TERMS
AND CONDITIONS FOR BUYERS
Clause 1:Applicability of Terms for domain
www.singaporemotors.net
Pixelpro.com Pte.Ltd (hereinafter referred to as "The Company"),
the owners of the web portal www.singaporemotors.net
establishes the following rules and regulations (hereinafter referred
to as " terms") for persons/companies utilizing the company's
Internet based sales service(s) for used cars/vehicles and other items
(hereinafter referred to as "user(s)" and "service(s)"
respectively).
Clause 2: Related to Works/Scope of and Changes to the Terms
A). The Terms apply to the company and to user(s) of
the service(s). Both the company and user(s) shall strictly adhere and
abide by to the Terms in a sincere manner.
B). Where changes are made in the Terms, the company
will notify user(s) of such changes. If users do not indicate that they
do not accept changes when they next use the service(s), or within two
weeks of notification of said changes, users will be deemed to have
accepted the changes of the new regulations.
C). Where one or more Clauses or parts of Clauses contained
within these Terms is deemed in-effective or not executable, the remainder
of the Clauses or parts of Clauses as well as the Clauses or parts of
Clauses deemed in-effective or not executable will remain fully in force.
The company and/or the user(s) will legitimize the Clause or part of
Clause deemed ineffective or not executable and revise it as necessary
in order to facilitate enactment. Both parties will work toward achieving
the original objective, as well as legal and economic impact, of the
concerned Clause or part of Clause.
Clause 3: Related to User(s) Notification
A). Except where otherwise stipulated in the Terms, user(s)
are notified by the company via e-mail, via general postings on the
service Website - www.singaporemotors.net
, or by other means deemed appropriate by the company.
B). Where notification as described in point -(A) above
is carried out by e-mail, said notification is deemed complete when
the e-mail is sent to the user(s) e-mail address.
C). Where the notification in Point-(A) above is carried
out via general postings to the service(s) Website, user notification
is deemed complete once it has been posted to the Website - www.singaporemotors.net
and user(s) accessing the service(s) can view the posting.
D). Once notification as in point-(B) or point-(C) above
has been completed, any information contained in said notification is
deemed to be effective immediately.
E). User(s) are under obligation to peruse notification
from the company made be e-mail without delay. User(s) perusal e-mail
is defined as the user(s) displaying the mail delivered to their server
on their screen, carefully reading the content, and verifying that it
has been followed and understood.
Clause 4: Related to Applicable Laws in Singapore.
A). The enactment, validity, execution, interpretation,
etc. of the Terms are subject to the governing laws of Singapore court.
B). The original English document pertaining to these
Terms takes legal precedence. No changes in enactment, validity, execution,
interpretation, etc. are effective with respect to translation of the
document into other languages.
Clause 5: Related to Court Holding Jurisdiction for
the domain.
A). Should any disputes between user(s) and the company
occur with regard to the service(s) and/or any contracts concluded through
the service(s), the parties concerned agree to attempt to settle any
such disputes in a sincere manner through mutual discussions and/or
negotiations.
B). If the dispute(s) cannot be resolved through discussion
and/or negotiations between the parties concerned, either the Singapore
District Court or the Singapore High Court holds original, exclusive
jurisdiction over the dispute.
Clause 6: Related to Prerequisites for Utilizing the
Service(s) on the Internet website - www.singaporemotors.net
User(s) are responsible for obtaining the equipment necessary
to utilize this service(s), including communications equipment, software,
hardware, relevant Internet services, ISP, Internet/web access etc.
Clause 7: Related to Making and/or dealing with changes
to Registration Information at the website - www.singaporemotors.net
A). Should the changes occur in user(s) information such
as name, address, telephone number, and other information provided to
the company at the time of application, user(s) must report any such
changes to the company immediately.
B). The company is not liable for any damages incurred
by the user(s) or a third party due to failure to inform the company
of the changes in user(s) information noted above.
C). Where the user(s) neglects to inform the company
of changes in registered information, the user(s) understands that the
company will deem any notification sent to have been received by the
user(s) at the time it is supposed to be received, even if said notification
returns to the company as undeliverable, as the notification will be
sent as indicated in the information previously provided to the company
by the user(s).
Clause 8: Related to Terms of Restrictions for domain
www.singaporemotors.net
The following actions are prohibited of user(s) of this
service(s).
A). Actions that infringe on company or third party copyrights
or other rights, or actions that pose a threat to such rights.
B). Actions that infringe upon the company's assets or
its privacy, or actions that pose a potential threat to such rights.
C). In addition to points - (A) and (B) above, actions
that cause loss or damage to a third party or to the company, or actions
that pose a potential threat of such loss or damage.
D). Transfer of rights stipulated in the Terms to a third
party.
E). Actions resulting in the defamation of a third party
or the company.
F). Actions that run counter to public order and morals
(including obscenity, prostitution, violence, atrocities, abuse, harmful
political agenda(s) etc.) or actions deemed by the company to potentially
lead to such violations, or the action of providing information that
runs counter to public order and morals to a third party.
G). Illegal actions or actions related to illegal actions,
or actions that could potentially lead to illegal actions.
H). Actions related to the sex industry, religious proselytizing
or wrongful political agenda(s).
I). Utilizing the service(s) as a third party.
J). Falsifying or suppressing company or third party
information through access of the service(s).
K). Utilizing harmful computer programs such as viruses through the
service or in conjunction with the use of the service, or providing
any such programs.
L). Actions leading to inconvenience or loss for the company or a third
party, actions that may interfere with the service, or actions that
impede operation of the service(s) or obstruct the use of domain www.singaporemotors.net
M). Utilizing the service in order to cause significant
interference to the use of the service by other user(s), either directly
or indirectly.
N). Actions that may promote any of the above actions
including linking to sites that carry out the above actions (including
where said actions are carried out by a third party).
O). Other illegal actions or actions that may potentially
lead to illegal actions.
P). Other actions deemed inappropriate by the company.
Clause 9: Related to Copyrights Issues
A). User(s) may not utilize any information or files
accessed via the service by any means whatsoever without the permission
of the copyright holder for any purpose besides individual and/or personal
use.
B). User(s may not, by any means whatsoever, have third
parties utilize or disclose information or files obtained through the
use of the service(s) without the permission of the copyright holder.
C). Should any disputes arise due to violation of the
rules stipulated in this Clause, the user is responsible, financially
and otherwise, for the resolution of such disputes. The company will
not be held liable in any way, and the user will not cause loss to the
company.
Information Pertaining to Sales Contracts:
Clause 10: Related to Requesting an estimate/quotation
from Enquiry forms)
A). Users who wish to obtain an estimate for used cars
or other items (hereinafter referred to as "goods") sold through
the service(s) can request the estimate via the service(s) by means
specified by the company by entering the required information (name,
address, e-mail address, etc.)
B). Where an estimate is requested according to the procedure
described above, it will be forwarded to the user(s) within two working
days by e-mail or other means deemed appropriate by the company however
if the appropriate information is not readily available, it may take
longer.
Clause 11: Related to Conclusion of Contract
A). User(s) wishing to purchase goods from the company
through the company's service(s) should remit the amount indicated in
the website / shopping cart area at the domain www.singaporemotors.net
, by electronic wire transfer, or should remit the funds to a specified
account by other means of settlement as stipulated by the company in
the currency specified by the company. The company utilizes systems
required for proper payment processing, including requiring the user(s)
to enter the estimate number on the message line. User(s) are responsible
for any bank fees incurred in the remittance of funds.
B). The contract is concluded where payment is remitted to the company's
specified account by the means described above, or where payment is
made by some other method specified by the company, and said payment
has been confirmed.
C). Once payment has been made by the user(s) and confirmed
by the company, and the user(s) (hereinafter referred to as "the
Buyer") and the company both agree to the sale, the Buyer is promptly
notified by e-mail, or other means deemed appropriate by the company,
that the contract has been concluded. Users who have made remittances
are assumed to have understood and agreed to the estimate/quotation.
D). It is the responsibility of the Buyer to research
in advance any import regulations in their own country, and to report
these to the company. Further, the Buyer is responsible for paying all
taxes assessed in their country.
E). It is the sole responsibility of the Buyer to abide
by any import restrictions, guidance and instructions from the relevant
authorities that arise from neglecting to proceed as described in (D)
above, and the Buyer will not hold the company liable in any instance
whatsoever. Further, the Buyer is liable for any resultant damages incurred
by the company, while the company bears no liability for any such damages.
Clause 12: Related to Termination of Contract
A). Even where the contract has been concluded as described
in (B) of Clause 11, the company reserves the right to terminate the
contract where the goods cannot be delivered for reasons related to
import restrictions, guidance or instructions, etc., from the relevant
authorities, where the buyer has made false statements or has performed
illegal acts, or where it is recognized that the contract is rendered
impossible to execute due to actions of the buyer.
B). In instances as described in (A) above, any funds
remitted or payments made to the company will be returned to the buyer
in full. Any bank fees arising as a result are paid by the user(s),
and the company pays no interest whatsoever on funds held through the
date of refund. Further, where any actual costs arise through the period
up until the refund is made, any such costs are the responsibility of
the user(s), and the company bears no such costs whatsoever.
Clause 13: Related to Shipping and Forwarding
Once the contract has been concluded with the buyer and
the appropriate paperwork (Singapore export customs administration,
shipping and logistic arrangements, etc.) completed, the buyer will
be promptly notified of shipping details as described in Clause 3 (notification).
Clause 14: Related to Refunds
A). Refunds are made only where there is a reasonable
basis for such action, such as where agreement is not reached on a contract
for the payment concerned.
B). Refunds may also be given where both parties agree,
even where no reasonable basis as described in (A) above is recognized.
C). Bank fees assessed on remittances related to refunds
as described in (A) and (B) above are paid by the buyer, except where
the company is largely responsible.
Clause 15: Related to Transfer of Property Rights
on Goods
A). The timing of transfer of property rights between
the company and the buyer is governed by the International Commercial
Terms set forth by the International Commercial Terms (ICC), as noted
on the estimate at the time the contract is concluded (see Clause 11).
Ownership of goods purchased under F.O.B. quote is transferred
at the time they have passed the ship's railing, while that of goods
purchased under the "C" terms (CIF, CNF,CFR, and C&I)
is transferred when the goods pass the ship's railing provided the shipping
documents have been issued.
In other cases, transfer timing is determined by the
company and the transferee based on individual circumstances.
B). Where the company and the buyer agree to conditions
other than the above, their agreement takes precedence.
Clause 16: Related to Transfer of Risk
A. The ICC's apply to the timing of transfer of risk
on goods between the company and the buyer, as noted on the estimate
at the time the contract is concluded (see Clause 11).
B). Where the company and the buyer agree to conditions
other than the above, their agreement takes precedence.
Clause 17: Related to Product Liability
Company sales are based on "AS-IS" condition
at the time of sale. The company bears no liability whatsoever for problems,
including failure and/or accidents, with buyer purchases of goods where
such problems arise from breakdown, defects etc. that is the responsibility
of the commodity manufacturer (hereinafter referred to as "the
manufacturer"). Further, the company holds no liability for damages
so incurred by any third parties.
Clause 18: Related to Defect Liability
A). As described in Clause 15, once property rights have
been transferred, the company is in no way liable for damages incurred
by the buyer, including defects or failure. Further, the company holds
no liability for damages so incurred by any third parties.
B). The company and buyer may agree to conditions other
than the above, in which case their agreement takes precedence.
Clause 19: Related to Cost Burden
A). The company is in no way liable for costs related
to failure or accidents stemming from defects, for defects or failures
that are the responsibility of the manufacturer, or for other damages
incurred by the buyer or a third party. The buyer covers the cost burden
required to resolve any such issues.
B). In the extremely rare event that breakdown or other such damages
occur as a result of criminal intent or gross negligence on the part
of the company, the company will pay all repair and compensatory costs
involved, regardless of the rules stipulated in (A) above.
C). The company and buyer may agree to conditions other
than the above, in which case their agreement takes precedence.
Clause 20: Related to Returns
A). Where a contract is concluded as stipulated above,
the company will not allow for any returns once the goods or property
rights on such goods have been transferred.
B). Exceptions to the above may occur where the company is largely responsible.
Other Important Issues:
Clause 21: Related to Safeguarding User Information
The company will not dispose of or disclose information
provided to the company by the user(s) in requesting an estimate, as
described in Clause 10, or information that becomes known to the company
through the process of the user(s) utilizing the service(s), except
under the following circumstances.
A). Where the user(s) agrees to the disclosure of limited
personal information (user name, address, telephone number, e-mail address,
etc.).
B). Where the company discloses statistics collected
on personal information (the type of information where individual user(s)
are not specified) for the purpose of assessing trends in the use of
the service(s).
C). Where disclosure is required by law.
Clause 22: Related to Termination and Suspension of
Service
The company may terminate or suspend operation of the
service under the following circumstances:
A). For regular or emergency system maintenance or work
on the service(s), or under unavoidable conditions such as a company
system failure.
B). Where due to war, civil unrest, rioting, labor disputes,
earthquake, volcanic eruption, floods, tsunami, fire, blackout, system
failure due to hacking or a computer virus, or other emergency conditions,
the service(s) cannot be operated as usual.
C). Where so restricted or order by a government agency,
or where the service(s) of other electronic communications companies
have been terminated or suspended.
D). Under any other circumstances where the company deems
temporary suspension necessary to the operation of the service(s).
E) The company will inform user(s) in advance when operation
of the service(s) is to be terminated or suspended as per the above.
Note, however, that this may not be possible in emergency situations.
F). The company is in no way liable for damages incurred by user(s)
or third parties resulting form termination or suspension of the service(s).
More About Compensation for Loss
Clause 23: Related to Exclusions
A). Except where otherwise specified in the Terms, the
company is in no way liable for damages incurred by user(s) or third
parties through the provision of or delays/changes in, suspension, termination,
discontinuance, or abolishment of the service(s), leakage or loss of
information provided through registration with the service(s) or other
means, or damage otherwise incurred related to the service(s).
B). The above may not necessarily apply in cases where
there is criminal intent or gross negligence on the part of the company.
C). The company makes no guarantees whatsoever in terms of the completeness,
accuracy, usability, etc., of the description of the service(s), or
of information obtained by user(s) through the service(s).
D). The company makes no guarantees of proper operation
of any user(s) equipment, hardware or software.
E). The company is in no way liable for any disputes
between user(s) and third parties that may arise through use of the
service(s).
F). In addition to the above, the user(s) is liable for compensation
of any damages incurred by the company as a result of his or her violation
of the Terms, criminal intent, or gross negligence.