Online T&C

AMOY CANNING CORPORATION (S) LTD ONLINE SHOPPING
TERMS OF USE

 

Introduction

Welcome to the website(s) and application(s) provided by Amoy Canning Corporation (S) Ltd.  These Terms of Use govern your access to and use of the Website (below defined).  By using the Website, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.  If you violate or do not agree to these Terms of Use, then your access to and use of the Website is unauthorized.  Take note that additional terms and conditions may apply to some services offered or to be offered on the Website.  Those terms and conditions can be found where the relevant service is offered on the Website and are incorporated into these Terms of Use by reference.

Defined terms in these Terms of Use:

When we say “Amoy Canning,” we mean Amoy Canning Corporation (S) Ltd and any of its current subsidiaries or to be formed later.  We also refer to Amoy Canning as “we,” “us” and “our.”  But when we say “Amoy Canning Entities,” we mean Amoy Canning and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.

Unless otherwise specified, when we say “Website,” we mean those including but not limited to www.amocan.com, our mobile site [www.amocan.com], the Amoy Canning Apps (if and when this is implemented in any point in time), and all related functionality, services, and Content offered by Amoy Canning on or through www.amocan.com, the Amoy Canning Apps or the systems, servers, and networks used to make the Website available.

When we say “you” or “your”, we mean any user or Customer (like you!) of our Website.

When we say “Terms of Use,” we mean the Terms of Use and all other terms and policies posted by us on the Website (and any updates made by us to these Terms of Use)

When we say “Agreement” we mean the contract for the sale of products and/or services of Amoy Canning to Customer via the Website.

When we say “Customer” we mean the person whose order to purchase products and/or services have been place via the Website and duly accepted by Amoy Canning.

When we say “Products” we mean our products and services forming the subject matter of the Agreement and provided via the Website.

When we say “Carrier” we mean the independent third party logistic/delivery team provided selected by you via the Website for the delivery of the Products you ordered.

A few other key terms used in these Terms of Use:

When we say “Content,” we mean product information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)

When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Website.

When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Website through the tools offered by such social media platforms).

When we say “Materials,” we mean Content that Amoy Canning Entities make available in or through the Website.

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Website.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified to you of such changes.  By continuing to use or access any of the Website after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changed.

 

Registration and Passwords

Registration provides a unique identification for each Customer and also helps us trace all orders in cases where there are queries or problems.

Registration is simple and done only by an individual Customer. Customer must provide his/her own unique email and password. The email and password will be required for login to the Website.

Customers must be over 18 years of age to register. Customers must also ensure that all details provided during registration or any other time are correct and complete. Any changes to details provided during registration must be updated by informing us or via the Website.

You will be asked to provide a Password upon registration, your Password must be kept confidential and must not be disclosed or shared with anyone. You will be responsible for any purchases and activities that are submitted under your registered Password.

We reserve the right to refuse, suspend or terminate your registration at our discretion.

 

Use of our Website

Because the Website is published on the World Wide Web, it is accessible in Singapore and in other countries. Each of these countries has laws that may differ from those of Singapore and from each other. We thus makes no representation that the Website (including links to third-party sites) and the material therein are appropriate or available for use in locations other than in Singapore.

You certify that (where and when you post, if applicable) the Content you provide on or through the Website is accurate and that the information you provide on or through the Website is complete.

You are solely responsible for maintaining the confidentiality and security of your account including username or email, password, and PIN (if any).  We are not responsible for any losses arising out of the unauthorized use of your account.  You agree that we do not have any responsibility if you lose or share access to your device.  Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Website.  You agree that we are not a party to any such agreement, nor are we responsible for the content, accuracy, or unavailability of any method used for payment.  Your account may be restricted or terminated for any reason, at our sole discretion.  Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Website or any portion of the Website, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Website or any portion of the Website.

In accessing and using the Website, you agree that you shall not:

• Make available any Content through or in connection with the Website that is or may be in violation of the content guidelines set forth below.
• Make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
• Use the Website for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Website.
• Interfere with or disrupt the operation of the Website or the systems, servers, or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Website.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Website except as expressly authorized in these Terms of Use, without our express prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark, or other proprietary rights notice from the Website.
• Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, unless you obtain our express prior written consent to do so.
• Systematically download and store any Materials.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Website, without our express prior written consent.
• Cause injury to any person or entity.
• Violate any law, rule, or regulation, or these Terms of Use.
• You will not use the Website or our name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing our trademark, logo, URL, or product name without our written consent.
• You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this provision, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

 The Terms of Use herein will help you understand how we operate and ensure that we serve you fairly and properly. Only registered customers who click checkout and complete the order form are able to place orders through the Website. Guest shoppers may only browse but cannot place orders until they complete the Checkout form with their details.

We do not make any representation, warranty or endorsement of any of the products or information or description provided by any third party on the Website.

Whilst all attempts will be made to ensure the Website access is available all the time, occasionally the Website may undergo repairs, maintenance or the introduction of new services. Our website include links to other websites or materials which are beyond its control.

We shall not be liable for any downtime, failure or non-availability for any reason including but not limited to disruption of telecommunication or computing services, virus, worms, logic bombs, non-compliance, etc. of our site or to receive or process any orders.

Intellectual Property

The Website and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to us, and are protected by Singapore and international trademark, copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by us to use the Website, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.

Subject to your compliance with these Terms of Use and solely for so long as you are permitted by us to use the Amoy Canning Apps (when implemented), we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sub licensable basis, to install and use the Amoy Canning Apps on a mobile device that you own or control, solely for your personal, non-commercial use.  If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Amoy Canning Apps and remove (that is, uninstall and delete) the Amoy Canning Apps from your mobile device.

No license, right, title, or interest in the Website or any Materials is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the Materials.  You shall not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Website.  The Website and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Website and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of the Website and Materials is the exclusive property of ours and is also protected by Singapore and other international laws

Amoy Canning, the Website names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Website are trademarks of ours in the Singapore and other countries.  All other marks are the property of the respective companies.

 

Your contribution of Content and Ideas

Where we have provided functionality that enables you to make available Content and Ideas in connection with the Website, any text in Content should be written in English.  You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with the Website.  You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in terms under “Amoy Canning Rights to Use Content and Ideas” and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use.  This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

 

Amoy Canning Rights to Use Content and Ideas

You grant to us a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.  You further agree that we are free to use any Ideas for any purpose.  We may sublicense its rights in Content and Ideas through multiple tiers of sublicenses Amoy Canning is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea.  You grant to us the right to use any name associated with any Content or Idea that you make available to us, although we have no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

 

Prohibited Contributions from You

You agree that you shall not make available Content in connection with the Website that:

• is false, fraudulent, inaccurate, or misleading;
• contains your full name(s), or any other confidential personally identifiable information of yourself or others;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable;
• is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us, in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from us;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including Amoy Canning, our related entities, employees, and agents;
• violates any policy posted on the Website; or
• is intended to cause harm, damage, disable, or otherwise interfere with the Website or our independent third party collaborators.

 

Monitoring by Amoy Canning

We shall have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyse the Content, and any use of and access to the Website, including to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time.  We will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Website, for any reason, including violation of these Terms of Use, whether for legal or other reasons.  Despite our rights, you are solely responsible for any Content you make available, and you agree to indemnify us for all claims resulting from any Content you make available.

 

Materials Available on Website

We, our suppliers and licensors may make available various Materials.  The Materials are for educational, entertainment and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts/suggestions that are important to your decision. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  If you find an error or notice something that does not look quite right on the Website, we would appreciate it if you let us know by contacting us at [email protected]. Your feedback is a big part of what helps us to get better at helping and serving you.

We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take base on the Materials

 

Placing an Order

All communications made by us and information displayed on the Website shall not constitute offers to contract but are invitations to treat only.

No orders via phone or email will be accepted, all Customers have to register for an account and submit their orders online via the Website. You shall not change the standard terms and conditions set out in the prescribed form presented by us in the Website.

Our receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.  The data/request message sent by you via the Website shall constitute an offer to purchase the Products according to the terms herein and is not binding until acceptance is sent via data message by us and received by you.

We reserve the right to refuse your offer without the need to furnish you with any reason(s). We also have the right to cancel any order(s) containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us and/or the Carrier. We may either contact you for instructions or cancel your order and notify you of such cancellation.

It is your sole responsibility to verify that your electronic mailbox is in proper working order. In the event of operational failures, the Customer shall assume all risks, losses, damages or other consequences of such failure. We shall not be held responsible for any inaccuracy or omission.

Risk in Products shall pass from us to Customer upon the Carrier taking delivery of the Products from us to make the delivery to you.

We reserve the right to revise and or discontinue any Products.

You acknowledge and accept that the specification of Products delivered to you may differ from those described in any specification sheet or Product catalogue on the Website.

 

Pricing & Product Information

All prices quoted are inclusive of GST (Singapore) but exclusive of other tax(s) and you will see estimated shipping taxes and fees when you place the order.  The final shipping fees, taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable.

We cannot confirm the price or availability of an item until after your order is placed.  Pricing or availability errors may occur on the Website.  Prices are subject to change. There may be a minimum order value, which may change from time to time.

Pricing for Products may be different on the Website or from prices available in our physical store(s), any other external online sales platforms or on Amoy Canning Apps (where implemented).

All prices are quoted on the Website are on ex-store basis and shall not include any delivery charges, import or export fee, duty, tariff or other charges applicable. We retain title to Products until you have paid all amounts payable in respect of Products to us in full (including all applicable delivery charges, taxes etc.)

In the event of any price differentials between the online order billing and the final bill whether arising from substitutions, daily price changes, out-of-stock Products, special price, mislabelling or mispricing etc,  We reserve the right to adjust the final bill after the online bill is presented/conveyed to you and such adjustment shall be final.

We make every effort to display the colours of our Products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Whilst every effort is made to fulfill orders in terms of price, size and such other details through our Website, we expressly reserve the right to vary the price and other details of the Products without notice. As much as we try to reflect the actual Product size, weight or other details and price, we are not liable for situation when they may differ from the actual Product.

When you order Products close to their use by date or expiry date, you fully acknowledge that you are fully aware of the shelf life and agree that you shall not permitted to any refund or exchange nor have any other recourse against us.

We shall not be liable to any Customer or any other person for any loss, damage incurred or inconvenience suffered in the event we decline to fulfil an order for whatever reason including but not limited to an unforeseen circumstance (e.g. lack of availability, quantity or specification etc.) as the case may be.

Payment and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us.  All billing information you provide to us must be truthful and accurate.  Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  Prior to accepting an order we may also request additional information from you.  Verification of information may be required prior to the acknowledgment or completion of any purchase.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will attempt to contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

In addition to the price of the Products, a delivery charge as shown at checkout, if applicable, will also be payable by you.    In the event your order must be fulfilled using Products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.

We have no obligation to deliver Products until the Price and any other applicable charges are received in full by us in the currency in which the price is quoted on the Website. You are deemed to have given us your consent to pay any charges above mentioned on your behalf and you undertake to repay us any such charges paid by us on your behalf. You shall not assert that you are exempted from the payment of such charges.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

We reserve the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.  We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from us for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

We reserve the right to change the mode or method of payment for Products offered on the Website at any time by announcement via the Website, email blasts and any other means of public communications.

Product Unavailability

In situations of stock unavailability, we reserve the right to proceed with the order accordingly. Here we work towards bringing you a wholesome online experience. If any item you have ordered is not in this confirmation, it is with much regret to inform you that it is unavailable. Special offers are valid while stock last. Traders are not allowed. We reserve the right to reject, and/or limit quantities on any orders received.

Delivery and Pickup

All contracts of sale shall be made between you and us only.  You acknowledged that delivery of fulfilment of purchase orders shall be made through your selected Carrier. We shall not be responsible for delivery of Products and/or services or fulfilment of orders.

Products will be shipped to an address designated by you (no PO Box address permitted), if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website.  All transactions are made pursuant to a delivery contract, and as a result, risk of loss and title for Products pass to you upon delivery of the Products by us to your selected Carrier.

Delivery of Products purchased from the Website to addresses outside Singapore is limited.  Some Products may also have restricted delivery within Singapore.  Some Products may be available for pick up at our physical store location(s) as designated on the Website.  Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

Your selected Carrier will only deliver your order to the front door at the stated delivery address. In an event where the Carrier has been notified to leave your order on your doorstep, we and/or the Carrier shall not be liable for any consequential, indirect or special damages or loss of whatever descriptions.

Any delivery date provided by us and/or your choice of Carrier shall be indicative only and shall not be an obligation on us and/or the Carrier. You acknowledge that in purchasing Products, you have not relied on any representation by us as to the delivery date of the Products.

If you fail to take delivery of Products or fail to enable the Carrier to make delivery (whether by refusal or failure to provide any instruction, document, licence, authorization or otherwise) delivery shall be deemed to have taken place upon us giving notice to you of such deemed delivery whereupon risk in Products shall pass immediately to you. You shall reimburse us all costs and expenses (including but not limited to transport, storage and insurance charges) incurred by us as a result of your failure or refusal to take physical delivery.

Unless you notify us to the contrary the next day after the delivery of Products, you shall be deemed to have accepted the purchased Products in good condition and in accordance with the terms of the Website and Agreement.

You are strongly advised to check the item purchased at the time of acceptance to avoid any possible dispute. All Products leaving us have been checked for quality and accurate quantity.

Amendment/Cancellation of Offer of Purchase or Delivery

Once an order has been processed, amendments are strictly prohibited unless the item(s) ordered are not in stock and in this situation, Amoy Canning will notify you of the cancellation or amendment to your order. In such situation, Amoy Canning will contact you via your contact number or an e-mail as stated in your order form.

Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made.  These limitations will be provided when you place your order.  For  orders that are delivered to you, title to the Products purchased by you and the related risk of loss on these items passes to you upon delivery of the items by us to your selected third party logistic provider.

Notwithstanding the above, we may at our absolute discretion and subject to you paying an administrative fee, allow Customer to cancel or amend your order. We shall determine the amount of such administrative fee.

Kindly take note that amendments/cancellations that are made after once the parcel is being handed over to the third-party courier shall be prohibited. Additional fees shall be borne fully by you in the event if you wish to cancel/return the parcel to us.

 

Overseas Delivery Policy

You acknowledge that the items of Products sold on the Website are subject to the customs and export control laws and regulations of the Singapore and may also be subject to the customs and export laws and regulations of the country in which the Products are received, and you shall fully comply with all applicable laws at your own expense including but not limited to the payment of all taxes, tariffs, duties, levies and the like.

 

Product Exchange, Return and Refunds

We are not responsible for any damage caused to the Products or any discrepancies that may arise after the Products are in the hands of the Carrier.

We do not offer any returns or refunds once payment has been made to us. Any return or refund that we make is subject to our sole and absolute discretion after we have investigate the matter.

Exchange is permitted only when the wrong Products is delivered and this is also subject to us receiving proof of any purported error made by us. For such return, we reserve the right to reject any return unless the Products are deemed, by us, to be suitable for exchange and that you bear the cost of all and any such return of the Product by using our third party carrier or you can simply bring items with you to our physical store

Returned items must be in their original packaging with proof of purchase within 3 working days (excluding Saturdays and Sunday and Public Holidays) of the date you received them.

As mentioned above, we may, in our discretion, provide you with a refund in certain circumstances.  If you are not satisfied with your order, please contact us at [email protected]

Notwithstanding the foregoing, all refunds will be subject to our discretion.

 

Promotional Coupon Codes

Our Coupon Codes (“Coupon Codes”) are valid only on orders placed on the Website, subject to the terms of the terms set out here below.  Your use of a Coupon Code indicates your agreement to be bound by these Terms of Use and any of our Coupon Code terms on the promotion offer itself.  We will only honour a Coupon Code if it is used in accordance with all applicable terms.

Coupon Codes can be added to your online order by entering the code at checkout or by selecting a saved offer in checkout.  To apply a Coupon Code to your order, you must include it in the “Coupon Code” section at “Checkout”.  Use of our Coupon Code may be subjected to you providing proof of entitlement to use our Coupon Code.

All our Coupon Codes have an expiration date after which they cannot be used for any order.  Coupon Code values may be adjusted if the total discount value is greater than the value of your order.

Only Coupon Codes issued by us can be used for the Website. Coupon Codes issued by us are and will remain the property of ours. In the event of suspected fraud or misuse, we reserve the right to reject or cancel the use of a Coupon Code. We also reserve the right to charge you partially or in full the value of the benefit received, using your order payment method, without further notice.

Coupon Codes are valid for a limited or specified period only and we reserve the right to modify, cancel or discontinue them at any time on our Website, without any notice.  Coupon Codes are void where prohibited by law.  Coupon Codes may not be copied or sold. Coupon Codes are not transferable and not redeemable for cash.

Each Coupon Code has its own qualifying terms. It is void where prohibited by law. All offers are subject to availability and while stock lasts.  We reserve the right in our discretion to impose conditions on the offering of any Coupon Code.

We reserve the right to withdraw or cancel any of our Coupon Code at any time, either as a whole, or for specific goods or delivery areas.  If this happens, then our Coupon Codes may not be used for any orders placed after the date of withdrawal or cancellation.

We reserve the right to reject or cancel the use of our Coupon Code where fraud or misuse is suspected.  You will have no claim against us in connection with such rejection or cancellation of a Coupon Code.  We will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any of our Coupon Code or any failure or inability of a customer to use a Coupon Code for any reason.

Our Coupon Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient.  By using our Coupon Code, you warrant that you are the duly authorized recipient of it.

 

Third Party Sites and Links

We are not responsible for content of any other sites. In addition, a link to another website does not mean that we endorse or accept any responsibility for the content displayed on the other website(s).

References on the Website to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. We are  not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Website operate or otherwise interact, nor are we responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such Third party’s terms and policies (including its privacy policies).

 

Third-Party Software & Licensing Notices

The Website may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”).  Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties, set forth at their link or website.

 

Warranties

We expressly excludes all warranties, descriptions, representations or advice rendered as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Product supplied to the fullest extent permitted by law.

No agent or representative of ours is authorised to make any warranty, representation or statements given as to the fitness or suitability for any purpose, tolerance to any condition, similarity to sample, merchantability or otherwise of the Product supplied.

We do not warrant that our website will operate error-free or that our website or its server is free of computer viruses or other harmful items. If your use of our Website and its Material result in the need for servicing or replacement of your equipment or data, we shall not be responsible for these costs.

Our Website contains links to websites maintained by other third party/parties. We do not monitor the contents on these sites nor do we have the ability to control these sites. For these reasons, we cannot take responsibility for these third party content, and we urge you to direct any complaints or concern about such content to the administrator or Webmaster of the relevant sites.

 

Limitation of Liabilities

Your use of the Website is at your own risk. If you are dissatisfied with any of the Materials or other content of the Website or with these Terms of Use, our Privacy Policy, or other policies, your sole remedy is to discontinue your use of the Website.

In no event and circumstance shall Amoy Canning Entities be liable to you or third party for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or lost profits) resulting from the use or inability to use our website or its materials, whether based on warranty, contract, tort, or any other legal causes of action, and whether or not we are advised of the possibility of such damages. In any event, our liability to you for actual damages, regardless of the form of action will be strictly limited to the price of the Products sold, if at all.

We shall not liable for any consequential, indirect or special damages or loss of whatever descriptions. To the extent that we are found liable (by a court of law) in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of our obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the Product(s).

Both we and the third party logistic provider shall not be held responsible for any damages or loss of Products after delivery whatsoever. You expressly agree that we shall assume no obligation or liability for any advice or information given with the Products and that we shall also assume no responsibility for any inaccuracy or misstatement of any such information. You shall assume all risks connected with the use and storage of the Product.

You unreservedly acknowledge and agree that you shall assume all risk in connection with the use of the Website. We shall not be liable for any direct, indirect, consequential or punitive damage or loss of profits or loss of revenue however arising from the use of, access to the Website.

Without limitation to the foregoing:

The Website and all information contained herein is provided on a “as is” without any implied or express warranty including of any implied warranty as to title, quality, merchantability, fitness for purpose, or non-infringement. Before acting on the information found on the Website, you may wish to confirm the facts that are important to your decision making. Product information on our website may be different from information on the products for a variety of reasons including such things as manufacturers’ updates and changes.

We reserve the right to change or update information on any Product on the Website at any time without prior notice.

To the fullest extent permitted by law, we shall not be liable for any error or omission in the content of the site including any damage or injury arising out of or in connection with any access or use of the site whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc.

We shall also not be liable for any loss of chance arising from any defect, malfunction or failure of any telephone network / lines, computer systems, servers, computer equipment, software used in connection with the website.

Exclusion of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY AMOY CANNING ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO AMOY CANNING ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO AMOY CANNING ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE WEBSITE.

 

Termination

If you violate any of the Terms of Use, your permission to use the Website may be suspended or revoked without notice to you and we reserve the right to suspend or terminate your access to and use of the Website at any time.

These Terms of Use are effective unless and until terminated by either you or by us.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website.  We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Website, if in our sole discretion you fail to comply with any of these Terms of Use.  Upon any termination of these Terms of Use by either you or us, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Website, as well as all copies of such Content, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Registration and Passwords”, “Use of our Website”, “Your Contribution of Content and Ideas”, “Monitoring by Amoy Canning”, “Materials Available on Website”, “Amoy Canning’ s rights to use Content and Ideas” “Prohibited Contributions by You, ” Placing an Order’ “ Pricing and Product Information”, “Payment and Billing”, ”Product Unavailability”, “Delivery and Pickup”, “Amendment/Cancellation of Order/Delivery”,  “Overseas Delivery Policy”, “Product Exchange, Return and Refunds”, “Our Promotional Codes”, “Third Party Sites and Links”, “Third Party Software & Licensing Notices”, “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Warranties”, “Indemnity”, “Termination,” “Exclusion of Liabilities”, “Limitation of Liability”, “General”, “Non-Assignment“, “Force Majeur”, Governing Law and Jurisdiction”, “License Grant” and “Copyright Infringement and Copyright Agent”

General

These Terms of Use represent the complete agreement and understanding between you and us and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.  These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.  Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.  Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.  You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.  Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail.  Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Non-assignment

You shall not assign or otherwise transfer any of your rights and obligations whether wholly or partly without our prior written consent.

Force Majeure

We shall not be liable for any delay in performing or failure to perform obligations if the delay or failure results from events or circumstances outside our reasonable control.

Governing Law and Jurisdiction

You and Amoy Canning both benefit from establishing a predictable legal environment in which to publish, access and use the Website. Therefore, by publishing, accessing and/or using the Website, you and Amoy Canning explicitly agree that all disputes, claims or other matters arising from or relating to your use of this site will be governed by the laws of Singapore, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the operation or use of this website will be heard and resolved in a court of competent subject matter jurisdiction located in Singapore. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access this web site from locations other than Singapore, you will be responsible for compliance with all local laws of such other jurisdiction.

If any provision of this Terms of Use or part thereof is rendered or declared void, illegal or unenforceable by any legislation or any judicial or other competent authority to which it is subject it shall be rendered void, illegal or unenforceable to that extent and no further.

The Terms of Use in the Website shall be construed in accordance with the applicable laws of Singapore. Both you and Amoy Canning irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore.

License Grant

By posting communications/material or content on or through the Website, you will be deemed to have automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.

Copyright Infringement and Copyright Agent

We may in appropriate circumstances and at its sole discretion, remove, or disable access to, materials on the web site that infringes on the rights of others.

If you believe that your work/content has been used on the Website in a manner that constitutes copyright infringement, please provide us with a written notice (e-mail is sufficient) with details and information of your complaint.

An electronic or physical signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on  the Website; your address, telephone number and email address; a statement by you that in good faith you believe that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

 

Indemnity

You agree to defend (at our option), indemnify and continue to hold us and our officers, directors, employees and agents, harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Website or any breach by you of these Terms of Use.  We reserve the right, at our expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defence and settlement of such matter.

We shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending such claims, suit or proceeding.

© Apr 2024 Amoy Canning Corporation (S) Ltd

All Rights Reserved. Amoy Canning Corporation (S) Ltd unless otherwise stated.