November 5, 2016

Terms of Use

  1. Terms and Conditions

The Terms and Conditions are the terms on which the Website offers you access to the Website. If you do not accept these Terms and Conditions, you must refrain from using the Website.

  1. Amendments of Terms and Conditions:

The Website may amend these Terms and Conditions from time to time. Each User is responsible for ensuring they are familiar with the latest Terms and Conditions. Each User’s continued use of the Website represents their agreement to be bound by the Terms and Conditions.

  1. Defined Terms

In these Terms and Conditions:

Company” means [Madanilla Holdings Pte Ltd] (Private Company)

Customer” means a User who purchases, or engages in discussions with the Company with the intention to purchase, Items.

Item‘, means goods or property that may be bought or sold through the Website.

Sales Agreement” means an agreement entered into between the Company and a Customer setting out the terms on which the Company sells Items to the Customer.

Terms and Conditions” means these Terms and Conditions.

Transaction” means any purchase of Items by a Customer from the Company which is facilitated by use of the Website.

User” shall mean an individual and / or organizing accessing the Website for any means and in whatever capacity whatsoever.

Website” means and any reference to the Website (including any rights or obligations attaching to the Website as a result of these Terms and Conditions or any other relationship of a legal nature which is created by virtue of a Users use of the Website) shall include a reference to the Company.

  1. Risk

Transactions are conducted entirely at each Users own risk. Each User agrees that the Website takes no responsibility or liability for any misconduct of any User including, without limitation, Users that have registered under false pretenses or who attempt to defraud other Users. The Website gives no undertakings, representations, or warranties in relation to the Items including:

a. about ownership of any Item;

b. as to the content, safety, description, worthiness, quality, or legality of the sale of the Items in any jurisdiction;

c. as to the accuracy or truth of the description of the Items;

d. that the Items will meet a Customer’s requirements or expectations; or

e. about the ability of the Company to complete a Transaction.

  1. Disclaimer

Each User expressly understands and agrees that:

a. use of the Website and the purchase of any Items is at each Users sole risk. The Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, the Website disclaims and excludes all implied conditions or warranties;

b. the Website disclaims and excludes liability for any guarantees that an Item meets a certain standard or quality;

c. the Website does not warrant that any information provided on the Website is secure or error-free or reliable;

d. no advice or information that is obtained by a User from the Website or anyone else shall create any warranty by the Website that is not expressly stated in the Terms and Conditions;

e. while the Website has systems in place to reduce the risk of credit card fraud, the Website is not responsible for protecting Users from credit card fraud.

  1. Liability:

Each User agrees that, to the maximum extent permitted by law, any and all liability and responsibility of the Website to a User or any other person under or in connection with these Terms and Conditions, or in connection with the Items, this Website, another User’s acts or omissions, or a Users use of or inability to use, the Itms or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. The Website’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

  1. Indemnity:

Each User agrees to release, indemnify and keep indemnified the Website from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with the User’s failure to comply with these Terms and Conditions, the User’s failure to complete a Transaction or the User’s use of the Website.

  1. Breach:

 Without limiting any other rights and remedies available to the Website, the Website may limit a User’s activities on the Website in its absolute discretion.

  1. Creating an Account

Each User warrants that it has provided complete, accurate and current personal information when creating an account on the Website. Each User must maintain and update its personal information held by the Website to ensure it is kept current at all times. The Website may phone or mail a User to verify these details.

  • Deletion of Account

The Website reserves the right to decline to register or to terminate an account without entering into further discussions with the User.

  • Login information:

Each User is responsible for keeping their login information secret and secure.

  • Communications:

The Website may send Users emails relating to their account, Transactions and other activities on the Website, and for promoting and marketing the Website. Communications will contain clear instructions for how a User can unsubscribe from the mailing list.

  • General

a. All communications made through the Website shall be made in good faith.

b. Users must not damage, interfere with or harm the Website or any network, or system underlying or connected to them, or attempt to do so.

  • FEES

a. The Website may be used by Customers free of charge.

b. Fees will be chargeable to Customers in accordance with the relevant Sales Agreement.

  • No Liability:

 The Website has no liability for any lack of performance, unavailability or failure of the Items or the Website, or for any failure of the Website to comply with these Terms and Conditions.

  • No Waiver:

In the event that the Website does not exercise or enforce any right available to it under these Terms and Conditions, it does not constitute a waiver of those rights.

  • Partial Invalidity:

If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.

  • Governing Law:

These Terms and Conditions are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms and Conditions, shall, at the election of the Website (acting in its sole discretion) be either:

a. resolved by discussions and consultations between the parties in good faith; or

b. referred to and finally resolved by arbitration in accordance with the then in force Arbitration Rules of the Singapore International Arbitration Centre; or

c. submitted to the exclusive jurisdiction of the courts in Singapore; or

d. any combination of (a)-(c) above.

  • Intellectual Property Rights:

The Website owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Website. Users may not without the Website’s prior written permission, in any form or by any means:

a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

b. Commercialize, copy, or on-sell any information, or Items obtained from any part of this Website.

  • Entire agreement:

Other than in respect of a Sales Agreement, the terms of which shall remain in full force and effect, these Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms and Conditions.

  • Privacy:

The Website collects, uses and discloses personal information about Users, as outlined in detail within our privacy policy.