Terms & Conditions
This website – https://www.ivaluepack.com (the
"Site") is being made available to you free-of-charge. The terms
"you", "your", and "yours" refer to anyone
accessing, viewing, browsing, visiting or using the Site. The terms "Value
Pack", "we", "us", and "our" refer to Value
Pack., its affiliates and subsidiaries. We reserve the right to change the
nature of this relationship at any time and to revise these Terms and
Conditions from time to time as we see fit. As such, you should check these
Terms and Conditions periodically. Changes will not apply to any orders we have
already accepted unless the law requires. If you violate any of the terms of
these Terms and Conditions you will have your access cancelled and you may be
permanently banned from accessing, viewing, browsing and using the Site. Your
accessing, viewing, browsing and/or using the Site after we post changes to
these Terms and Conditions constitutes your acceptance and agreement to those
changes, whether or not you actually reviewed them. At the bottom of this page,
we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute
your acceptance of these Terms and Conditions. If you do not agree to
abide by these terms, please do not enter the Site.
I. ABOUT US
This Site is operated by Value Pack
Enterprises. We are a company incorporated in Singapore and our principal place
of business is located at 2 Kallang Pudding Road #09-09 Mactech Building
Singapore 349307.
II. DISCRIMINATION
We do not discriminate on the basis
of age, race, national origin, gender, sexual orientation or religion.
III. PRIVACY
Please review our Privacy and Security Policy, which also
governs your visit to the Site. To the extent there is a conflict between the
terms of the Privacy and Security Policy and the Terms and Conditions, the
Terms and Conditions shall govern.
IV. COPYRIGHT
You acknowledge that the Site
contains information, data, software, photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material (collectively "Content")
that are protected by copyrights, trademarks, trade secrets, rights in
databases and/or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the copyright
laws, and we own a copyright and/or database right in the selection,
coordination, arrangement, presentment and enhancement of such Content. You may
not modify, remove, delete, augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from or adaptations of, or in
any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, you may make copies of select portions of the
Content, provided that the copies are made only for your personal use and that
you maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
permitted by the fair use privilege under the copyright laws, your legal rights
in relation to "fair dealing" under European copyright law, or your
legal rights under any other similar copyright law, you may not upload, post,
reproduce, or distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the copyright
or other propriety right.
Nothing contained on the Site should
be construed as granting, by implication, estoppels, or otherwise, any license
or right to use the Site or any information displayed on the Site, through the
use of framing, deep linking or otherwise, except: (a) as expressly permitted
by these Terms and Conditions; or (b) with our prior written permission or the
prior written permission from such third party that may own the trademark or
copyright of information displayed on the Site.
V. INTELLECTUAL PROPERTY
INFRINGEMENT
We rely on a network of independent
affiliates, subsidiaries, agents, third-party product providers, third-party
Content providers, vendors, suppliers, designers, contractors, distributors,
merchants, sponsors, licensors and the like (collectively,
"Associates") who supply some of the goods advertised on the Site
and, in some cases, drop ship them directly to our customers. In accordance
with the Digital Millennium Copyright Act, we are not liable for any
infringement of copyrights, trademarks, trade dress or other proprietary or
intellectual property rights arising out of Content posted on or transmitted
through the Site, or items advertised on the Site, by our Associates. If you
believe that your rights under intellectual property laws are being violated by
any Content posted on or transmitted through the Site, or items advertised on
the Site, please contact us promptly so that we may investigate the situation
and, if appropriate, block or remove the offending Content and/or advertisements.
It is our policy to disable access to infringing materials, and to terminate
access of repeat infringers to the Site. In order for us to investigate your
claim of infringement, you must provide us with the following information:
1. An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
2. A description of
the copyrighted work or other intellectual property that you believe has been
infringed;
3. A description of
where the material that you claim is infringing is located or identified on the
Site; Your name, address, telephone number, and e-mail address;
4. A statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright or intellectual property owner, its agent, or the law; and
5. A statement by you,
made under penalty of perjury, that the information submitted to us is accurate
and that you are the owner of the copyright or intellectual property or
authorized to act on behalf of the owner of the copyright or intellectual
property.
The above information should be
provided to our agent for notice of claims of copyright or other intellectual
property infringement, who can be reached as follows:
By Mail: Copyright Agent c/o Value
Pack Enterprises
2 Kallang Pudding Road, Mactech Building, #09-09, Singapore 349307
By Mail: support at ivaluepack-ess.com
VI. TRADEMARKS
VALUE PACK and other marks which may
or may not be designated on the Site by a "™" "®" or other
similar designation, are registered, pending or unregistered trademarks of Value
Pack. Our graphics, logos, page headers, button icons, scripts, and service
names are trademarks or trade dress of Value Pack. Value Pack trademarks and
trade dress may not be used in connection with any product or service that is
not Value Pack’s, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Value Pack. All other
trademarks not owned by us that appear on the Site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored
by Value Pack.
VII. SITE ACCESS
You may not download (other than page
caching) or modify the Site or any portion of it without our express, prior
written consent. This includes: a prohibition on any resale or commercial use
of the Site or its Content; any collection and use of any product listings,
descriptions, or prices; any derivative use or making adaptations of the Site
or its Content; any downloading or copying of account information for the
benefit of another merchant; and any use of data mining, screen-scraping,
robots, or similar data gathering and extraction tools. The Site or any portion
of the Site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without our express, prior
written consent. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of Value Pack or its Associates without our express, prior
written consent. You may not use any meta tags or any other "hidden
text" utilizing our name or trademarks without our express, prior written
consent.
VIII. YOUR ACCOUNT
If you use the Site, you are
responsible for maintaining the confidentiality of the information you submit
through "My Account" and the corresponding password and for
restricting access to your computer. You agree to accept responsibility for all
activities that occur under "My Account" or password. We reserve the
right to refuse service, terminate accounts and to remove or edit content
submitted by you in the "My Account" area of the Site.
IX. LINKS
We are not responsible for the
content of any sites that may be linked to or from the Site or any bulletin
board associated with us or the Site. These links are provided for your
convenience only and you access them at your own risk. Unless otherwise noted,
any other websites accessed from the Site are independent from us, and we have
no control over the content of that other website. In addition, a link to any
other web site does not imply that we endorse or accept any responsibility for
the content or use of such other website.
In no event shall any reference to
any third party or third-party product or service be construed as our approval
or endorsement of that third party or of any product or service provided by a
third party.
X. LINKS DISCLAIMERS
AND LIMITATIONS OF LIABILITY
The Site is provided on an "AS
IS," "as available" basis. Neither Value Pack, nor its
Associates warrant that use of the Site will be uninterrupted or error-free.
Neither Value Pack, nor its Associates warrant the accuracy, integrity, or
completeness of the Content provided on the Site or the products or services
offered for sale on the Site. Further, Value Pack makes no representation that
Content provided on the Site is applicable or appropriate for usage in all
countries. Value Pack specifically disclaims warranties of any kind, whether
expressed or implied, including but not limited to warranties of title, implied
warranties of merchantability or warranties of fitness for a particular
purpose. No oral advice or written information given by Value Pack or its
Associates shall create a warranty. You expressly agree that your access to,
viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Value
Pack or its Associates be liable for any direct, indirect, incidental, special,
or consequential damages that result from the use of or inability to use the
Site, including but not limited to reliance by a user on any information
obtained at the Site, or that result from mistakes, omissions, interruptions,
deletion of files or e-mail, errors, defects, viruses, delays in operation or
transmission, or any failure of performance, whether or not resulting from acts
of God, communications failure, theft, destruction or unauthorized access to Value
Pack records, programs or services. The foregoing limitation of liability shall
apply whether in an action at law, including but not limited to contract,
negligence, or other tortious action; or an action in equity, even if an
authorized representative of Value Pack has been advised of or should have knowledge
of the possibility of such damages. You hereby acknowledge that this paragraph
shall apply to all Content, merchandise and services available through the
Site. Because some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states liability is limited to
the fullest extent permitted by law.
Although we take steps to ensure the
accuracy and completeness of product and third-party service descriptions
posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended
for personal, not commercial or business use, unless otherwise indicated. As
such, you assume the risk when purchasing products for a commercial or business
use or application.
XI. ONLINE CONDUCT
You agree to use the Site only for
lawful purposes. You are prohibited from posting on or transmitting through the
Site any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or
otherwise objectionable material of any kind, including but not limited to any
material that is or that encourages fraudulent activity or encourages conduct
that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, federal, or international law.
If we are notified of or suspect allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by you (e.g., through an author chat or
online review), we may (but without any obligation) investigate the allegation
and determine in our sole discretion whether to remove or request the removal
of such Content from the Site. We may disclose any Content or electronic
communication of any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate to operate the
Site; or (iii) to protect the rights or property of Value Pack, its Associates,
our users and customers and/or you.
We reserve the right to prohibit
conduct, communication, or Content that we deem in our sole discretion to be
unlawful or harmful to you, the Site, Site users, our customers or any rights
of Value Pack or any third party. Notwithstanding the foregoing, neither Value
Pack nor its Associates can ensure prompt removal of questionable Content after
online posting. Accordingly, neither Value Pack, nor its Associates assume any
liability for any action or inaction with respect to conduct, communication, or
Content on the Site.
XII. TERMINATION OF
USAGE
We may terminate your access or
suspend your right to access to all or part of the Site, without notice, for
any conduct that we, in our sole discretion, believe is in violation of any
applicable law, is in breach of these Terms and Conditions or is harmful to the
interests of other users, Associates, or us. In addition, we reserve the right
to refuse an order from any customer in our sole discretion.
XIII. USAGE BY MINORS
This Site is not intended for or
directed to persons who are minors (typically persons under the age of 18,
depending on where you live). Because we cannot prohibit minors from accessing,
viewing, browsing, visiting or using the Site, we must rely on parents,
guardians and those responsible for supervising minors to decide which
materials are appropriate for minors to view and/or purchase. By registering
with this Site, purchasing products from us or providing us with any
information, you represent to us that you are legally permitted to enter into a
binding contract (18 years of age or older in most jurisdictions) or, if you
are under the legal age of consent, you have the express permission from your
parent or guardian and that any information you provide to us is not
inaccurate, deceptive or misleading.
We require that all purchases be made
either (i) by individuals who are not minors and who can legally enter into
binding contracts (typically persons 18 years of age or older, depending on
where you live), or (ii) by minors with the permission of a parent or guardian
to purchase items on the Site.
XIV. DISPUTES
If you access the Site, any dispute
relating in any way to your visit to the Site, to these Terms and Conditions,
to our Privacy and Security Policy, to our advertising or solicitation
practices or to products you purchase through the Site shall be submitted to
confidential arbitration in Singapore, except that, to the extent you have in
any manner violated or threatened to violate Value Pack’s intellectual property
rights, Value Pack may seek injunctive or other appropriate relief in Singapore
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this Agreement shall be conducted under the rules then prevailing of the
Singapore Court of Arbitration. The arbitrator's award shall be binding and may
be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
XV. SITE POLICIES,
MODIFICATION AND SEVERABILITY
Please review our other policies,
such as our Privacy and Security Policy, Returns Policy, Shipping &
Delivery Policy and others, all of which are incorporated herein by this
reference and are posted on the Site and may be accessed by using the Search
Help function on this page. These policies also govern your visit to the Site.
We reserve the right to make changes to the Site, policies, and these Terms and
Conditions at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining
condition.
XVI. HOW TO ORDER THROUGH
THE SITE
After placing an order, you will
receive an email from us acknowledging that we have received your order ("Order
Confirmation"). Please note that this does not mean that your order
has been accepted. Your order constitutes an offer to us to buy a product. All
orders are subject to acceptance by us, and we will confirm such acceptance to
you by sending you an email confirming the shipment of your order (the "Shipping
Confirmation"). A contract with us will only be formed when we send
you the Shipping Confirmation. The contract will relate only to
those products whose shipment we have confirmed in the Shipping
Confirmation. We will not be obliged to supply any other products which may
have been part of your order in a separate Order Confirmation. We
reserve the right to cancel your order at any time before we have accepted it
and we may rescind our acceptance and cancel your order where there has been an
obvious error in price or where the product is no longer in our or our third-party
fulfilment provider’s inventory.
XVII. PRICES AND
AVAILABILITY OF PRODUCTS
Prices and availability of products
on the Site are subject to change without notice. Errors will be corrected when
discovered. Our Site contains a large number of products and it is always
possible that, despite our best efforts, some of the products listed on our
Site may be incorrectly priced. We will normally verify prices as part of our
dispatch procedures so that, where a product's correct price is less than our
stated price, we will charge the lower amount when dispatching the Product to
you. If a product’s correct price is higher than the price stated on our Site,
we will normally, at our discretion, either contact you for instructions before
dispatching the product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect
(lower) price, even after we have sent you an Order Confirmation or
a Shipping Confirmation, if the pricing error is obvious and
unmistakable and could have reasonably been recognized by you as a pricing
error.
On occasion, you may be able to place
a product in your shopping cart and submit your order for processing, but your
order is subsequently cancelled due to unavailability of product. You acknowledge
that products may sell quickly and there may be a short period of time after an
order has been submitted, but where the product is no longer available. You
agree that we may cancel your order after you have received an Order
Confirmation without penalty.
XVIII. SHIPPING
The term shipping or ship includes
the commencement of shipping items in an order for multiple purchases or where
the item purchased consists of components that must be shipped separately. For
example, your order may consist of (1) several different items, (2) a quantity
of the same item, or, (3) a single item with several component parts the size
of which might require them to be shipped in separate packages. In all such
orders, we endeavour to ship out individual packages together so that they
arrive at the same time; however, when that is not possible, we commence
shipping by shipping individual packages in the order the soonest they are
available and conditions permit. In these instances, our notification to you
that your order has shipped marks the time when shipping has commenced; it does
not mean that all items in the order have shipped at that time. All packages
sent have a separate tracking number and may be followed on the Order Status
page. You agree that credit cards and debit cards are to be charged on the date
of inventory reservation for the order, not the date of shipping.
XIX. RISK OF LOSS
All items purchased from Value Pack
are made pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon tender of the item to the carrier.
XX. PRICING
All products posted on the website
are priced in Singapore dollar. It is the sole responsibility of all
non-Singapore customers to understand and know the prices of the products which
they have paid for.
XXI. DELIVERY TIMES
Your order will be fulfilled by the
delivery date set out in the Shipping confirmation. If you do not
receive your products on the date set forth, please refer to the carrier
quoting the tracking number.
XXII. DISCLAIMERS OF
WARRANTY & LIMITATIONS OF LIABILITY
To all customers, we warrant to you
that, where you buy a product as a consumer, any product purchased from us
through our Site is of satisfactory quality and reasonably fit for all the
purposes for which products of the kind are commonly supplied and will conform
with description or sample.
Our liability for losses any customer
suffers as a result of us breaking these Terms and Conditions or anything else
we do or do not do in connection with any order is strictly limited to the
purchase price of the product you purchased and any losses which are a
foreseeable consequence of us breaking the agreement. Losses are foreseeable
where they could reasonably be contemplated by the parties at the time your
order is accepted by us.
We are not responsible for indirect
losses which happen as a side effect of the main loss or damage and which are
not foreseeable, including but not limited to: (a) loss of income or revenue;
(b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated
savings; (e) loss of data; or (f) waste of management or office time however
arising and whether caused by tort (including negligence), breach of contract
or otherwise.
Other than the warranties and other
assurances we give you in these Terms and Conditions, Value Pack specifically
disclaims all warranties, conditions and other terms of any kind, whether
expressed or implied, including but not limited to implied terms of
satisfactory quality or fitness for purpose. No oral advice or written
information given by Value Pack shall create a warranty.
XXIII. APPLICABLE LAW
If you access the Site, you agree
that Singapore law will govern these Terms and Conditions and the purchase of
products by you through the Site and that any dispute of any sort that might
arise between you and Value Pack or its affiliates and subsidiaries shall be
subject to the exclusive jurisdiction of the courts of Singapore.