1. Introduction
Thank you for visiting www.flo-tek.sg (the "Site"). This Website is operated by Flo-Tek (Singapore) Pte Ltd, Company registration number is 201836936Z, (“We”, “Us”. “FTSG”, “Seller”), a company registered in Singapore. You, the buyer (“You”, “Your”, “Buyer”) is encouraged to please read the following terms of use and our Privacy Policy (collectively the “T&Cs”). These T&Cs apply to www.flo-tek.sg (the "Site") and FTSG and form the T&Cs on which we supply products and services to you Your use of the Site and the payment to FTSG’s invoice(s) indicates that you have acknowledged, understood, and agree to adhere to the T&Cs. If you do not agree to these T&C, do not access and/or use this Site or make payment to us. If you do not agree to be bound by these Terms of Use, please do not continue to access this Web Site.
2. General
These T&Cs are subject to change from time to time at the instance and sole discretion of FTSG without prior notice. Changes to these T&Cs will be posted on this Site and you hereby agree that continued use of this Site after any changes to these T&Cs will amount to agreement to be bound by the modified T&Cs.
3. Use of this Site
As a condition of your access to and/or use of the Site, you warrant that:
• all information supplied by you on the Site is accurate, current and complete;
• You will not copy or distribute any part of the Site in any medium without FTSG’s prior written authorization.
• You shall be solely responsible for your access to and/or use of the Site and its materials herein.
Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
The contents of this Site are owned by FTSG and are protected by copyright, trademark and other forms of applicable intellectual property rights. By accessing this Site, FTG hereby grants you a revocable limited license to reproduce contents from this Site for the purpose of online and/or offline viewing at a single computer, for personal and non-commercial use. You are not permitted to download or otherwise reproduce the Site in its entirety. You are also prohibited from copying, reproducing or adapting content from this Site without prior written agreement from FTSG.
4. Prohibited Activities
You agree and undertake not to:
Use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site's data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
Post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libellous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
5. Links To Third Party Sites
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by FTSG including third party payment system providers. You acknowledge and agree that FTSG is not responsible for the content, privacy policies, or practices of such third-party websites or the companies that own them. By using the Site, you expressly relieve FTSG from any and all liability arising from your access and use of any third-party website.
We encourage you to review the T&Cs and privacy policies of any third-party websites before using them and disclosing your personal data to them.
6. Intellectual Property Rights
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of FTSG and its affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of FTSG or such third party owner. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without FTSG’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.
7. Warranties And Liability
The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-
life or wear of any product or that it 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 FTSG;
improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and any warranties provided under these T&Cs if the total price for the product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers FTSG does not retain or process any such payment information. FTSG cannot guarantee the security of such third party payment system(s) or any payment data on the Site, FTSG is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, FTSG is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve FTSG from any and all liability in connection with the acts, omissions or defaults of such third parties.
To the extent permissible at law: We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Order;
Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such Order.
In no event shall FTSG be liable for any damage (whether direct or indirect) caused to the Buyer by reason of any act, omission, negligence or misrepresentation on the part of FTSG.
8. Indemnities
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of:
Your access of, use of and/or participation in this Site;
Your use of the products purchased from FTSG;
Breaches of your obligations under these T&Cs;
Your violation of any rights of another person or entity; and/or
Your breach of any statutory requirement, duty or law.
9. Orders & Payments
You may place an order with us by completing and submitting the order form and making payment on the Site. Or you may make payment to us with the invoice that you have received from FTSG. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site or email, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
We reserve the right to accept or decline any and all orders received in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order or partially-paid as mutually agreed accepted by us shall constitute a separate and individual contract governed by these T&Cs (an "Order").
The price payable by you for the product shall be the price of the product listed for sale as stated on the Site and/or as per our invoice at the time your order is transmitted to us through the Site or via email, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. All unpaid orders will be deemed as cancelled.
10. Product Description And Defects
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Minor variations in measurement (within 10%) are not considered a defect. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. We do not warrant that product descriptions, specifications or other content on the Site are accurate, complete, reliable, current, or error-free. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
11. Liability for causing damages (Product Liability)
FTSG is not responsible for damages to real and personal property which occurs while the product is in the buyer's possession. Nor is FTSG responsible for damages to the products made by the buyer or products comprising such parts. Furthermore, the seller is only responsible for damages to real and personal property, if it can be proved that the damage is caused by mistakes or negligence made by the seller or others whom the seller is responsible for.
FTSG is not responsible for operational losses, loss of profit, loss of products or other indirect losses. If a product liability towards a third party has been imposed on the seller, the buyer agrees to indemnify the seller to the same degree as the seller's responsibility stated in this clause.
Any claims made against the seller for damages assertedly caused by the product shall be resolved under the Dispute Resolution clause.
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Minor variations in measurement (within 10%) are not considered a defect. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. We do not warrant that product descriptions, specifications or other content on the Site are accurate, complete, reliable, current, or error-free. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
12. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this T&Cs if the failure results from events beyond the control of either party.
Such events shall include, but not limited to, strikes, lock-outs or other labour disputes, riots, civil disturbances, actions or inactions of government authorities or suppliers, epidemics, wars, embargoes, acts of Good or other catastrophes.
In case of such events, the time for performance required by either party under this Agreement shall be extended for a period of 14 days.
If the event continues after a period of 14 days, the other party may terminate the order by giving written notice.
13. Assignment and Sub-contracting
You shall not without the consent of FTSG assign the rights under this T&Cs. You shall not without the consent of FTSG enter into a sub-distributorship agreement in respect of the products purchased from FTSG. You may not assign these T&Cs or any rights or obligations under these T&Cs to any party. We may transfer our rights and obligations under these T&Cs to another organisation.
14. Waiver
The absence of FTSG enforcement to any right or provision of these T&Cs shall not be deemed a waiver of such right or provision. In the event that any provision of these T&Cs is held to be invalid, illegal or unenforceable, the remaining provisions of these T&Cs shall remain in full force and effect. No waiver of any rights arising under this Agreement shall be effective unless in writing and signed by the party against whom the waiver is to be enforced. No waiver of any breach to this Agreement shall be deemed to be a waiver of any other or any subsequent breach.
15. Dispute Resolution
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be in English.
16. Severability
If any term or provision of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining terms and provisions of this Agreement shall remain in force and effect and such invalid, illegal or unenforceable term or provision shall be deemed not to be part of this Agreement.
17. Entire Agreement
This Agreement, together with the Schedules hereto, constitute the entire agreement between the parties with respect to the subject matter hereof and there are no representations, understandings or agreements related to this Agreement which are not fully expressed herein. The parties acknowledge and agree that neither party is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
18. Independent Contractor
The relationship between the FTSG and the buyer is that of an independent contractor. It is not that of an agency, partnership or employment.
19. Governing Law
This Agreement shall be deemed to be a contract made in Singapore and shall be subject to, governed by and interpreted in accordance with the laws of the Republic of Singapore for every purpose.
20. Returns
We do not accept returns for items unless mutually agreed by FTSG and you. Returns should be unopened, unused and with its packaging materials intact. Return parcels are to reach us within 30 calendar days from dispatch date for local orders, or 45 calendar days for international orders. You are responsible for postage costs of returned items. Kindly note that all return parcels are dealt via mailing only. If you return an item that does not meet the requirements for returns set out above, we reserve the right to reject the return and any request for a refund. You are responsible for the item until we have accepted the return and kindly retain all proof of mailing until an acknowledgement has been sent. FTSG shall only accept returns and grant replacements and refunds on the condition that the items being returned, replaced or refunded were purchased from FTSG.
If we accept your return, we will make any refunds due to you as soon as possible and generally within 14 days from the day on which we receive the returned product. Please note that refunds will be provided only in the form of store credit.
21. Delivery
Orders are processed and dispatched from our warehouse to our local delivery partner within an estimated 2 to 5 working days. Our local delivery partner shall deliver the product to the address specified in your Order or email. Any delivery dates stated during the order process are estimates only.
If delivery of your product is delayed, we will inform you accordingly and the product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.
22. Bounced Parcels
We'll be in touch via email in the event of a bounced parcel. However please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and any further delivery costs, or terminate your Order if you repeatedly fail to take delivery of the product.
Bounced parcels that are unclaimed after 14 days from the first delivery attempt will be deemed as FTSG's property and no compensation will be offered as sufficient response time has been given.
23. When You Become Responsible For The Product
The product which is the subject of your Order will be your responsibility from the time we deliver the product to the address you provided us once we have received payment in full for your Order.
24. Termination
We deem that the Order is terminated if:
You do not make payment to us when it is due;
You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the product (e.g. delivery address);
You do not, within a reasonable time, allow us to deliver the product to you;
If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
25. Updates
We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.
If we decide to change our T&Cs, we will post the revised T&Cs here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our T&Cs. Any changes will not affect any Orders that you have placed, and that we have accepted, prior to the date of the change. Your continued use of the Site indicates your assent to the T&Cs as posted.