our licensors or our Vendors.
We reserve the right to enforce the Intellectual Property of the Company, our licensors or our Vendors to the fullest extent of the law.
8. HYPERLINKS AND ADVERTISING
8.1 The Website contains links to websites operated by third parties (“Third Party Websites“).
8.2 The Company may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, the Company does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
9. SALE AND PURCHASE OF PRODUCTS
9.1 Product description
While Vendor endeavours to provide an accurate description of the Products, neither the Company nor the Vendors warrants that such description is accurate, current or free from error.
In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Website and which you have ordered, Clause 14 of these Terms shall apply.
9.2 Placing your Order
You may place an order on the Website (“Order”) by completing the Order form on the Website and clicking on the “Confirm Order” button. Vendor will not accept Orders placed in any other manner.
You shall be responsible for ensuring the accuracy of the Order including the quantity, type and specifications of Products purchased.
9.3 Orders are irrevocable and unconditional
All Orders will be deemed to be irrevocable and unconditional upon transmission through the Website and Vendor shall be entitled (but not obliged) to process such Orders without your further consent and without any further reference or notice to you.
Nevertheless, in certain circumstances, you may request to cancel or amend the Order which the Vendor will endeavour to give effect to on a commercially reasonable effort basis.
However, notwithstanding the foregoing, the Vendor is not obliged to give effect to any request to cancel or amend any Order.
9.4 Vendor’s reservation of rights in respect of Orders
All Orders shall be subject to Vendor’s acceptance in its sole discretion and each Order accepted by Vendor shall constitute a separate Customer Contract.
You acknowledge that unless you receive a notice from Vendor accepting your Order, Vendor shall not be party to any legally binding Customer Contract made between Vendor and you for the sale or other dealings with the Products and accordingly Vendor shall not be liable for any Losses which may be incurred as a result.
For the avoidance of doubt, Vendor reserves the right to decline to process or accept any Order received from or through the Website in its absolute discretion.
9.5 Termination by Vendor in the event of pricing error
Vendor reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Website, in which event the Company shall, on behalf of Vendor, notify you of such cancellation by giving three days’ notice.
Vendor shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
9.6 Customer’s acknowledgement
You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Vendor which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either the Company or Vendor.
You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms and Customer Contracts allocate risks between the parties and permit Vendor to provide the Products at lower fees or prices than Vendor otherwise could and you agree that such exclusions on liability are reasonable.
9.7 No representations or warranties:
Without prejudice to the generality of the foregoing Clause 9.9:
(a) 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 Vendor;
(b) Vendor 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 Vendor's opinion in that behalf. Neither the Company nor Vendor gives any warranty as to the quality, state, condition or fitness of the Products;
(c) the Company shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof:
• improper remedy of defects;
• alteration of the Products without the prior agreement of the Company;
• addition and insertion of parts, in particular of spare parts which do not come from a Vendor.
(d) Vendors shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, 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, the Customer or third parties’ failure to follow a Vendor’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without Vendor’s approval;
(e) Vendor is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without a Vendor’s prior written approval and the Customer shall indemnify Vendor against all Losses arising out of such claims.
9.10 Delivery of Products
(a) Delivery of the Products shall be made to the address you specify in your Order either by Vendor or by the Company (or its agents) on behalf of Vendor;
(b) Delivery and packing charges shall be as set out in the Order;
(c) You acknowledge that delivery of the Products is subject to availability of the Products. Vendor will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Website is updated regularly, it is possible that in some instances a Product may become unavailable between updates.
(d) All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Vendor will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Vendor. The time for delivery in each Customer Contract shall not be of the essence, and Vendor (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
(e) In the event you do not receive the Product by the estimated delivery date as set out in the Order confirmation and provided that you inform the Company within three days immediately from such estimated delivery date, Vendor will try, to the best of Vendor’s ability, to locate and deliver the Product. If the Company does not hear from you within three days from such projected delivery date, you shall be deemed to have received the Product
(f) By clicking on the "Confirm Order", you are deemed to have read through the Vendor's return policy under the "Delivery and Policy" page of each Vendor and that you accept the policy stated.
9.11 Prices of Products
(a) The price of the Products payable by a Customer shall be the Listed Price at the time at which the Order placed by the Customer is transmitted to Vendor (through the Website).
(b) All Listed Prices are subject to taxes, unless otherwise stated. Vendor reserves the right to amend the Listed Prices at any time without giving any reason or prior notice.
10.1 Unless otherwise expressly stated by Vendor on the Vendor’s page, Customers have the option of paying for Products on the Website by:-
(a) making full payment by way of credit/debit card at the time of placing an Order (“Upfront Payment”);
(b) Making partial payment, (“Deposit”) by way of credit/debit card at the time of placing an Order and to pay the remaining upon delivery of products.
Regardless of payment option, a Vendor’s acceptance of your Order and formation of a Customer Contract arises only upon the issuance by the Website of an order confirmation.
10.2 For Customers who choose the partial payment ("Deposit") Option, a percentage of the Price set by Vendor will be charged to and payable by Customers at the time of placing an Order.
10.3 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 Vendor, Vendor shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
11.1 All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank Account provided that complete and accurate bank Account details are provided to us.
11.2 The Company offers no guarantee of any nature for the timeliness of the refunds reaching your Account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
11.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
11.4 All refunds are conditional upon our acceptance of a valid return of the Product.
11.5 The Company reserve the right to modify the mechanism of processing refunds at any time without notice.
12.1 Upon clicking on the “Submit” button, no cancellations of Orders by Customer are permitted unless expressly stated by Vendor on the relevant Vendor page.
13. RETURN OF GOODS
13.1 For any return of goods, please refer to each Vendor’s page for their returns policy.
14. LIMITATION OF LIABILITY
14.1 The use of the Website is at the user’s own risk.
14.2 The Company does not edit or control User Content on the Website and will not be in any way responsible or liable for User Content or Orders. The Company nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Content.
14.3 As a provider of interactive services to bring Customers and Vendors together, the Company is not liable for any statements, representations relating to User Content provided by its Users in the Website.
14.4 The Company accepts no responsibility for adverts contained within the Website. If you agree to purchase goods and/or services from any Vendors who advertises in the Website by clicking the adverts on the Website, you do so at your own risk. The Vendors advertiser, not the Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the Vendors advertiser.
14.5 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 Website, the Services or the Website Materials;
(b) that the Website, the Services or that any of the Website Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the Website, the Services or the Website Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the Website or the Services, and you accept the risk that any information transmitted or received through the Services or the Website 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.
14.6 The Company expressly disclaims:-
(a) all liability whatsoever to the extent permitted by law whether arising in contract, tort or otherwise in relation to the use of the Website; and
(b) all implied warranties, terms and conditions relating to the Website (whether implied by statute or common law) including without limitation any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, non-infringement and information accuracy of Orders and User Content.
14.7 In particular but without prejudice to the foregoing, the Company accepts no responsibility for any technical failure of the internet, data transmitted through the Website or the failure of the Website or any damage or injury to Users or their equipment as a result of or relating to their use of the Website.
14.8 The Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Website, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
14.9 The Company will not be liable for and shall not be included as a party to any disputes or legal proceedings between a Customer and a Vendor.
14.10 For the avoidance of doubt, in the event the Company is liable to you directly or indirectly in relation to the Website, the Company’s liability shall be limited to the amount paid by you in any expenditure incurred by you through the use of the Website.
Amendments to Terms
The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the Website to this page.
You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Website.
No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf ofthe Company.
By using the Website, each User is deemed to have agreed to indemnify the Company in full and on demand from and against any damages, losses, liabilities, claims, actions, proceedings, costs (including legal costs on a full indemnity basis as well after as before judgment) and expenses which the Company may suffer or incur relating to, in connection with, arising from such User’s use of the Website.
If a User violates any of the Terms, or otherwise create risk or possible legal exposure for us, the Company can stop providing all or part of the Website and/or the Services to you.
The Company will notify you by email or at the next time you attempt to access your Account.
Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
These Terms shall be governed by and construed in accordance with Singapore law and you agree to submit to the exclusive jurisdiction of the Singapore Courts.