Welcome to the user agreement for BeachBoyz.com.sg. Please review the following terms and conditions carefully as they are the terms of sale that govern your purchases at our online shop (hereinafter known as the "Site"). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. By agreeing to the terms and conditions of use and as a member of BeachBoyz.com.sg, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
Terms of Use Agreement
This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the BeachBoyz.com.sg web site which is identified by the uniform resource locator www.beachboyz.com.sg (the"Site"). This Agreement is entered into between you as the user of the Site (the" User") and the owner of the Site ("BeachBoyz.com.sg").
Registration
Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to BeachBoyz.com.sg providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
The User agrees not to reveal to anyone his/her Username and password and to be fully responsible for maintaining the confidentiality of such information.
By becoming a Registered User, you consent to the inclusion of your personal data in our Buyer Database. BeachBoyz.com.sg may send emails to you or contact you otherwise through your personal data whatever information BeachBoyz.com.sg would like to communicate to you.
BeachBoyz.com.sg may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) there is any breach of the provisions of this Agreement by the Registered User; or (b) BeachBoyz.com.sg has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) BeachBoyz.com.sg believes that the Registered User's actions may cause financial loss or legal liability to such Registered User.
Users Generally
Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for the purpose of re-selling or re-distributing the BeachBoyz.com.sg Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with BeachBoyz.com.sg , or otherwise commercially exploiting the BeachBoyz.com.sg Content. Systematic retrieval of BeachBoyz.com.sg Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BeachBoyz.com.sg is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
BeachBoyz.com.sg reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall BeachBoyz.com.sg be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by BeachBoyz.com.sg and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
We urge that you read BeachBoyz.com.sg Privacy Policy which governs the protection and use of each User's information in the possession of BeachBoyz.com.sg. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that BeachBoyz.com.sg may change the Privacy Policy from time to time provided that BeachBoyz.com.sg shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
Limitation of Liability
The features and services on the site are provided on an "as is" and "as available" basis, and FSG hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from BeachBoyz.com.sg or through or from the Site shall create any warranty not expressly stated herein.
Under no circumstances shall BeachBoyz.com.sg be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Each User hereby agrees to indemnify and save BeachBoyz.com.sg, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save BeachBoyz.com.sg, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to BeachBoyz.com.sg. BeachBoyz.com.sg reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BeachBoyz.com.sg in asserting any available defenses.
BeachBoyz.com.sg shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Site
- any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
- violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Site; or
- any matters relating to Premium Services however arising, including negligence.
Intellectual Property Rights
BeachBoyz.com.sg is the sole owner or lawful licensee of all the rights to the Site. The Site embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site shall remain with BeachBoyz.com.sg. All rights not otherwise claimed under this Agreement or by BeachBoyz.com.sg are hereby reserved.
"BeachBoyz", "BeachBoyz.com.sg" and related icons and logos are registered trademarks or trademarks or service marks of BeachBoyz.com.sg, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
General
This Agreement and the Privacy Policy constitute the entire agreement between the User and BeachBoyz.com.sg with respect to and governs the use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
BeachBoyz.com.sg's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives BeachBoyz.com.sg's right to act with respect with subsequent or similar breaches.
BeachBoyz.com.sg shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement). The User may not assign, in whole or part, this Agreement to any person or entity.
These terms and conditions shall be construed in accordance with the laws of the Republic of Singapore. If you are not a resident in Singapore, by registering as a member, you agree that the laws of the Republic of Singapore, without regard to the conflicts of laws principles thereof, will apply to all matters relating to your membership and use of the services. You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of Singapore in respect of any dispute arising out of and/or in connection with these terms and conditions.