Terms Of Service
1. ACCEPTANCE OF TERMS
1.1 By using and accessing www.thefifthcollection.com (the "Website"), you conclude a legally binding agreement with us, THE FIFTH COLLECTION Pte. Ltd. ("we" or "us"), the owner and administrator of the Website.
1.3 We may amend this Terms of Service at any time by posting a revised version on the Website. However, an individual notice will not be sent to you. Any amended Terms of Service shall replace all previous versions of the same. If you do not agree to the amendments or changes to the Terms of Service, you should immediately cease use of any of the services on the Website. After any such amendment becomes effective, we will deem your continued use of the Website to constitute acceptance and agreement to such amendment. You can review the most current version of the Terms of Service at http://www.thefifthcollection.com/terms-of-service.
1.4 We will, from time to time, post on the Website, guidelines and rules relating to the use of the Website. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
2. USE OF THE WEBSITE
2.1 You agree to comply with the Policy of Acceptable Use in using the Website. We may remove or delete any content that you have provided on the Website if we, in our absolute discretion, suspect that it is in violations thereof.
2.2 In carrying out any transactions with us on or in relation to the Website or registering an account with us on the Website, you warrant that:
· you are above 21 years of age;
· you are using your actual identity;
· the personal data that you have provided to us are true, accurate, complete, and current; and
· you will maintain and promptly update your personal particulars and ensure that such information is kept true, accurate, complete, and current.
2.3 Children (users below the age of 21 years) are not eligible to use the Website or provide any personal data on the Website unsupervised. If you are below 21 years of age, you may use the Website and/or provide any personal data on the Website only after you have obtained consent from your parents/legal guardian or if you are under the supervision of your parent/legal guardian.
2.4 In the event that we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you acknowledge that you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your account.
2.5 You agree to notify us of any breach of security of your password.
2.6 We will not be liable for any loss or damage arising from your failure to comply with this Clause 2.
2.7 You agree to comply with the Buyer's Terms when you enter into a transaction on the Website.
3. THE FIFTH COLLECTION MATERIAL
3.1 By using and accessing the Website, you will be exposed to information, data, text, software, photographs, graphics, video, messages or other materials that we and/or other users of the Website upload, post, email, transmit or otherwise make available on the Website ("Website Material") whether publicly or privately.
3.2 You understand Website Material may be offensive, indecent or objectionable.
3.3 You understand that Website Material may only be used for the your own and non-commercial use, and not for publication, distribution, transmission, re-transmission, redistribution, broadcast, reproduction or circulation to someone else in the same company or organisation, and not for posting to other websites or forums, newsgroups, mailing lists, electronic bulletin boards, Internet Relay Chats operated by other websites.
3.4 You agree not to reproduce, display or otherwise provide access to the Website or Website Material on another website or server.
3.5 We are, under no circumstances, liable for any Website Material, including but not limited to, any errors or omissions in any Website Material, or for any loss or damage of any kind incurred as a result of the use of any Website Material posted, emailed, transmitted or otherwise made available on the Website.
4. DISCLAIMER OF WARRANTIES
4.1 Your use of the Website is at your sole risk. We disclaim all warranties of any kind, whether express or implied.
5. We reserve the right at any time and from time to time to modify and discontinue, temporarily or permanently, any services of the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.
5.1 We make no warranty that:
· the Website will meet your requirements;
· the Website will be uninterrupted, timely, secure and error-free;
· any results that may obtained from the use of the Website will be accurate or reliable; and
· the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations.
5.2 We cannot and do not endorse, and cannot be responsible for, the messages, views, opinions, research and recommendations of individuals, users, and organisations of deemed interest, or advocate any patronage of any particular service provider, course of treatment or commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion on the Website of a link to other website(s) or resources imply any form of endorsement by us.
5.3 We do not actively review or edit the messages, views, opinions, research and recommendations of users, even if such messages, views, opinions, research and recommendations are made by the users using the Website. While the information on the Website has been obtained from sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons. Therefore, please use the Website at your own risk.
5.4 By making available information and data pursuant on the Website, including facts, views, opinions and recommendations of individuals and organisations of deemed interest, we and our content providers are not giving or purporting to give or representing or holding themselves out as giving financial, investment, tax, legal and other professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
5.5 We may monitor or review any areas on the Website where you transmit or post communications for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, we do not undertake to monitor or review every posting or communication, and we disclaim any and all liability relating to all Website Material, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
6.1 You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any content that you submit, post, transmit or make available on the Website, your use of the Website, your connection to the Website, your violation of the Terms of Service, or your violation of any rights of another party.
7. LIMITATION OF LIABILITY
7.1 We shall not be liable to you for any direct, indirect, incidental, special, consequences or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
· the use or the inability to use the Website;
· the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
· unauthorized access to or alteration of your transmissions or data;
· statements or conduct of any third party on the Website; and
· any other matter relating to the Website.
7.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 2 years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
9. COPYRIGHT INFRINGEMENT POLICY
If you believe that your copyright has been infringed, please complete our standard Notice of Copyright Infringement and send a copy of the duly completed form to us via post or fax at:
THE FIFTH COLLECTION Pte. Ltd.
59 Club Street, Third Floor
9.1 Please note that we will only accept and act on notices in the English language that comply with this Terms of Service. Any notices that do not comply with the above will be rejected, and we will not take any action in relation to such rejected notices.
9.2 Within 4 weeks of receipt of a compliant notice of infringement, we will take the actions described below:
· expeditiously take reasonable steps to remove or disable access to the allegedly infringing electronic copy; and
· after removing or disabling access to the allegedly infringing electronic copy, expeditiously take reasonable steps to notify the user who had made that content available ("Content Owner") via the contact details that the user has provided to us. In doing so, we will also provide the Content Owner with a copy of the notice of infringement.
9.3 If the Content Owner provides a counter-notice, and this counter-notice is provided to us within 4 weeks of the date that we notify the Content Owner of the removal or disabling of access to the allegedly infringing content ("Notification Date"):
· we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly infringing content, if it is technically and practically feasible to do so; and
· if, before we complete the necessary steps to restore, or to restore access to, the allegedly infringing content (where it is technically and practically feasible to do so), the owner of the copyright in question commences proceedings to prevent the restoration of, or the restoration of access to, the allegedly infringing content, and we are informed of such proceedings, we will cease such steps to restore, or to restore access to, the allegedly infringing content.
9.4 If the Content Owner does not provide a counter-notice within 4 weeks of the Notification Date, we will take no further action and we will consider the case to be closed.
10.1 We may, under certain circumstances and without prior notice, at our sole discretion immediately terminate your account (if any). Cause for such termination shall include without limitation:
· breaches or violations of the Terms of Service, Policy of Acceptable Use, or other incorporated documents, guidelines or rules;
· request by law enforcement or other government agencies;
· self-initiated account deletions;
· infringement of intellectual property rights of others;
· discontinuance or material modification to the services on the Website, or part thereof;
· unexpected technical or security issues or problems; or
· extended periods of inactivity.
10.2 Termination of your account shall result in:
· removal of access to and barring of further use to all offerings of the Website that are associated with such account; and
· deletion of your password and all related information, files and content associated with or inside your account (or part thereof).
10.3 Termination of your account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms of Service, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We reserve all intellectual property rights to the Website and Website Material, including international copyright and trade mark rights. All other names, products and marks mentioned are the intellectual property rights of their respective owners. No materials provided through the Website, including text, graphics, code, ratings, rankings, databases, aggregated information, Website Material and/or software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyper-linked in any manner and in any form without our express, prior written approval, and the approval of the respective copyright and trade mark holders. The Website and Website Material are for your personal use only, and you may not engage in any dealings with other parties regarding such services and contents. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the Website and Website Material.
12.1 The Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
12.2 Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
12.3 Any account that you may have with us is not transferable and any rights to such account will terminate upon your death. Upon receipt of a copy of your death certificate, your account will be terminated and all content that you have generated in your account will be permanently deleted.
12.4 All notifications to us pursuant to the Terms of Service shall be sent via email to: [email protected]
Last Modified: 3 August, 2015